HL Deb 10 May 1985 vol 463 cc858-63

11.17 a.m.

Lord Lyell

My Lords, I beg to move that the Road Traffic (Type Approval) (Northern Ireland) Order 1985, which was laid before the House on 18th February, be approved.

The order seeks to establish national type approval arrangements for motor vehicles in Northern Ireland by extending the powers of the Department of the Environment for Northern Ireland under the Road Traffic (Northern Ireland) Order 1981. The system envisaged is similar to that operated in Great Britain since 1978 under powers in the Road Traffic Act 1972, as amended by the Road Traffic Act 1974.

Type approval is the process whereby a vehicle or a vehicle part, is submitted—usually by the manufacturer—for testing against objective standards of design, construction and environmental protection. Once that vehicle, or vehicle part, has been approved by the appropriate approving authority as meeting the standard or standards in question, individual vehicle or parts produced in conformity with the approved type can be certified by the manufacturer as meeting the standard without further testing. I shall set out at the beginning the distinction between the national type approval scheme for Northern Ireland, which would be made possible under this order and type approval to international standards.

Type approval to international standards relates to specific components, such as mirrors or lights, or to vehicle systems, such as entire brake systems or exhaust emissions, and are already available to manufacturers. These international standards are contained in EEC directives or regulations issued under the auspices of the Economic Commission for Europe, a United Nations body. Manufacturers can, and do, apply for these approvals for two main purposes: to help them export to markets where the standards are required, or to show compliance with a specific domestic requirement—for example, specific requirements in the Construction and Use Regulations. In the case of international, as opposed to national, type approval, manufacturers can apply to approval authorities in various European countries, including Great Britain. It is not possible, however, for a manufacturer to obtain international type approval for a "whole vehicle", but only for specific vehicle components or systems.

On the other hand, while national type approval can also be given for specific vehicle components or systems which meet certain standards, the main feature of the scheme is to impose on the manufacturers and importers of vehicles a compulsory obligation to ensure that the whole vehicle meets all the type approval standards before it can first be licensed for use on the roads. This order would therefore enable regulations to be made listing the standards with which "whole vehicles" must comply before they can be first licensed in Northern Ireland. The intention would be, initially, to make regulations applying to passenger cars and certain dual-purpose vehicles. In their scope, these regulations would be precisely the same as those applied in Great Britain, and, for that matter, would cover all the major construction requirements in the Construction and Use and Lighting Regulations.

Manufacturers and importers of vehicles should already be meeting these standards under the Construction and Use and Lighting Regulations in any case. But the introduction of national type approval arrangements serves to check that vehicles are in fact being built to prescribed standards, and places the responsibility for ensuring that that is so on the manufactuerer or importer. These arrangements would therefore assure purchasers that their new vehicles comply with the prescribed requirements before they are licensed.

The intention to introduce type approval arrangements has been brought about by an increase in the importation into Northern Ireland of vehicles originally constructed to meet the standards required in other countries; for example, in the Republic of Ireland or in European countries. In some cases, these vehicles have been found not to comply with the requirements of the Construction and Use Regulations. Thus, it is possible at present for a motorist to purchase a new vehicle which could be the object of a prosecution for non-compliance with these regulations. The introduction of type approval requirements would overcome this problem by requiring a need to demonstrate at the first application for licensing that the vehicle had been type approved for use in Northern Ireland. So long as a vehicle is type approved, this evidence would not be difficult to provide. Experience with these arrangements in Great Britain has shown that where a vehicle is supplied by a franchised dealer, which accounts for the great majority of new car purchases, the manufacturer or accredited importer would supply, as a matter of course, the appropriate information to confirm that it has been type approved. In other cases, the importer would be required to obtain a certificate from the vehicle manufacturer or his accredited representative.

Since most new vehicles will continue to come into Northern Ireland from Great Britain, and since it is proposed to apply exactly the same requirements as those in Great Britain, arrangement would be made to accept type approval issued in Great Britain as applying in Northern Ireland, and vice versa. In practice, since vehicle manufacture in Northern Ireland is negligible, most, if not all, applications for national type approval would be dealt with in Great Britain by the Department of Transport, which has facilities for testing and inspection and the issue of approval certificates. However, against the possibility that an application for approval would be made in Northern Ireland, arrangements would be made with the Department of Transport to act as agents for testing and inspection. This would mean that there would be no need to provide separate testing and inspection facilities in Northern Ireland.

I mentioned earlier that some imported vehicles had been found not to comply with requirements of the Construction and Use Regulations. It is the importation of vehicles which fall into this category which is most likely to be affected by the introduction of type approval. However, I would want to make it clear that the legislation will not be retrospective. Regulations would be needed under this order to introduce the type approval arrangements, and they would apply to vehicles manufactured on or after, and first used on or after, dates in the future which have still to be determined. This would give dealers time to clear their stocks of vehicles which have not been type approved.

I would also stress that the introduction of national type approval arrangements would not exclude imports by what are known as "parallel importers"; that is, imports made by people, whether individuals, dealers or agents, other than franchised dealers. As noble Lords may know, the Department of Transport and the Society of Motor Manufacturers and Traders have agreed a code of practice under which a parallel importer can apply to a manufacturer or his accredited representative in Great Britain for the type approval certification needed to enable the imported vehicle to be first licensed in Great Britain. Under the code, that certification will be issued provided the vehicle was built in conformity with an approved type, or can be converted so as to comply. It is proposed that steps would be taken to extend these arrangements to vehicles imported into Northern Ireland.

I should mention also that the introduction of national type approval will not prevent an individual from initially licensing a vehicle in Northern Ireland which he had purchased and used abroad and then personally imported into Northern Ireland. In such circumstances, he will not be required to produce certification that the vehicle conforms with the approved type. For the moment, there are no plans to introduce national type approval arrangements for vehicles other than passenger cars and dual-purpose vehicles. The type approval arrangements proposed in this order would, however, enable national type approval schemes to be introduced in Northern Ireland under powers similar to those which already operate in Great Britain. The introduction of national type approval will enhance vehicle safety and will also offer improved consumer protection. My Lords, I beg to move.

Moved, That the draft order laid before the House on 18th February be approved.—(Lord Lyell.)

11.28 a.m.

Lord Prys-Davies

My Lords, again we are grateful to the Minister for having explained the provision of the draft order. This goes back to 1982, when there was a great influx of foreign vehicles into Northern Ireland through the Republic. They were not required to comply with the type approval requirements that were in force in Great Britain. Indeed, they were not required to comply with any type approval regulations. That seems quite surprising. It is very difficult to see why there should be varying standards of design, construction and equipment for vehicles in the United Kingdom. In 1982, given the influx of foreign vehicles to the Province, Members of Parliament voiced their grave anxieties, urging that cars imported into Northern Ireland should not escape the reach of the type approval regulations. The department promised that there would be reform to meet the criticism.

That was in 1982. Here we are, in 1985, and we have before us the draft Road Traffic (Type Approval) (Northern Ireland) Order 1985. I understand that its provisions are identical to the regulations operating in Great Britain except that possibly they do not apply to trailers. Why they should not apply to trailers, I am not quite sure; but the draft order has been warmly approved by the RAC, the AA, the Motor Agents' Association and the Royal Society for the Prevention of Accidents. Everyone has been happy with the draft order except the Car Importers' Association, which sees the order as a grave threat. Indeed, its members have a vested interest in this field and they have canvassed forcefully with a range of arguments against the order. However, I am glad the arguments have been resisted by the department; and the draft order should be a positive contribution to road safety. I have noted that the Royal Society for the Prevention of Accidents could not come up with a single amendment that would improve the order. By that test, we gladly approve and support the order.

Lord Boyd-Carpenter

My Lords, before my noble friend replies and if there is no intervention from the Liberal Benches, I wonder whether he could clear up one point that puzzles me a little. In view of the subject matter of the order, my noble friend referred to the Department of Transport; but if my noble friend looks at the Explanatory Note to the order he will see that it states: The Order empowers the Department of the Environment to make regulations prescribing requirements with respect to the design, construction, equipment and marking of motor vehicles. Perhaps, as a former Minister of Transport, I am a little over-sensitive on this point; but perhaps my noble friend could clear up which department is in fact empowered by this order to make the regulations.

Lord Lyell

My Lords, I am very grateful to both noble Lords who have spoken, and indeed to the right reverend Prelate in absentia and to the noble Lord, Lord McNair, who indicated assent, a priori, to this order, and I suggest perhaps to one other. I am very grateful to the noble Lord, Lord Prys-Davies, for the careful attention he has extended to this matter. He raised a point in regard to trailers, and perhaps I might deal with one point that he covered but was kind enough not to press too much. Our decision, as he said, was taken in 1982 to introduce this national type approval. It has taken some time to bring it before your Lordships and before the other place; but I am sure that the noble Lord and the House will appreciate that preparing legislation for presentation to Parliament has in this case, I am afraid, been rather protracted in dealing with the drafting and consultation. Matters of this kind are, as a matter of course, referred to the Northern Ireland Assembly, and the Assembly itself, after consultations, held a debate on the draft order in October 1984. We needed to continue discussions after the normal consultation period to try to reconcile—I am afraid, not entirely satisfactorily—the varying conflicting interests concerned with this subject.

On the question of trailers, I am advised that national type approval does not yet extend to trailers. I am sure that is what the noble Lord is referring to, although I thought I heard him in the first instance referring to "traders". However, my noble colleagues and the winged messengers heard him correctly as referring to trailers in Great Britain. In Great Britain, type approval applies to cars and goods vehicles only so far. I understand that trailers are not yet covered, but that matter will probably come up later on.

I was grateful to my noble friend for having once again drawn attention to a matter in the draft order. I hope that I can advise my noble friend that the Department of Transport are responsible for all matters in Great Britain, but the Department of the Environment in Northern Ireland are responsible for Northern Ireland transport matters. I hope what I have said covers the point raised by my noble friend; but if he has a further query I shall try to help him.

Lord Boyd-Carpenter

My Lords, as my noble friend is kind enough to invite me to speak again, perhaps I may be permitted to say that the Explanatory Note seems to state generally that the Department of the Environment—not restricted to Northern Ireland, but the Department of the Environment, which is a United Kingdom department—will make the regulations. As my noble friend himself referred throughout to the Department of Transport, I think, it does at least raise the question whether, as my noble friend obviously cannot be wrong, the Explanatory Note perhaps is.

Lord Renton

My Lords, before my noble friend replies to that point, I wonder whether I might be allowed to make a point which arises, which is that regulations are normally made by Ministers and, if necessary, presented to and defended in Parliament by Ministers; and although it is not without precedent for an Order in Council to say that a department shall have power, we really mean the Secretary of State in this case. I would suggest that on future occasions we should be quite clear about this and engage the Secretary of State's responsibility, or that of whichever Minister should be responsible.

Lord Boyd-Carpenter

Hear, hear!

Lord Lyell

My Lords, I am very grateful to my noble friend. I shall take careful note of what he says, and on some future occasion when we are discussing some analogous matter, I might be able to assist my noble friend. The winged messengers have informed me that the regulations would be made by the Department of the Environment in Northern Ireland. However, I understand that covers only part of what my noble friend was asking and I think it will also relate to what my noble friend Lord Boyd-Carpenter said. The regulations would be made by the Department of the Environment in Northern Ireland but the testing would be done by the Department of Transport on an agency basis. I hope that will further help my noble friend Lord Boyd-Carpenter. I certainly take on board what my noble friend Lord Renton has said, and I hope that we shall see something clearer emerge if called for in further legislation.

On Question, Motion agreed to.