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Richard Holden – 2022 Speech on the Expansion of the Ultra Low Emission Zone

The speech made by Richard Holden, the Parliamentary Under-Secretary of State for Transport, in Westminster Hall, the House of Commons, on 20 December 2022.

It is a pleasure to serve under your chairmanship, Mr Hosie. I congratulate my hon. Friend the Member for Dartford (Gareth Johnson) on securing the debate. On ultra low emissions, we heard quite a few emissions from the hon. Member for Wythenshawe and Sale East (Mike Kane), but I am not sure that any of them were really relevant to the broader debate. He seemed to praise the Mayor of Greater Manchester for what he is up to. The Mayor stopped his ULEZ. I not sure that the Leader of the Opposition and the hon. Member for Wythenshawe and Sale East are on the same page regarding the Mayor of Greater Manchester, given the Leader of the Opposition’s recent jokes at the Mayor’s expense.

The need to tackle air pollution is something on which I hope that Members on both sides of the House—and indeed the Government and the Mayor of London—agree, to answer the question from the hon. Member for Putney (Fleur Anderson). Air pollution is a big environmental risk to human health, and the Government are determined to tackle it. As my hon. Friend the Member for Old Bexley and Sidcup (Mr French) said, that is why we have invested more than £800 million to tackle air pollution in 64 local council areas. Much more can be done, although we can be proud that air pollution has reduced significantly since 2010, with emissions of particulate matter down by 18% and nitrogen oxides down by 44%, to their lowest level since records began.

As my hon. Friend the Member for Orpington (Gareth Bacon) made very clear in a tour de force speech, ULEZ will have only a minor or negligible impact, as the Jacobs report has said. My hon. Friend the Member for Runnymede and Weybridge (Dr Spencer) put forward various sensible solutions. My hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) also reflected some of the issues, particularly around accessibility of public transport. As my hon. Friend the Member for Dartford said, the expansion to the London boundary was not in the Mayor’s manifesto—a point reflected by my hon. Friends the Members for Sutton and Cheam (Paul Scully), for Orpington, and for Watford (Dean Russell). It was against the Mayor’s manifesto and against his own consultation. Those are not political points, as some Opposition Members would like to suggest; they are facts, eloquently put forward by hon. Members.

David Simmonds

I commend the Minister on the work that he has been doing on buses. Does he agree that the fact that the Labour group in Hillingdon Council supports the Conservatives’ campaign against ULEZ is evidence that this is not a matter of party politics but one of people putting their constituents and residents first?

Mr Holden

I thank my hon. Friend for that point. It was interesting to hear from the hon. Member for Feltham and Heston (Seema Malhotra), who is not in the Chamber at the moment. She seemed to be on a slightly different page from some of the other Labour Whips’ remarks from the other hon. Members present.

Many hon. Members have spoken clearly and eloquently about the anger that their constituents feel about what is going on. I hope that the Mayor, the Labour party in London, the Lib Dems and the Greens hear that too. The Mayor of London, however, needs no agreement from the Government to pursue his proposed expansion of ULEZ. He is doing so using powers granted to him under section 295 and schedule 23 of the Greater London Authority Act 1999 to implement any road schemes that charge users within greater London. He has previously used those powers to introduce the congestion charge, the low emission zone, and the current ultra low emission zone. While he has notified my Department of his intention, he is not obliged to consult us. As hon. Members will also be aware, the Department for Transport will not provide any of the £250 million that the scheme needs in order to be set up.

I thank my hon. Friends the Members for Sevenoaks (Laura Trott), for Mid Sussex (Mims Davies) and for Bromley and Chislehurst (Sir Robert Neill), my right hon. Friends the Members for Bexleyheath and Crayford (Sir David Evennett) and for Epsom and Ewell (Chris Grayling), and other hon. Members from across the south-east of England who have also made representations to me on this matter, and who met with me recently. Sadly, the Government do not have the power to veto the Mayor’s decision. There has been some suggestion that the Secretary of State has powers under section 143 of the GLA Act to block the measure.

Geraint Davies

The Minister will know that it is the 10-year anniversary of the death of Ella Kissi-Debrah, who was the first person to have air pollution listed as the cause of death on her death certificate. Will he support the Clean Air (Human Rights) Bill that went through the Lords completely, with the support of Conservatives, and its ambition to introduce World Health Organisation air quality standards, ideally by 2030?

Mr Holden

As I have said to the hon. Gentleman, we have already made substantial progress in that area. On the specifics of any legislation, I will write to him.

I have been advised by my officials in the strongest terms that section 143 of the GLA Act is focused on correcting inconsistencies between national policy and the Mayor’s transport strategy. It is not intended to be used to block specific measures that the Mayor would like to introduce under the devolution settlement.

Hon. Members raised two specific issues about councils and their land and about council consent and the environment. I will write to Members on those issues, as well as the other issues that they raised with me recently. In fact, I will write to Members across the House in the coming days.

I understand the concerns of hon. Members. Estimates show that approximately 160,000 cars and 42,000 vans that use London’s roads would be liable for the £12.50 ULEZ charge on an average day—approximately 8% of cars and 18% of journeys. But it is not just about the charge of around £1 million a day, as hon. Members have said. It is also about the fines, as my hon. Friend the Member for Dartford said.

In spite of the hundreds of millions of pounds that it is proposed will be raised annually, the Mayor has announced a new £110 million pound scrappage scheme to help certain Londoners prepare for expansion. The scheme will launch at the end of next month, but it will be open only to certain residents and to Londoners, not those from outside London who are affected and travel in every day, including 50% of people who work in blue light services. They will not be touched by that scheme at all. Moreover, it will only be for those on specific benefits, including universal credit. There will be no help at all for the majority of Londoners affected, with many small and medium-sized businesses, as my hon. Friend the Member for Sutton and Cheam said, left to bear that heavy burden alone.

As the hon. Member for Putney quoted from the FSB report, I will cite it as well. For businesses that do not currently comply with the zone, 25% said that they will immediately pass any increase on to customers directly, creating further inflationary pressure, and 18% of firms—almost one in five—said that they would close their business. That is from a Federation of Small Businesses press release today.

Fleur Anderson

The Federation of Small Businesses has asked the Government to deal with this by topping up the scrappage scheme. Will the Minister consider topping up the scrappage scheme to help more people, as he has outlined?

Mr Holden

It is interesting that the Labour party would like the Government to fund that out of general taxation. I suggest that the Mayor of London should look at that. If it is his policy, he should seek to fund it.

Mike Kane

No leadership!

Mr Holden

There is certainly no leadership from the Mayor of London, as we can see from all the hon. Members here, and there is certainly no leadership from the Lib Dems, who were too scared to turn up to this debate. I think the hon. Gentleman and I can agree on that.

My hon. Friend the Member for Carshalton and Wallington made a really important point about grace periods, because the exemptions are very limited. Points were also made by the hon. Members for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) and for Feltham and Heston (Seema Malhotra), and by my hon. Friend the Member for Watford (Dean Russell), who spoke passionately about charities. Grace periods will be extended for disabled and disabled passenger vehicles as well as wheelchair-accessible private hire vehicles. Those categories will be exempt only until October 2027. Minibuses used for community transport, the charities my hon. Friend spoke about, will be exempt only until October 2025. Some of those charities are in outer London and many work across the south-east—they will not even be able to apply for the scrappage scheme.

In addition, NHS patients may be eligible to claim back under the Mayor’s plans, but only if they are clinically assessed as too ill to travel to an appointment on public transport. It is not about whether the transport is available, but about whether they are too ill to travel on it. My hon. Friend the Member for Ruislip, Northwood and Pinner made the really good point that it is not available at all in many parts of outer London. As he said, the choice just is not there for many of his constituents, and it is not there for many other Members’ constituents, either.

Currently, emergency vehicles are exempt from ULEZ and LEZ charges. However, the sunset period lasts only until October 2023, which is months away. Has an assessment been made of the impact on London services, including the ambulance service, the Metropolitan Police Service and the fire service? It will be interesting to see that, if there is one. There will also be an impact on the council tax bills of Londoners.

Several Members, including my hon. Friend the Member for Dartford, asked questions about the Mayor’s authority. Specifically, they are concerned that the Mayor may apply ULEZ charges to motor vehicles that are current under the scheme today, such as compliant petrol, diesel and hybrid vehicles.

Geraint Davies

Will the Minister give way?

Mr Holden

I am sorry, but I will make further progress.

I reassure Members that if that were to occur, the Government would explore what more could be done and consider whether the Mayor was using his authority properly and fairly, without detriment to even more people. It is clear that the Mayor is prepared to go well beyond any pledges or manifesto he was elected on in order to pursue his own objectives.

The hon. Member for Wythenshawe and Sale East made an interesting point about there being no Government support for TfL or transport. He needs to look at the amount of support that the Government provide to the Labour Mayor of London. We understand that the pressure on Transport for London has been huge. Before covid, 70% of TfL’s revenue came from passenger fares, but passenger journeys reduced by as much as 95%. Fare income has recovered, but it is still less than nine tenths of what it was previously.

The TfL long-term funding settlement of 30 August provided TfL with £1.2 billion until the end of March 2024. That takes total Government funding of TfL to more than £6 billion since the beginning of the pandemic, or £650 for every Londoner. What has the Mayor done with the money? The £1.2 billion matches the Mayor’s own pre-pandemic spending. It will ensure that London’s transport network remains protected against potential lost revenue and the uncertainty of post-pandemic demand. Furthermore, it will enable the delivery of a number of projects set to revolutionise travel across London, including supporting £3.6 billion-worth of critical infrastructure projects, which will benefit not just London but the wider economy.

The Government have supported and helped passengers to benefit from major upgrades to our world-class transport network, including the Elizabeth line, which opened recently. The settlement also requires the Mayor and TfL to control their operating costs and to continue to progress initiatives to modernise, reform and become more efficient. We have been clear that the Mayor needs to put TfL on to a financially sustainable footing. In no way, however, does that require ULEZ expansion. That is clear. Taxpayers across the UK have had to support TfL continually. It is imperative that they get a fair deal.

The purpose of devolution is that decisions are taken by elected local politicians, not in this House or in Whitehall. Labour, the Lib Dems and the Greens need to know that political decisions have political consequences, and that there are political solutions to them. Were I the Mayor of London, I would not be going down the path he has chosen—but I am not. If Londoners do not like the decisions that he has taken, they will have the opportunity to have their say in 2024. In their local elections, I am sure that hon. Members will make it clear about the Mayor of London’s policies.

I thank my hon. Friend the Member for Dartmouth for bringing this matter to the attention of the Government. I thank hon. Members from all across the south-east for their ongoing work, and I will continue to use my role in Government to work with them. As I said, in the coming days I will write to all hon. Members across London and the south-east on the important questions asked not only in the debate, but in other recent meetings and by Members who have approached me. I also assure Members that, across Government, we will continue to ensure that the Mayor of London is held accountable for his decisions in our capital city.

Gareth Johnson

Briefly, I thank all hon. Members for their contributions to what has been a productive and constructive debate. I am grateful to the Minister for his efforts in challenging this whole policy of the London Mayor. No one disputes the fact that we need clean air. In Dartford, we have very poor air. Frankly, however, that is a mask used by the Mayor of London to increase taxation. It is about raising money. It just so happens that it raises hundreds of millions of pounds for him. And it just so happens that he has a black hole in his finances and wants to bring in a broader charge, taxing every motor vehicle. This is about money and not about pollution.

I feel sick to my stomach that people who cannot vote out the Mayor of London—such as Dartfordians—cannot do a thing about this. That is not right or fair. The whole thing should be stopped, but I hear what the Minister says about his inability to do so. It is the most unfair situation that I can recall ever being put into.