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Transport for London (Supplemental Toll Provisions) Bill [HL]

My Lords, I beg to move that this Bill be now read a second time. I declare my remote interest in TfL. As a former London Transport employee, I am in receipt of a TfL pension and associated non-cash benefits. This is a private Bill promoted by Transport for London. It was deposited on 27 November 2006 and ordered to commence in this House. It was subsequently introduced and read a first time on 22 January 2007. The petitioning period expired on 6 February, and I can confirm that no petitions were deposited against it in this House. I am pleased to introduce the Bill to your Lordships’ House for a Second Reading. The purpose of the Bill is not to provide new powers for TfL to impose tolls on roads but to enable it to make additional provision for the collection and enforcement of tolls pursuant to toll orders made under the New Roads and Street Works Act 1991. At present, TfL is able to seek authority to charge tolls under a toll order but, although the existing legislation allows for the collection and enforcement of tolls, it does not provide TfL with the most efficient and effective means of doing so. The Bill enables TfL to make provision by order for the collection and enforcement of tolls where it has already been authorised to charge tolls under a toll order made under the New Roads and Street Works Act. TfL, like any other highway authority, may seek authorisation to charge tolls by making a toll order under the New Roads and Street Works Act 1991. Such a toll order is subject to confirmation by the Secretary of State. Before the Secretary of State can confirm the order, public notice of it must be given, and persons have the right to object. If the Secretary of State receives an objection from any person he will cause a local inquiry to be held unless, in the circumstances, he is satisfied that it is unnecessary. Where a local inquiry is not held, the Secretary of State must take into account any such objections when deciding whether or not to confirm the toll order. Those procedural safeguards ensure that interested persons have the opportunity to make representations about the proposed charging of tolls and that their views are properly taken into account by the Secretary of State in determining whether the toll order should come into effect. The powers in the Bill could be used for any project where TfL has made a toll order under the New Roads and Street Works Act and that toll order has been confirmed by the Secretary of State. However, at present TfL has applied for the confirmation of only one toll order. That toll order relates to the construction of a new bridge, known as Thames Gateway Bridge, which would connect Beckton and Thamesmead. TfL has made a toll order to authorise the charging of tolls over the new bridge to finance its construction. An application has been made by TfL to the Secretary of State for the confirmation of the toll order, together with related applications for planning permission and the other orders needed to authorise the construction of the bridge. Those applications have been the subject of a public local inquiry in Charlton, which was concluded on 3 May 2006, and the Secretary of State's decision on those applications, including the confirmation of the toll order, is awaited. The Bill seeks to enable TfL to make the current system of collecting and enforcing tolls under TfL toll orders more effective and efficient. The central London congestion charging scheme is an example of an effective and efficient charging system that allows vehicles to enter the congestion charging zone seamlessly without the driver being required to stop at a booth or barrier to pay the charge. Similarly, if the Thames Gateway Bridge is given the go ahead by the Secretary of State for Transport, it is envisaged that its tolling system will be barrierless, with vehicles passing seamlessly from one side to the other. The central London congestion charging scheme provides motorists with modern and efficient mechanisms for payment of the charge, including via the internet, the telephone and SMS text messaging. In addition, that system enables TfL to enforce payment by imposing penalties where the congestion charge has not been paid. TfL may issue a penalty charge notice to the owner of a vehicle who has failed to pay; the charge varies depending on whether it is paid early or late. Enforcement measures can be taken by TfL if the owner of the vehicle continues to refuse to pay. Provision is, of course, made for representations, adjudication and appeals in respect of the enforcement measures. In the collection and enforcement of tolls under toll orders made under the New Roads and Street Works Act, the Bill would provide TfL with similar powers to those in operation for the central London congestion charging scheme. The Bill does not, I stress, give TfL any new powers to toll motorists; it simply enables TfL to provide, by order, for more efficient, effective and simplified means by which tolls can be collected and, where necessary, by which appropriate enforcement action can be taken. The provision of a more efficient means of collection and enforcement of such tolls can only be of benefit to the public purse. I do not intend to describe the Bill clause by clause, but your Lordships may wish to be made aware of certain important features. The detailed provisions for the collection and enforcement of tolls under a TfL toll order are not set out in the Bill. Such provisions, which would be too lengthy and detailed to be appropriate for primary legislation, will be set out in an order, to be known as a supplemental toll provisions order, made by TfL. Your Lordships will wish to know that the Bill provides appropriate safeguards to ensure that the power to make a supplemental toll provisions order is exercised reasonably. Clauses 5 and 8 provide those safeguards. Clause 5 provides that a supplemental toll provisions order made by TfL will not take effect unless it is confirmed by the Greater London Authority. The Greater London Authority may require TfL to consult other persons, to publish notice of the proposals and to consider any objections. It may also consult third parties. Before confirming an order, the Greater London Authority is required by Clause 8 to give notice to the Secretary of State. The Secretary of State is then given an opportunity to scrutinise the order and has the power to object to any provision that confers a power on TfL or creates an offence unless the provision is substantially the same as one already in force for the purposes of a TfL road-user charging scheme; for example, the central London congestion charging scheme. A provision of an order to which the Secretary of State has objected cannot come into force unless and until the objection has been withdrawn. This will ensure that any new provision to be included in a supplemental toll provisions order is reasonable and consistent with government policy. I am aware that the noble Lord, Lord Lucas, will raise issues regarding penalty charges and enforcement powers, some of which have more general application than this Bill. I am grateful to him for having taken the time to meet me and representatives of TfL to discuss those issues. TfL has sent him a detailed response that I hope will satisfy his concerns about the Bill or at least go a long way towards doing so. I look forward to hearing from him in this debate and can assure him that, if he has remaining concerns, TfL will be happy to discuss them with him further. This useful Bill will facilitate the collection of tolls for financing valuable new infrastructure projects for London. I commend it to the House. Moved, That the Bill be now read a second time.—(Lord Tunnicliffe.)