My Lords, I thank the Minister for explaining the purposes and objectives of these regulations dealing with the components necessary for the installation of cableways. They seek to establish parallel processes to those in the EU in the event of a no-deal Brexit. Ensuring the safety of cableways is obviously critically important, and we support the instrument’s purpose.
The instrument allows for the Health and Safety Executive and the Health and Safety Executive Northern Ireland to take over the role of enforcement body. As I understand it, the UK Accreditation Service will then ensure that an assessment is made by an approved body so that the components for installation meet the required standard. As the Minister said, the setting of standards in the event of no deal will now sit with the Secretary of State as a new extended power.
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I have one or two points that I would like to raise. As the noble Lord, Lord Teverson pointed out, the Explanatory Memorandum refers to the distinction between cableways that entered into service after 1 January 1986 and those that entered into service prior
to 1 January 1986, with those entering into service before it classed as historic cultural or heritage installations. What legislation covers these and how does it vary from the 2018 regulations and the directly applicable EU regulation? Indeed, why are the regulations that apply apparently determined only by a cut-off date of 1 January 1986? In other words, is there any great difference in the assessment or the standard that is expected between a cableway that entered into service before 1 January 1986 and one that came into service after that date?
Secondly, the Explanatory Memorandum—and, indeed, the Minister—made reference to conformity assessment bodies, which currently, as the name implies, undertake assessment work. Since I am not clear in my own mind, can she tell us how these bodies are made up? Could she give examples of these bodies, and are there any based in the United Kingdom or are they all based in Europe? I really am not very clear on that point and would be grateful if she could explain that in a bit of further detail, at least for my benefit.
As the Minister has said, the statutory instrument also provides for a regime in the future of approved bodies. It refers to a UK regime being set up to replace the present arrangements. I appreciate that she said that the Government do not intend to go down this road at the moment, but when is it actually envisaged that a UK regime might be introduced? What is the expected cost? Is it intended that it will be self-financing through the fees it charges or will it be expected to make a surplus? Will the fees be higher, lower or the same as now? How long will it actually take physically to set up a UK regime which, presumably, in the event of no deal, will happen at some stage in the future?
The Explanatory Memorandum also makes reference to the current European CE marking procedure. It also states that, in the event of no deal, the CE certification marker will transfer, at least at some stage, to the UK to be replaced by a UK marker. Do the Government then expect the EU to recognise this UK marker? The statutory instrument also states that there will be no divergence from EU standards for the industry to start with. Do the Government expect standards to diverge later on and, if so, why? If not, in some cases at least, how will the UK legislation keep pace with any changes in EU legislation?
As the documentation that we have received indicates, Transport for London and the Scottish snow sports sector have raised concerns about fee-setting and, in the case of the Scottish snow sports sector, current fees. I appreciate that the Government’s answer is that this instrument does not actually deal with or affect the issue of fees, but nevertheless it is referred to in the documentation and the Explanatory Memorandum. What comfort, therefore, can the Government provide on this point about the level of fees now and in the future?
Finally, why are we dealing with this SI only now? We could actually have left the EU with no deal at the end of March, yet we are dealing with this issue only at this stage at the end of September. Is this due to a government oversight, and it should have been dealt with before the end of March? Are there any further
Department for Transport SIs relating to a no-deal situation still to be approved by Parliament, apart from the one that follows this?