Local Transport Bill [HL]

My Lords, this is a specialist issue for your Lordships’ House; the noble Earl, Lord Attlee, probably knows more about it than most of us. My colleague, the noble Baroness, Lady Crawley, dealt with this issue earlier. I will run through some of the arguments deployed then, and try to answer the noble Lord’s question. As was explained, the London low-emission zone is the responsibility of the Mayor. As such, it is being taken forward by Transport for London on his behalf. The aim of the scheme, which the noble Earl agrees is laudable, is to improve air quality for those living in, working in and visiting London. It will help London and the UK to move closer to achieving national and EU air quality targets by deterring the most individually polluting vehicles from driving into the low-emission zone. The Government support that overall objective. The exemptions requested by this amendment would potentially erode the benefits that the low-emission zone seeks to achieve. The noble Lord himself admitted that some of these vehicles emit more than others because of their age. It is for that reason that the proposal has these restrictions on it, and that is why there is a limited range of exemptions. When the zone goes live on 4 February this year, heavier diesel-engine lorries will be required to comply with a Euro III emissions standard for particulate matter if they are to drive within the LEZ without charge. Buses and coaches are required to comply with the standard from July 2008. The Government believe that the detailed design of local road-charging schemes is best decided at local level, and London authorities already have the power to exempt from charging schemes those vehicles that they deem appropriate. TfL carried out two periods of public consultation on the LEZ. The first public and stakeholder consultation was on the principle, and was carried out from 30 January to 24 April 2006. Almost 9,000 representations were received. The second period of public and stakeholder consultation was carried out between 13 November 2006 and 2 February 2007 on the more detailed proposals for the London LEZ, as set out in the scheme order. In total, roughly 8,000 representations were received. The issue about the vehicles that the noble Lord referred to was raised during that consultation, perhaps even by the noble Lord himself. TfL published a response to the consultation, and detailed answers to these points can be found in theme E and theme K of chapter 6 of that document on TfL’s website. Transport for London tell us that, broadly speaking, exemptions were not considered appropriate because there are no technical reasons why these vehicles cannot be modified to comply with the scheme, and because these vehicles have similar emission characteristics to the HGVs and LGVs from which they are derived. As with all charging schemes, we believe that TfL will keep the scheme under review, as it is obliged to, really, and make any appropriate amendments to scheme design if and when they are required. The noble Earl taxes me with a precise question and I will give him an answer. He asks whether the Secretary of State can exempt a group of vehicles from the London low-emission zone. The answer, simply, is yes. Schedule 23(11) of the Greater London Authority Act 1999, which is about road-user charging, says: "““The Secretary of State may by regulations make provision for or in connection with—""exemptions from charge,""(b) the application of a reduced rate of charge, or""(c) the imposition of limits on the charges payable,""in the case of any prescribed class of motor vehicles or any prescribed description of disabled or other persons””." Schedule 24(1)(3) states that: "““a class of motor vehicles is a reference to a class defined or described by reference to any characteristics of the motor vehicles or to any other circumstances whatsoever””." In Section 420 of the same Act the power to make regulations includes a power to make different provision for different cases. That probably provides the noble Earl with an answer. I hope it provides him with an assurance that the Secretary of State has all the relevant powers needed in the Greater London Authority Act to exempt a group of vehicles from any road-pricing charge in London. Of course it is then open to make a decision about whether to carry through that exemption. Obviously it needs to be carefully borne in mind what any exemption might do to undermine the effect of the LEZ. As the noble Earl said, we all share that common concern to improve air quality, and the LEZ is a very important way of achieving it. The noble Earl makes his particular case for his particular type of vehicle. To a degree it is a bit of special pleading, but it is understandable and it represents a wider interest. I am grateful for his raising the issue in the way that he has. We cannot support this amendment because we support the overall thrust of the London low-emission zone policy.