Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order 2020

Finally, the (No. 3) (Amendment) order has been laid using the negative procedure. This order extends the sunset clause of the Heavy Commercial Vehicles in Kent Order (No. 3) 2019 to the same date as the others, so they will all expire on 31 October 2021.

The amending order further defines the strategic roads which will require HCV drivers to obtain a Kent access permit through the GOV.UK “Check an HGV is ready to cross the border” service before setting off on an international journey via Kent. This amending order would also allow vehicles carrying specific priority goods to obtain a priority goods permit that allows them to bypass the Operation Brock queues. It also clarifies to whom local haulier permits may be issued in line with Kent County Council guidelines.

To summarise, these amending instruments continue the powers from the 2019 orders by extending the sunset clause. These instruments allow for an enforceable border readiness check to be conducted. At the end of the transition period, the UK will become a third country and the customs authorities in EU member states will introduce EU border and customs rules. Traders will need to complete new processes for customs and provide documentation to their hauliers, who will need that documentation when carrying goods, to enable smooth movement across the border. The border readiness checks will look to see whether a haulier has those documents. This is important because, without the right documentation, drivers may not be able to complete their journey to the EU. The UK port may turn them away if they do not have the required documentation—for example, some of the customs documentation will need to be scanned at the Eurotunnel check-in before the vehicle can board the train.

These orders are vital to sensible traffic management in Kent. It is critical that we demonstrate to the public and to businesses that Operation Brock has been developed and strengthened from the 2019 orders and that it will be ready, fully operational and enforceable on day one should it be needed to deal with the impact of any cross-channel disruption. I beg to move.

The majority of drivers employed by foreign and British hauliers operating on the cross-channel routes are not British nationals; many are, of course, eastern European. There is a difficulty not only of communication but, potentially, of collecting any fine if it falls on the driver and not the company. There is another problem here as well. There will be a need to differentiate drivers and trucks of different nationalities. I understand that there will be an electronic system, which is not completely working properly. It will be able to do so to a degree, but what then happens? For example, trade between Ireland and the remaining countries in the EU mainly transits via Great Britain, but Irish lorries from an EU member state—Ireland—will presumably have easier access through French and Belgian ports, so should the UK side of this operation not allow them to go through more easily? What arrangements have been made for this Irish trade? Will it be given priority, as would logically be the case? While I am about the Irish trade, what are the equivalent arrangements at Holyhead and Fishguard?

Regarding Operation Brock, traffic management and parking, these regulations imply an enormous operation. They envisage situations where the traffic is either near static or gridlocked. Does responsibility for enforcement and Operation Brock, with traffic management on the M2, M20 and feeder roads, fall on the Kent Police or some new organisation? I understand that document checks will be carried out by DVSA personnel. Is the cost of all this to come out of general taxation or a grant to DVSA, Kent County Council or Kent Police? Does the operation involve customs officers and Border Force staff in checking other aspects of the documentation? What are the additional cost and manpower resources for that operation? It is potentially an enormously substantial traffic management task.

Moreover, how will local commercial traffic which operates only within Kent and south-east England—not in international trade at all—be allowed to proceed and not get caught up in the gridlock of international trade? How, for example, will those lorries given key priority because they are carrying live animals or fresh produce be able to work their way through and who is responsible for seeing that they do? Is that the police or the DVSA, and how will they have the authority to get them through?

Are there systems for communicating severe delays back upstream, so that lorry drivers coming through the country either divert or rest well before they reach Kent, so that the situation does not get worse? I understand that hauliers and Unite the Union have also raised the question of facilities at the lorry parks, where drivers may have to stay for hours, if not days, in some cases, if the situation gets really bad. Frankly, a few Portaloos scattered along the M20 is not sufficient.

Finally, can the Minister clarify something on phasing in? In dealing with traffic coming the other way, into the UK, the Government have indicated that they do not initially intend to impose heavy checks at Dover and that the system will be phased in in five stages. Is there a similar understanding with the EU, or with the French and Belgian authorities, so that there will be a phasing-in of their controls on the other side of the channel? If that were the case, it would ease the problem on this side to a degree and much in these orders would therefore not often be needed.

That is not the end of the disruptions taking place for those people: there is also the extra cost of flood- lighting, security and road diggers, while the entire airfield has been covered in cones for months for no obvious reason. For those reasons, I hope the Minister will respond and give some very good explanations for why so much money has been expended unnecessarily on these projects.

It is not just washing and lavatory facilities that are important, important though they are; what about food outlets and so on? I also wonder, given the importance of having the appropriate paperwork, if there is going to be internet access, whether at Manston airfield or anywhere else. If my noble friend could say something about that, it would be appreciated because that point is central.

Are there any special considerations in the Covid pandemic period that have been brought to bear? Obviously, when this was first considered in terms of an earlier possible delay to a Brexit agreement, there was no pandemic. There has been a pandemic since. How has that been factored in? Is the prospect of all those people in close proximity presenting particular problems? How are we addressing that?

Like the noble Lord, Lord Whitty, I am concerned about the position regarding Holyhead and Fishguard. I appreciate that is not directly an issue here but I wonder whether my noble friend can say something by way of reassurance that we are on top of that issue. I know this point came up yesterday at Oral Questions, at least with regard to Holyhead, and it appears that there are some difficulties there too, although perhaps not of the same magnitude. Perhaps she can say something about that.

These orders appear to be specific to Kent. I understand that, but given the impact that all this is having, are we sure that it will not have an impact on the surrounding counties of Essex, Sussex and Surrey, and the capital, London, as well? If not, what are we doing about the position in the adjoining counties and areas? Are we ensuring that there is proper publicity in the surrounding areas—indeed, throughout the country—so that people travelling to Kent will be aware of the problems involved in doing so, particularly close to Dover, Ashford and so on? There are many considerations, and I appreciate that my noble friend might not have answers to all the questions. If she does not, I shall be happy to receive a letter from her, with a copy placed in the Library.

The documentation issue was barely mentioned. The Government have talked about recruiting 50,000 extra customs officers to deal with the documents. Perhaps the Minister can tell us how many of those customs officers have actually been recruited, as we come to finally leaving the European Union.

Her Majesty’s Government are supposed to be producing a driver’s explanatory handbook to explain all these regulations to drivers. It is going to be in 18 languages. So far, we have not even seen one in English; I cannot speak about the other 17. Can the Minister tell us when this handbook is to be produced, bearing in mind that we are only a few weeks away from its being necessary?

The Road Haulage Association—the very people most involved in these matters—has been fairly scathing about the Government’s preparatory work in the run-up to 31 December, recently describing the proposals as “incomplete” and “inadequate”, and using terms such as “total incompetence”. Those are the RHA’s words, not mine. It is not exactly thrilled by the prospect. Have the trade unions—especially Unite, which is responsible for the organisation of lorry drivers in the United Kingdom—expressed an opinion? What are their views about the proposals?

The figure of 5,000 to 7,500 lorries has been mentioned. If I may digress a moment from the actual orders, while remaining on the subject of cross-channel traffic, I can tell noble Lords that 30 years ago, those of us who supported the Channel Tunnel were assured that one of its enormous benefits would be that, for the first time in this small country, there would be the opportunity for long rail freight hauls right across Europe. Many of us looked forward to seeing those trans-European freight trains. But now, 25 years after the tunnel opened, when 1.2 million lorries per year use the Eurotunnel railway merely as a shuttle to get between our country and the continent, how many freight trains are scheduled every 24 hours? Six. There is a slight imbalance there, and given the likely chaos foreseen not just by me but by lots of other people, I hope the Minister and her department will look again at that imbalance between international road and rail freight, and see what can be done.

Funnily enough, the ports of Dover and Folkestone, and many other affected parts of the United Kingdom, were the areas that voted most heavily for Brexit in the referendum. They may find that “getting their country back” means that their county is likely to be choked by a torrent of heavy goods vehicles going nowhere, and their areas will be considerably affected by the carbon deposits that the vehicles will leave. Pollution and congestion could well be the outcome of these two orders.

All of this is certainly not what was promised when Brexit was proposed to the people of this country. Far worse than this, it is now four years since that referendum and a little over four weeks until the transition period ends, yet we are told that much of the detail that operators need for effective planning is not yet complete. I ask my noble friend what the reason for this is and how it is being considered in the current EU negotiations.

These regulations are certainly going to be required according to those directly involved. For example, the operations director of the Customs Clearance Consortium suggested that there was

“more than a 50% chance there will be delays”

on Kent roads as a result of the disruption at the ports. Earlier this month, the Commons Committee on the Future Relationship with the European Union was told by road haulage leaders that there is an 80% chance of “chaos in Kent”, as the necessary computer systems, lorry parks and customs agents needed to avoid delays were not yet in place.

I was struck by the observation that Ministers seemed to be relying on

“self-belief in their own rhetoric … that everything will be okay”.

Could my noble friend please comment on, for example, remarks by the chief executive of the Road Haulage Association that far fewer than the 50,000 customs agents needed to process the 200 million additional forms generated annually by Brexit are already in place? How many agents does her department estimate are, in fact, in place? If she does not have this, and the other, information I am asking for, please could she write to me? When will the full functionality of the IT systems needed for efficient post-Brexit operations be provided? Do the Government have information on the availability of the heat-treated pallets, which are apparently in short supply but are essential for exports to the EU from January?

I express particular concerns about smaller hauliers, which have limited resources for preparations of this magnitude. Like the noble Lord, Lord Whitty, I also tried to look up the Government’s guidance and found it difficult to identify precisely what is needed to ensure readiness. The officials preparing such documentation clearly have a much greater knowledge than those who have never had to deal with customs before because of our free movement rules within the single market and customs union. The Government have always faced significant challenges in communicating policy to the public, struggling to provide user-friendly information.

Once again, I echo the words of the noble Lord, Lord Snape, asking: when will this business handbook that was promised to help hauliers prepare for the radical new systems be in place? The idea that there will now potentially have to be passport-style checks just to get into Kent, and of then having to go through those checks and potentially still queue in giant lorry-holding facilities, is rather shocking. I echo the concerns of my noble friend Lord Bourne and others, and I ask my noble friend what restroom facilities will be available for drivers with delays of many hours. I know that we were told that Brexit would mean an end to free movement, but I do not think anyone ever imagined that that would mean ending free movement inside our own country as well.

This leads me on to a subject on which many noble Lords have spoken: the location of restrooms—some people call them restrooms; I call them toilets. Where will they be? Again, we got some rather sad evidence from Highways England, which is responsible for motorways in Kent. It is good to know that there will be portakabins and good facilities in Sevington and Manston, but the problem is that, going down the motorway, there are four lanes on the M20 and there might be a situation where there are two lanes in one direction and two lanes in the other, but it is difficult to know where you could put even a portaloo down there. You cannot really put them on the verge, because people will stop on the hard shoulder and, when they are moving, that is highly dangerous. Of course, once they have stopped and there is a traffic jam that lasts for goodness knows how many hours, where will the facilities be? It is very hard to solve, unless portakabins are to be airlifted in, which sounds pretty stupid. We need some answers

My second question for the Minister is about enforcement, mentioned by my noble friend Lord Snape. When stopping a truck, or even going up to a stopped truck, and dealing with the kind of fines mentioned by my noble friend—the £300 and everything—the first question is: who is liable to pay it? Is it the driver? Is it the forwarder? Is it the owner of the goods, the owner of the tractor unit or the owner of the trailer? All of these could well be different people. How long does it take a police officer to administer a fine or a charge? As my noble friend said, £300 is a lot of money. Where are they going to stop the trucks to do it? I do not know whether the Minister has an answer to this question, but I suspect that the answer is that this will not be done—they cannot do it because they do not have enough people. Then, we will get into a really chaotic situation.

I echo previous noble Lords in saying that we have known about this for four years. We had hoped that the single market would allow a freer flow of goods, but there were going to have to be some checks somewhere. There will be checks not just at Dover and the Channel Tunnel but at ports all the way up and down the country, to which drivers may well want to divert to avoid reported jams at Dover and the Channel Tunnel. Are we in a situation where we are going to get chaos everywhere? If so, it is we and our businesses who will lose out.

From having talked to many of the firms involved, I know that, in spite of the fact that we may have 80% of the drivers and trucks coming from eastern Europe and being driven for eastern European companies, if they get held up too much, none of the people or customers will want to try that again. As a consequence, the big and small firms that use these services to move their goods across borders several times in the course of manufacture may well say, “Enough’s enough, we’re going to move it all to the continent”. I hope that I am wrong, but we have to get this right, and at the moment the industry clearly does not think that we have. I look forward to the Minister’s response.