As part of the Government’s EU transition programme, the Department for Transport, working with other Government Departments, has been negotiating bilateral arrangements with France to support the continuation of cross-border rail services, which provide significant economic and social benefit to the United Kingdom. The purpose of these draft regulations, which are being published today, is to provide for the continued recognition of EEA issued train driving licences (“European TDLs”) in the UK section of channel tunnel cross-border area, so that a bilateral agreement—currently agreed in principle at a technical level—for the mutual recognition of British and European TDLs will be able to be ratified once in place. Without making these regulations, and the proposed agreement they will implement, European TDLs would cease to be valid in the channel tunnel border area from 31 January.
These regulations will provide for the continued recognition of European TDLs only in the UK section of the channel tunnel fixed link up to Ashford International Station and Dollands Moor freight terminal in Kent. This will be reciprocated in France with respect to British train driving licences up to Fréthun freight and passenger terminals in Calais.
The draft regulations make the necessary amendments to domestic train driving licensing legislation to support the implementation of the proposed bilateral agreement. This will be achieved by amending the Train Driving Licences and Certificates Regulations 2010.
The agreement, and by extension these regulations, are fully compatible with our fundamental red lines in these negotiations, which are to support the continuation of cross-border services, which provide economic and social benefit to the UK, while conferring no role for the EU courts or the European Union Agency for Railways in UK territory and avoiding dynamic alignment with EU law.
The bilateral agreement has now been agreed in principle at a technical level and is expected to be ready for signature soon. Subject to approval by Parliament, the intention is that the regulations will be made and come into force after the bilateral agreement has been signed. In the unlikely event that France is not subsequently able to ratify the bilateral agreement, we will look to revoke the changes and recognition of European TDLs put in place by these regulations.
The regulations are being published in draft 28 days before they are due to be laid for affirmative debate. This is required under the paragraph 14 of Schedule 8 to the European Union (Withdrawal) Act 2018 because the Train Driving Licences and Certificates Regulations 2010 were made using powers under the European Communities Act 1972.
The need to tackle the HGV driver shortage is a top priority for my Department and the Government are committed to finding solutions to mitigate the effect and take urgent action. With 25 proactive actions taken by my Department to resolve the long-term HGV driver shortage in recent weeks, we are already seeing results, with a 300% increase in the number of HGV provisional licence applications. This is a real achievement, but it is important that we continue to build on this success.
The haulage sector has been experiencing a chronic shortage of HGV drivers worldwide for some time. In Great Britain the issue has been further exacerbated by the coronavirus pandemic, which meant that driver testing had to be suspended for much of 2020, delaying entry to the industry of potential drivers. In addition, there are longer-term issues surrounding attracting and retaining drivers to the industry such as: antisocial hours, poor diversity, relatively low pay and poor driver facilities.
The Department for Transport and other Government Departments have been working alongside the haulage industry to ensure that we attract, recruit, train and test drivers who want to enter the profession, including increasing capacity for testing candidate drivers through measures taken by the Driver and Vehicle Standards Agency and prioritising licence applications within the Driver and Vehicle Licensing Agency.
Streamlining the HGV driving licence regime is an important step in getting drivers tested and into jobs quickly, relieving the pressure on the haulage industry from the driver shortage. On 10 September 2021, following public consultation, I announced a number of measures to simplify the HGV licencing regime and bring forward legislation that would remove the current staged process for getting an HGV licence in Great Britain.
As trailed in my oral statement on 20 September, as of the 4 October, we have:
Replaced the traffic light system with a single red list and simplified travel measures for eligible arrivals from the rest of the world based on passengers’ vaccination status.
Removed the requirement for eligible fully vaccinated passengers to take a pre-departure test, providing that they are arriving into England from a non-red list country or territory and have not been to a red list country or territory in the last ten days. The devolved Administrations have also aligned on this policy.
We have also made the follow changes in respect of international travel:
Lateral flow devices for arrival tests
From 4am on 24 October, arrivals into England who are considered fully vaccinated, along with most under 18s, who have not been in a red list country in the last 10 days will be able to take a lateral flow test on or before day 2 of their arrival, instead of a PCR test. This change will cut the costs of tests in time for travellers returning from half-term breaks and these tests can be booked from 22 October.
Passengers will need to take a photo of their lateral flow test result and send it back to their private testing provider for verification. Anyone who tests positive will need to self-isolate and take a free NHS confirmatory PCR test.
Red list review
The Government have conducted the first review of the red list under our new and simplified system of international travel. As of 4am on Monday 11 October, 47 countries including South Africa, Brazil, Mexico and Thailand were removed from the red list.
It will mean that drivers will not need to hold a Category C—rigid lorry—licence before applying for a Category C + E—articulated lorry—licence, removing a stage in the process for those drivers who wish to acquire a category C + E licence. This measure will be addressed through a draft affirmative statutory instrument which is laid before Parliament today.
This legislation will help to make the process from learner to qualified driver quicker by removing certain steps and allow it to respond more rapidly to the acute need for drivers at the heavier end of the vehicle spectrum. High driving standards will be maintained through existing pre-test training and gaining on-road driving experience.
To make rapid progress on this, we are seeking to make use of the urgent procedure under paragraph 14(6) of Schedule 8 to the European Union (Withdrawal) Act 2018. As Secretary of State for Transport, I am of the opinion that, by reason of urgency, the requirements for the statutory instrument to be made after being published in draft together with a scrutiny statement should not apply.
Forgoing the 28-day publication period will allow earlier laying of the legislation than would have otherwise been possible and strengthen the steps we have already taken to increase testing capacity and ease supply chain issues as quickly as possible. Arrangements will be in place to ensure that the changes made by the legislation are operationally effective as soon as the legislation is in force.
Tackling the causes and effects of the HGV driver shortage is a top priority for my Department and the driving licence regime and its legislation must support our efforts. This as part of 25 measures we have taken so far, will help us to reduce the impact of this shortage on the people of Britain.
[HCWS311]
Given the success of the vaccination programme in the UK and the latest evidence of variants across the world, including the fact that the Delta variant is now dominant in many countries as it is in the UK, we have been able to significantly reduce the red list. However, we remain concerned about the presence of mu and lambda variants in the small number of countries we have kept on the red list. We will keep this list under review.
The following seven countries and territories now make up the red list:
Colombia
Dominican Republic
Ecuador
Haiti
Panama
Peru
Venezuela
All passengers arriving into England from a red list country, or those who have been in a red list country or territory in the last 10 days, will have to quarantine at a managed quarantine service facility for 10 days upon their arrival in England.
Expansion of the inbound vaccination policy
As of 4am on Monday 11 October, we also expanded our inbound vaccination policy to include eligible fully vaccinated passengers who have not been in a red list country in the ten days before their arrival into England, to the below countries:
Albania
Bahamas
Bangladesh
Bosnia and Herzegovina
Colombia
Egypt
Ghana
Grenada
Hong Kong
India
Jamaica
Jordan
Kenya
Kosovo
Maldives
Moldova
Morocco
Nigeria
North Macedonia
Oman
Pakistan
Serbia
St Kitts and Nevis
St Lucia
St Vincent and The Grenadines
Turkey
Ukraine
Vietnam
In addition, we have expanded the policy to a further set of countries and territories which were removed from the red list at this review:
Brazil
Chile
Georgia
Indonesia
Montenegro
Namibia
The Philippines
South Africa
Thailand
Our inbound vaccination policy now covers over 100 countries and territories, and eligible fully vaccinated passengers will be treated the same as those vaccinated in the UK. Eligible fully vaccinated passengers who have not been in a red list country in the ten days before their arrival into England will no longer need to take a pre-departure test before their departure, a post-arrival test on day eight or self-isolate upon their arrival. This now includes UN staff and volunteers vaccinated as part of the United Nations vaccine rollout.
Clinical trial participants
From the end of October, we will also recognise as fully vaccinated people participating in covid-19 vaccine clinical trials from countries and territories including Japan, Canada, Australia and the EU, provided they can supply adequate proof of their participation. This is in recognition of their vital work in helping to tackle the virus and builds on the agreements made at the meetings with G7 counterparts that I chaired in May and September this year.
Acceptance of UK Pre-departure Test Certification via the EU Digital Covid Certificate (DCC)
As of 4 am on Monday 11 October, non-vaccinated passengers arriving into England are allowed to present proof of a negative pre-departure test via the EU Digital Covid Certificate, in either paper or digital formats.
Changes to FCDO travel advice
The Foreign, Commonwealth and Development Office (FCDO) has lifted its advice against all but essential travel for over 80 countries and territories. The change means people will be able to travel to a larger number of destinations with greater ease.
The FCDO will no longer advise against travel to non-red list countries on covid-19 grounds, except in exceptional circumstances such as if the local healthcare system is overwhelmed. Many travel insurance companies use FCDO travel advice as a reference point in their policies, typically excluding cover for places where Government advise against essential travel. However, people will now be able to purchase travel insurance for a wider range of destinations across the globe.
The FCDO will continue to advise against all but essential travel for all red list countries and territories, where the risk to British travellers is “unacceptably high”.
While public health is a devolved matter, the Government work closely with the devolved Administrations on any changes to international travel and aim to ensure a whole-UK approach.