(7 years, 1 month ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Air Travel Organisers' Licensing Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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I beg to move, That the Bill be now read a Second time.
It is both fitting and humbling, as you will gladly acknowledge, Mr Speaker, that I should have been chosen to introduce the first piece of legislation of this new Parliament—fitting because of my status and popularity, and humbling because it does not pay to draw attention to either of them.
Hon. Members will recognise in taking a look at the Bill, as I am sure they have, that it reflects that this Government, like others before it, recognise the value of providing UK businesses with the best possible opportunities to grow and also ensuring that consumers are protected when and how they need to be in respect of, in this case, how and when they purchase their holidays. I am introducing the Air Travel Organisers’ Licensing Bill so that we can ensure that consumer protection for holidaymakers can keep pace with changes in the travel market.
The Bill has a long genesis in two ways. First, it builds on long established good practice. The arrangement in the Bill is born of the arrangement of a similar kind that began in the 1970s to protect the interests of travellers. Secondly, we have already debated these issues at some length. We had an earlier Bill, to which I will refer later, in which these measures were included. We gave that Bill a Second Reading and debated it in Committee in some detail. That was done in a convivial, consensual and helpful way, and I shall also refer to that later.
There is recognition across the House that the consumer protection measures in respect of holidays and holidaymakers need to keep pace with changing circumstances and conditions in the travel market. There may be those in the Chamber who, affected by the specious and pernicious appeal of liberalism—because it does appeal to some people—believe that the free market can sort all these things out for itself. That is not a view that I hold, and I know that there will be wise heads across the Chamber who recognise the efficacious role of Government in intervening where the market fails. It does not happen regularly in respect of holiday companies: anyone who looks at the history of this area of the Government’s work will recognise that it has been rare for the fund established by the air travel organisers’ licence to be called upon. None the less, it is an important fund and an important protection. It provides assurance and confidence to holidaymakers as they go about their lawful and regular business.
Order. I am sorry that I am not able to continue to enjoy the right hon. Gentleman’s oratory, but that particular pleasure is now to be enjoyed by the First Deputy Chairman of Ways and Means. I have heard the first of the right hon. Gentleman’s philosophical references and I am sure that the Chamber will hear several more in the minutes to follow. New Members are probably somewhat befuddled by this state of affairs, but I think I can tell colleagues that the right hon. Gentleman is what might be called a one-off.
Madam Deputy Speaker, let me say—as the Speaker leaves the Chamber—that I was about to move to John Ruskin, who said:
“the first test of a truly great man is his humility.”
We present this legislation in that humble spirit, recognising that this is a changing market and the Government must act to reflect that change, but recognising, too, that the market will continue to change. Any Government who believed that this was the end of the story would, I think, be disregarding the further changes that are likely to result from technology, the way people organise their affairs, the way they book their holidays, the way the internet operates, and the fact that other technology will change the way we go about our business. I therefore have no doubt that there will be a need for further provision at some point in the future, but, at this stage, the Bill is an important step in bringing the ATOL provisions up to date and up to speed.
I thank the Minister for giving way, and for saying that I played a useful role. As he knows, this legislation was part of the Vehicle Technology and Aviation Bill. What will happen to other measures that were in that Bill, particularly those relating to offences involving the use of lasers that affect pilots?
I would not want to test your patience, Madam Deputy Speaker, or indeed your largesse, by ranging widely across the provisions of the other aspects of the Vehicle Technology and Aviation Bill, but the hon. Gentleman is right to point out that, as I said earlier, these measures had their origin—their genesis—in that Bill. We will bring further measures to the House: the Queen’s Speech makes it clear, for example, that we will address the issues of autonomous and electric vehicles, which the hon. Gentleman debated, alongside the Opposition spokesman, the hon. Member for Middlesbrough (Andy McDonald), and others, in the Committee that I mentioned. Further measures will be presented, and—not wishing to test your generosity any further, Madam Deputy Speaker—I think I will leave it at that.
In this new Parliament, many of the measures that I described as essential will be introduced, and this ATOL reform is one of them. I hope that our debate today will match the convivial and consensual spirit of our discussions in the Bill Committee to which the hon. Member for Kilmarnock and Loudoun (Alan Brown) alluded. We made progress on both sides of that Committee, and I hope that it continues. I think it fair to say that those discussions demonstrated that there was really
“no difference of principle between the Government and the Opposition on this matter.”—[Official Report, Vehicle Technology and Aviation Public Bill Committee, 21 March 2017; c. 25.]
Those are not my words, but the words of the hon. Member for Birmingham, Northfield (Richard Burden), who also played a useful role in the Committee.
I very much agreed with the Minister’s earlier philosophical comments about the appropriateness of Government regulation in matters such as this. I am sure that many holidaymakers will feel more secure when the Bill has been passed, knowing that they will not be left stranded abroad with no means of getting back. May I ask whether the Minister has consulted closely with the airlines, particularly those that fly planes from London Luton airport with holiday packages?
I will come to that later, because the hon. Gentleman is right to draw attention to the role of the airlines in all this. As he will know, they are covered by other licensing arrangements, but I will address the specific points that he has made. As ever, he has made a case for his Luton constituents, and particularly for Luton airport, which I know is in his constituency.
As the Minister knows, Cardiff International airport is owned by the Welsh people via our own Government. What discussions has he had with the Welsh Government about the Bill’s impact on operators working from Cardiff?
Prior to that first Bill, we had discussions with devolved Governments about its character and content, and I think that there is agreement across the kingdom about the necessity for these measures. I always enjoy my discussions with the devolved Governments, and will continue to do so in my role as Minister of State. However, the hon. Gentleman is right to say that the Bill will affect all parts of our kingdom, not least because of the travel that takes place to and from different parts of it by air. We will certainly want to continue to receive representations from those Governments as these matters roll out.
Before I go any further, let me say something that I should have said at the outset. As you will know, Madam Deputy Speaker, there has been some debate in the Chamber in recent days about sartorial standards. I ought to say, as a matter of courtesy, that I will not be taking interventions from any Member who is not wearing a tie, on whichever side of the House that Member may sit. However, I believe in generosity as well as in courtesy, and I will provide a tie, which I have here, for anyone who is sartorially challenged or inadequate. Of course, I exclude lady Members from that; I would hardly expect them to dress in my tie, their own or anyone else’s.
Let us move to the origins of the UK holiday market. This week will see one of the UK’s, and the world’s, leading travel brands celebrate 175 years of travel. It was on 5 July 1841 that Thomas Cook arranged the first excursion. That was a one-day train journey from Leicester to a temperance meeting in Loughborough. The train carried around 500 passengers a distance of 12 miles and back for a shilling. Contrary to popular belief, I was not the Transport Minister at the time, and I certainly was not one of the passengers, but those early excursions were significant. They helped to form the foundations of the travel and tourism sector in the UK. The growth of the railways meant that, for the first time, affordable travel could be combined with leisure activities or accommodation and offered to a growing population of consumers.
Of course, today’s holidays—today’s excursions—are quite different from those first ones. Society has changed, and the promise of sun, sea and sand means holidays are more likely to be driven by temperature than temperance. I personally choose to have my holidays on the east coast of England, largely, in Broadstairs, Northumberland and most places in between, but not everyone does, and those who want to travel further afield and those who wish to use technology to make those choices will want to know that they are protected in doing so.
The advancement of technology has continued to drive the biggest challenges facing the leisure travel sector. Affordable air travel and fuel-efficient planes mean that people are able to travel further, and for longer. The growth of the internet and mobile phone technologies have revolutionised the way people book holidays, creating greater opportunities for consumers and businesses.
We debated these issues on the Committee to which the hon. Member for Kilmarnock and Loudoun referred. It was clear to us then, and I think to the whole House, that the UK has continued to lead the way. We have one of the most innovative and advanced leisure travel sectors in the world and one of the biggest markets in Europe. Overall, tourism contributes close to £121 billion to our economy annually, with outbound tourism contributing around £30 billion.
Strong consumer protection is vital to underpin confidence in that important sector. By its very nature, there are a number of risks in the holiday market which have existed ever since those first excursions. It is common for consumers to pay up front on the promise of a holiday, which may be many weeks or even months away. There can be a lack of awareness of the financial stability of holiday providers, particularly as services are often provided by third parties. In the rare event of a company failure—I mentioned at the outset that it is rare—consumers may experience a financial loss from a cancelled holiday, or significant difficulties from being stranded abroad. It was against that backdrop that the air travel organiser’s licence scheme, the ATOL scheme, was introduced in the 1970s for UK holidaymakers flying overseas.
I will not tire the House with a long, exhaustive history of the ATOL scheme. I see that that is disappointing to you, Madam Deputy Speaker, and to others, but I want to give all Members as much opportunity as possible to contribute to this important debate. Suffice it to say that the ATOL scheme protects consumers if their travel company fails. It does that in two ways.
First, travel firms that sell flight packages in the UK must hold an ATOL licence, issued by the Civil Aviation Authority. That helps to regulate entry into the market and to filter out companies that are not financially robust. Secondly, the scheme acts as a fund to compensate consumers who might be caught up in a failure. The ATOL licensed company must pay a small levy, £2.50, for each person protected by ATOL. That money is then held in the air travel trust fund and used by the CAA to ensure that consumers are returned home or refunded when a company fails.
The Minister looks delighted to give way on that specific point; I am sure he will want to say more about it. First, a correction—Luton airport is in the constituency of Luton South. My hon. Friend the Member for Luton North (Kelvin Hopkins) and I have many a competitive conversation about it. On the £2.50 levy, I understand that there is a significant surplus in the fund now. Is the Minister confident that, under the new arrangements, where airlines may look around European member states in considering the best regime into which to pay, £2.50 is competitive and the right figure to charge?
First, I apologise for ascribing Luton airport to the constituency neighbour of the hon. Gentleman, and not to him. As he will know, in a previous ministerial job, I was able to visit Luton South and to enjoy his hospitality there alongside the local authority. Luton is playing a bigger part in this debate than we may have expected; both Luton Members have contributed to it. As he will know, the fund is administered by the CAA, with trustees appointed by the Secretary of State. It builds up and is invested accordingly.
As we speak, there is about £140 million in the fund. If a major holiday company collapsed, it would be essential that there were sufficient moneys in the fund to cover that collapse. That could happen more than once in a short period; that is not inconceivable. The critical thing is that the fund is never short of money. The guarantee is that we will protect consumers and get people home safely from perhaps far-flung destinations and that they will not lose out as a result of things that they could not have anticipated or affected.
If it is helpful, I will be more than happy to provide the whole House with a further note on how the fund has changed and grown over time. I have mentioned what it is comprised of. I think it would be helpful for me to make available to the Library, and therefore to the House, more details of the kind the hon. Gentleman has asked about. It will help to inform further consideration of these matters as we move from Second Reading.
The Minister is right to say that there is cross-party support for greater protection of consumers, but he also mentioned safety. Could he take this opportunity to tell us whether Transport Ministers intend to introduce legislation to deal not just with the dangers posed by laser pens, but with the dangers posed by drones, which we have heard about again today?
The hon. Lady will know that that, too, was raised in our discussions on what was originally known as the modern transport Bill—or at least apocryphally known as such—and became the Vehicle Technology and Aviation Bill. She will also know—because of her keen interest in transport matters and her enthusiasm to take those matters further with an election, to which I will not refer more than obliquely—that we are consulting on those matters; the consultation has finished and we will bring our conclusions to the House and elsewhere very shortly. However, she is right to say—I am happy to put this on the record—that that is a matter of some concern. Existing legislation provides some protection. For example, if a drone were interfering with military aircraft or a secure site, existing legislation would cover that to some degree, but there is a case to do more, which is why we have consulted on the matter. I know that she will give the results of the consultation and our response to it her close attention, as she always does.
Let me move on; as I said, I do not want to prolong this exciting speech too much. As I said, the scheme also acts to compensate consumers who might be caught up in a failure. I have talked about the fund which is administered by the CAA to ensure that consumers are returned home, and since the 1990s the ATOL scheme has been the primary method by which the UK travel sector provides insolvency protection under the UK and Europe package travel regimes. Today the scheme protects over 20 million people each year, giving peace of mind to holidaymakers in Luton and elsewhere.
It is reported in the notes that between 1998 and 2009 the proportion of ATOL sales fell from 90% of leisure flights to just 50%. That is a substantial drop in just 11 years. Were some passengers affected by not being covered during that period?
As I said at the beginning of my remarks, the purpose of this Bill is to ensure that ATOL remains fit for purpose. The hon. Gentleman is right that the way people travel, the means by which they book their holidays, and the organisations they use to do so are changing. That is why we must look again at ATOL: not because it has not worked or because its principles are not right, but because it needs to reflect those changes. This Bill is the first step in doing so. Anticipating—although not impertinently—what the shadow Secretary of State might ask me, it is also true to say that this Bill is just that: a first step that creates a framework that will allow us to update ATOL.
Further steps will be required, which might come through regulation or further review of the appropriateness of what we are putting into place today. The hon. Gentleman raised that point when we debated these matters briefly before, and I have no doubt that he will want to press me on it again today, but there is an absolute acknowledgement that this is a rapidly moving marketplace that will require rapidity in our response.
Having also served on the Vehicle Technology and Aviation Bill Committee, I have a sense of déjà vu here. I agree with the general nature of the measures the Minister wishes to introduce, because he is right that it is a fast-moving market, but there is also some concern in the industry, which plans typically 12 to 18 months ahead, that it will need some of the detail of the secondary legislation as soon as possible, to allow it to prepare effectively for that.
My hon. Friend might have raised that point in that Committee; my memory is good but not encyclopaedic, but I do seem to recall that he has made this point previously. He is both authoritative on matters regarding transport, having served with distinction on the Select Committee, and consistent in his line of argument. His is a perfectly fair question, and it is what the Opposition and the whole House would expect, so we will provide as much information as we can about what further steps we might take in terms of regulation. There is nothing to be hidden here; there is no unnecessary contention associated with this and certainly no desire not to get this right, and the best way of getting it right is to listen and learn—as is so often the case in politics, in Government and in life.
I have talked a little about the diversification of the market and the growth of the internet and smart technologies. That is not a bad thing: consumers now have many options at their fingertips to buy holidays and put together their own packages. Indeed, an ABTA survey estimates that about 75% of UK consumers now book their holidays over the internet. As methods of selling holidays modernise, we must adapt the schemes and regulations that protect them.
“Quality is never an accident; it is always the result of intelligent effort”,
as Ruskin also said. That is why we took steps in 2012 to update the ATOL scheme; we introduced the ATOL certificate confirming the protection covered, and broadened the scope of protection to include “flight plus” holidays. These interventions have had a positive impact, extending consumer protection, levelling the playing field for businesses and improving clarity for all. The key here is that consumers know when and how they are protected: making sure the system is as comprehensible and comprehensive as possible is an important aim.
We now need to build upon the changes we made then, and make sure that ATOL keeps pace with the changing travel market. In particular, the new EU package travel directive was agreed in 2015 to bring similar, but further-reaching, improvements to consumer protection across the whole of Europe. I said earlier that the United Kingdom had led the way in this field. It is not unreasonable to say that Europe is now saying it wants similar provisions across other countries to the ones we have had here for some time. So that travel directive is both reflective of, and perhaps even, to some degree, inspired by, the success of our arrangements. This will need to be implemented into the UK package travel regulations by 1 January 2018.
The Government supported the rationale for updating the package travel directive. It will help to modernise and harmonise protection across Europe. Broadly, it will mean that the protection offered across Europe will be closer to the protection we have enjoyed from the beginning of ATOL, but most especially since the changes we put in place in 2012. It will ensure there is a consistent approach to the protection.
The Minister is giving an interesting and full explanation of the benefits of this Bill.
Will the Minister clarify that the point is that the ATOL regulations currently apply to first-leg flights out from the United Kingdom and a UK airport, but that under this Bill the intention will be that in future if a UK ATOL-regulated operator sells a package virtually anywhere in Europe, as long as they comply with the rules here, that will be covered by the ATOL scheme and the potential levy?
Yes, that is part of what we aim to do: the aim is to ensure that if a holiday is bought here, wherever the person goes they are protected in exactly the way my hon. Friend described. He is also right to say that part of the change is the way people book and make their holiday plans, and part is about how and where people travel. The package holidays people first enjoyed in the 1960s and ’70s are less routine now in that they are no longer the routine way people travel to the continent and further afield, and ATOL was of course born in that period when things were simpler—thus my point for the need for it to evolve, as it has to keep pace with these kinds of changes. That consistent protection of holidays across Europe will ensure that informal package holidays booked online will get the same protection as traditional package holidays booked on the high street—holidays of the kind that had their beginnings in the ’60s and ’70s.
For the first time, these measures will also bring protection to a new concept of “linked travel arrangements”, which I think is what my hon. Friend was referring to. This concept is designed to provide some protection to business models which are not packages, but which often compete closely with packages.
Overall, the new directive has the potential to provide a greater level of protection to UK consumers, whether they purchase from a company established in the UK or overseas. It will also help to level the playing field for companies whether they are in the UK or overseas, and whether they operate on the high street or online.
That point matters in itself. This is about protecting consumers, and about the clarity and comprehensibility that I described. It is also important for those in the travel sector and the industry to know where they stand. Creating a greater degree of consistency for them matters too, particularly for smaller businesses that really need to know, as well as to feel, that the regulations apply across the board in a consistent, fair, reasonable and implementable way.
In order to bring the new directive into force by July 2018, the four clauses simply enable the ATOL scheme to be aligned with the updated package travel regulations. The combined clauses will mean UK-established companies are able to sell holidays more easily. They will be able to protect these holidays through ATOL, and they will not need to comply with different schemes in each country. That is the essence of what we are trying to achieve today. The Bill will also extend the CAA’s information powers so that they are more able to regulate the scheme and this cross-border activity.
Finally, the Bill will allow the scheme to be able to adapt more effectively to changes in the travel market. I have said that I anticipate further change as time goes on, and the Bill paves the way for that. Overall, the updates we will make to the ATOL and package travel regulations will mean that consumer protection can extend to a broader range of holidays. This will mean that protection is provided for traditional and online package holidays, but also for looser combinations of travel, which have previously been out of scope.
Of course, we also need to be mindful that the regulatory landscape will need to be able to adapt to changes in our relationship with the European Union. The changes we are making are in keeping with this principle. They will help UK consumers, businesses and regulators to transition to the new package travel regulations in 2018 with minimal impact, but we will also retain flexibility in ATOL regulations to adapt to the changes in our relationship with the European Union, ensuring that we continue to have strong consumer protections in place as we leave the EU.
I hope that that has given a clear and reasonably concise picture of the Bill and the reasons for introducing it. As I have said, the UK has always been a leader in this field. We have led in so many ways and so many areas, and when it comes to providing protection for holiday makers, the Bill will ensure that the UK continues to lead, whether we are inside or outside the EU. It will provide UK businesses with the opportunity to expand and grow, and it will provide a framework to ensure that ATOL remains flexible enough to cope with future trends. The Bill is indicative of a Government who are willing to act to protect and preserve the people’s interests, and I stand here as a Minister ready to do that. It is a Bill for the people from a Government of the people.
It was all going so well until that last comment! The Minister has it right, however, when he says that the Bill is to be welcomed. The events of failure are rare, but it is imperative that this market and the response to it should develop so that people who experience those failures have recourse to a remedy. He will find a great deal of support on this side of the House for what he has said and for the Bill. I thank him for his summary and his account. He is right to say that matters in the related Bill were conducted with a great deal of conviviality, courtesy and humility, and he is to be credited with ensuring that that was so.
As the Minister said, it is with a sense of déjà vu that we are debating these changes to the air travel organisers’ licensing system. It has been only four months since these self-same clauses received their Second Reading when they made up part of the Vehicle Technology and Aviation Bill—or VTAB, as we liked to call it. It ought to be an Act by now—VTAA—but sadly we must still refer to it as VTAB. The Prime Minister’s decision to call an early election meant that VTAB, along with a whole host of other legislation, had to be dropped.
Given that we had wasted a great deal of parliamentary time and effort, it was quite a surprise to see that there was no reference to VTAB in the Queen’s Speech. Instead, the Government have decided to fragment the legislation, splitting it between the Bill we are debating today and the automated and electric vehicles Bill that will be introduced later in the Parliament. It is interesting to note that 50% of the legislative programme relating to transport for the next two years of this Parliament will merely be clauses that have been copied and pasted from VTAB, a Bill that should have already been passed into law. This surely highlights how this minority Government are out of ideas and have very little new to offer the country as they focus their attention on a desperate attempt to cling to power.
With the greatest respect, I think that the hon. Gentleman is underselling himself. The progress we made in Committee and on consideration of the previous Bill meant that, when the Government came to look at the model of what good legislation should look like, they needed to look no further than the work that he and I had done. I take most of the credit for that, but I think he should take some too.
As ever, the Minister is extremely generous in his praise. He is right, however, to say that we made a lot of progress. I just hope that we do not have to do it all over again. That is the point.
The Government do not have a plan to reintroduce VTAB in its entirety, even though it should already have been taken through. Madam Deputy Speaker, you could be forgiven for asking why the Government do not dare to try to pass legislation that has already passed through this place and received support from both sides of the House. Indeed, it is a matter of considerable concern that a number of important clauses from VTAB appear to have been left out of the Government’s forthcoming legislative programme. They include the clauses in part 4 of VTAB that related to vehicle testing, the shining of lasers—which the hon. Member for Kilmarnock and Loudoun (Alan Brown) mentioned earlier—and diversionary driving courses. The clauses in part 3 relating to air traffic services also appear to have been axed. Perhaps the Minister can offer some explanation of why he previously deemed it a necessity to legislate on those issues, as they are not being reintroduced now.
Moreover, during the progression of VTAB, Labour Members raised concerns over the absence of legislation to create a regulatory framework to deal with drones. With the proliferation of drones in recent years, we have seen a sharp increase in the number of near misses with planes. The latest figures show that there were 33 such incidents confirmed in the first five months of this year and 70 last year, compared with only 29 in 2015 and just 10 in the five years before that. Representatives of the aviation industry have expressed their concern over the Government’s failure to bring in legislation to tackle this worrying trend.
The hon. Gentleman makes a reasonable point, but those matters were considered an important part of VTAB, as were the bits relating to ATOL. It is a gross omission for us to come this far and not deal with such important matters now. Certainly, if the roles were reversed, we would want to introduce legislation before a near miss turns into a catastrophic incident that could have been avoided. We have heard about an incident at Gatwick airport in the past 24 hours, and this matter should concern everyone in the House. I make a genuine offer to the Minister that we will be nothing other than wholly supportive if the Government wish to bring forward legislation and regulations better to protect our airports and other places of great sensitivity. This is a huge issue, and the drone industry and others who support such legislation believe that the freedom to indulge in this activity is coming ahead of safety at the moment. I put it gently to colleagues that we should really be looking closely at this.
The hon. Gentleman does the House a service in raising this matter. The hon. Member for Nottingham South (Lilian Greenwood) challenged me on it in an earlier intervention, and I made it clear that we had consulted on it—the hon. Gentleman will be familiar with the consultation exercise that we have been engaged in—precisely because we agree that the matter requires further consideration. I am happy to engage directly in discussions with him so that we can find a way forward on drones. He is right to say that this a changing and potentially challenging matter, and we need to work not only as a Government but as a Parliament to address it, so I am happy to take up his offer of discussions on the back of that consultation and our response to it.
I am again grateful to the Minister for his consistent, collegiate attitude and for his co-operation. His approach to this Bill is exactly the same as it was with the previous Bill, and that should be acknowledged. The Labour party shares his objective of making this Bill and the forthcoming transport Bills relating to automated and electric vehicles and to the space industry the best possible pieces of legislation as they pass through the House. We only wish that the Government were prepared to respond to the rapid technological advances of recent years and to bring forward legislation in the areas that I outlined, which are in urgent need of a regulatory framework. It has become quite clear in recent weeks that inaction can risk lives.
As we stated when the measures in this Bill were first laid out in VTAB, the broad substance of the changes to ATOL are necessary and, for the most part, welcomed. The changes will harmonise UK law with the latest EU package travel directive, leading to many benefits for UK consumers and UK travel operators. A wider range of operators, including more dynamic package providers, will likely be covered under the changes, bringing protection to many more UK holidaymakers not covered under existing ATOL provisions. The requirement for travel companies to be in line with standards at “place of establishment” instead of “place of sale” will now mean that UK companies can sell far more seamlessly across Europe by simply adhering to the widely respected ATOL flag.
However, the EU-level changes do bring about something that could have adverse effects for some UK consumers purchasing from EU-based travel companies. The changes made through the directive will now mean that EU-based companies selling in the UK have to adhere only to an ATOL-equivalent insolvency protection laid out in the member state where the business is based. In practice, that could have unintended consequences and, more significantly, costs for UK consumers. Processes and timescales for recompense may be distinctly different to what many travellers would expect under the gold standard of ATOL. The impact assessment warns:
“If consumers purchase a trip from a business established elsewhere in the EU and the company becomes insolvent there may be some costs to the consumer of processing a claim with a non-UK insolvency protector.”
Based on the latest CAA figures, that is not just something that will impact on a relatively small number of holidaymakers; it would currently compromise over 500,000 passengers. It is therefore important the Government take appropriate steps to anticipate and prepare for any negative impacts. As suggested by the Opposition when the Vehicle Technology and Aviation Bill was in Committee, making it a requirement for the Government to monitor the impact for UK consumers using EU-based companies would help inform the Government about whether they should consider further guidance or co-operation with consumers and EU member states to ensure that adequate protections are in place.
The hon. Gentleman will know that the existing legislation contains an obligation to review it after five years. He is making an argument that he has made previously, and it seems to have some weight. I am open-minded about how we consider such things, and I will certainly reflect on his point about our need to consider the impact of the changes that he describes. I am more than happy to include that in our discussions about drones.
I am grateful to the Minister for that clarification.
The Bill’s second clause is not directly relevant to harmonising UK with EU regulation, but it contains a dormant power that the Government will retain, enabling them to make considerable changes to ATOL with regard to air travel trusts. During an evidence session when VTAB was in Committee, we heard from Richard Moriarty of the CAA, a trustee of the current air travel trust, who recognised the possible merits of separating the trust to reflect the variations of products in the market. However, he explained that we simply are not there yet and that it would be wrong for the Government to use this Bill as a means of making wholesale changes without due consultation. The Minister made it clear in a letter to me that changes would be made only through the affirmative procedure, yet the Bill does not account for any further consultation as part of this measure. Labour will therefore be again seeking a commitment from the Minister, which he gave in Committee during the progress of VTAB, that the Government will conduct a thorough impact assessment and consultation before implementing the power. Mr Moriarty said at the evidence session that he hoped that the Government
“will follow the practice that they have followed today: consult with us, consult the industry, do the impact assessment, and so on.”––[Official Report, Vehicle Technology and Aviation Public Bill Committee, 14 March 2017; c. 30, Q150.]
Accordingly, if the Government were to undertake a full impact assessment and consultation before bringing forward regulations to create any new air travel trusts through the affirmative procedure, that would be fair and reasonable and would guarantee scrutiny of any further changes to ATOL.
To conclude, while the Opposition are frustrated that the general election meant that the Vehicle Technology and Aviation Bill was dropped and, moreover, we are concerned with the Government’s decision to omit a large proportion of the legislation as it is reintroduced in this Parliament, Labour none the less broadly supports this Bill. We welcome the changes that will harmonise UK law with the latest EU package travel directive, which will have many benefits for UK consumers and UK travel operators. However, we have concerns about the levels of protection given by EU-based companies selling in the UK and about whether UK consumers could lose out following the change. We will be pressing Ministers for reassurances on that during the passage of the Bill. As we did with the Vehicle Technology and Aviation Bill, the Opposition will seek further detail from Ministers on the assimilation of the directive, the impact of Brexit, and Government accountability as the Bill progresses through this House.
My hon. Friend makes an outstanding point. We could be sitting in the Chamber now, if we were not paying attention to the debate—I am sure every Member is paying attention with alacrity—and booking ourselves a holiday on our mobile phone. Such a world was not even envisaged in 1973, but we did have the advent of the package tour, and British Airtours, a subsidiary of British Airways, was one of the leaders. People’s ability to have their package holiday protected, provided that they had a flight, was a major innovation, and it is something that we have now lost.
I say that from personal experience because, through my work, I have first-hand knowledge of how the package holiday industry now works. Not only do we have what is called “dynamic packaging”, in which a vast choice of providers, destinations and activities are available to members of the public, who can tailor bespoke packages for themselves, but those selling holidays can seek to step around some of the relevant legislation. A website might purport to be operating and offering a package but, when one actually looks, it turns out that the flight is offered by a subsidiary, the accommodation is operated and offered by another company, and other packages—perhaps excursions—are dealt with by someone else. It is quite easy in this day and age to step around the regulations that ATOL provides, which is why the Bill is so necessary. The travel market has changed significantly in recent years. In those days, and it was a romantic era—
Talk of romance was not what drew me to my feet, although it might have done. My hon. Friend talks about the changing character of the industry and the need to ensure that the regulations are updated. Reflecting on the remarks made by the hon. Member for Middlesbrough (Andy McDonald), who speaks for the Opposition, I reaffirm my commitment to consult further before any regulations are brought before the House under the affirmative procedure. I draw the attention of my hon. Friend the Member for Witney (Robert Courts) to section 71B of the Civil Aviation Act 1982, which already makes provision for consultation by the CAA in the light of any such changes.
I am grateful to the Minister for making that clear. The prospect of amendment has been ongoing for some time, so I am delighted that we are addressing it in the House today.
Although the image we all have of walking down the high street, flicking through a brochure and speaking to somebody behind a till still happens in many cases—many people avail themselves of the services that exist, including at the excellent travel agencies in my constituency—many people do not do that. It is now so easy to go on the internet to put together a bespoke package for ourselves. In a sense, we have become our own travel agents, but that brings challenges as well as opportunities for this new generation of travellers. In this House we embrace the opportunities that come with those challenges. Indeed, I would go so far as to say that we have seen the free market in action with the expansion of providers, destinations and activities. We have seen so many of the advantages that a free market can bring in the interest of consumers. Indeed, the online travel market has led to reduced costs for holidaymakers, as well as increased choice and flexibility.
Of course, we have to reassess protections at the same time as we reassess, and benefit from, those changes. The mix and match of lower prices and wider opportunities has to be seen alongside the protection. Many holidays now fall outside the scope of ATOL, which is very different from the situation in 1973. In 1998, approximately 90% of all leisure flights were covered by ATOL, but I understand that the figure has fallen to under 50% in recent years. I welcomed the Minister’s comment at the start of his speech. As much as I have praised the free market and its benefits in terms of opportunities, choice and reduced costs, I also understand that there is a role for Government. I agree with him that it is appropriate for the Government to step in and ensure that consumers in this field are protected.
That is why I welcome the measures in the Bill to address such changes. The Bill will ensure that the ATOL scheme keeps pace with innovation in the online travel market, while also ensuring that protections are in place, regardless of whether someone books online or on the high street. We will therefore ensure that more than 20 million holidaymakers each year continue to be protected.
Let me take this opportunity to welcome you to your place, Madam Deputy Speaker. I want to thank the Minister for his summary of the Bill’s provisions. The decision to update the ATOL scheme to provide more protection to travellers when they go on holiday, and to align it with enhancements to the EU and UK travel package regulations that predate people booking their holidays on the internet, is of course to be welcomed. We need to ensure that the public are protected by updating the UK’s financial protection scheme for holidaymakers. It is important to keep pace with the innovation in the online travel market and ensure that appropriate protection is in place, regardless of whether consumers choose to book online or on the high street. Of course we want to make it easier for UK companies when selling holidays across Europe, and they will be able to trade under the UK’s ATOL scheme as opposed to the regimes in each country they sell to. The measures in this Bill are important as we need it to cover new digital business models and modern consumer purchasing models.
We know that more than three quarters of consumers booked their holidays online last year. The EU package travel directive of 2015, applicable from 1 January 2018, extends the protections beyond traditional package holidays organised by tour operators and also gives clear protections to 120 million consumers across the EU who book other forms of combined travel. The directive is expected to reduce detriment to consumers by about €430 million per year across the EU, and reduce administrative costs and burdens on business.
Passenger rights have been enshrined in EU law, and consumers and businesses deserve to know, need to know and are keen to know how Brexit will affect them. They seek cast-iron assurances that the rights and protections of travellers will not be diminished after the UK leaves the EU, and I know that the Minister understands that.
Existing EU directives mean that UK passengers are currently entitled to a number of benefits if a journey is cancelled or delayed. Such protections give consumers some peace of mind when they are booking travel. Since the EU legislated to provide a comprehensive system of air passenger rights in 2004, the increased awareness of those rights and the chance to complain or appeal has led to a significant increase in the number of people doing so. That is a good thing, because it democratises the market and gives consumers proper routes of redress—the Minister mentioned the importance of intervening when the market has failed.
It should be noted that there are examples of court cases that have ruled on the circumstances in which airlines must pay compensation. Appeals against some of those judgments have demonstrated the reluctance of some airlines to pay out compensation unless the legal position is made absolutely clear. The rights of passengers must be clear and they must be upheld; otherwise, there will be a detrimental impact on passenger numbers and, ultimately, jobs will be put at risk.
Brexit clearly poses challenges in respect of passenger rights. It is essential that the UK develops its own system of passenger rights and compensation in the aviation sector, and there must be clarity on how such a system will affect non-UK airlines and passengers. Will we have such a system in the UK, post-Brexit? A system will clearly be required, but we, and non-UK airlines and passengers, need to know how similar it will be to current arrangements. In the post-Brexit world, what is to become of all the EU protections currently in place? Will they continue under the UK Government? What reassurances can UK passengers be given? The Minister referred to the “minimal impact” on consumers and business post-Brexit, but more detail is obviously needed, and it is keenly awaited.
The collapse of Lowcostholidays was a stark reminder of the importance of the EU package travel directive, which offers consumers protection in case of insolvency. Will the Minister give due consideration to the points I have raised and update the House as soon as it is practical to do so? He spoke of the need to revisit the relevant consumer protection as technology advances, but the question at the forefront of everybody’s mind is what will happen post-Brexit.
I welcome you to the Chair, Madam Deputy Speaker.
The hon. Lady invited me to respond as quickly as possible, so I shall respond now. The reform of ATOL and the package directive will bring the arrangements throughout Europe more into line than they have ever been before. It is imperative that we protect consumers through regulation in the way I have described, so it is inconceivable that, post-Brexit, we will not want to reflect the protections that already exist here and that we see increasingly abroad.
I thank the Minister for his response. The clear guarantees that businesses and consumers are looking for must not be eroded after Brexit. If we have guarantees and the Minister can give us further detail on them, passengers and businesses will be reassured.
Clause 2 will give the Secretary of State power to reform the ATOL scheme and the air travel trust fund, with only an affirmative resolution by each House of Parliament required. Any changes that the Secretary of State wishes to introduce to the scheme must be preceded by a full consultation and an impact assessment that allows for proper scrutiny of the proposals.
Although we absolutely welcome the move to update the ATOL scheme to ensure that a maximum number of travellers are protected when they go on holiday and to align it with the EU travel directive 2015, passenger rights have been enshrined in EU law and consumers and businesses deserve clarity on how Brexit will affect them. The UK Government must provide more flesh on the bones and explain how such rights will be written into our laws. The updating of the scheme is to be welcomed, but the post-Brexit world poses a range of challenges on which consumers and airline business require clarity. I forward to hearing more detail from the Secretary of State in due course.
It is an absolute honour for me to be able to close the Second Reading debate on this Bill. I must tell you, Mr Speaker, that when I first looked at the Order Paper and saw that we had six and a half hours in which to debate a Bill consisting of four clauses, my heart slightly quailed for a second, but I would like to put it to the entire House that tonight has been an absolute triumph. I have enjoyed every speech: it has been just marvellous.
When I heard my hon. Friend the Member for Ayr, Carrick and Cumnock (Bill Grant) stand up and quote, in the context of a number of maiden speeches, the maiden-seducing Robbie Burns himself, and not only that but mentioning his famous poem “To a Mouse”, which begins, as the House will know:
“Wee, sleekit”—
I will not do the accent—
“cowrin, tim’rous beastie,
O, what a panic's in thy breastie!”
I was tempted to think that none of the new Members speaking could count as a sleekit, cowrin or tim’rous beastie, and that the panic was likely to be in the Labour breastie. So it has been a delight. I must say it has been less a parliamentary debate than an episode of “Britain’s Got Talent”, with dazzling speeches and new voices—and especially, may I say with delight, Scottish voices from my side of the House, a rare and delightful occurrence. We have lost great colleagues across the House, but this evening has brought home to us what absolute legends we have received instead.
We have had an extremely useful debate and I warmly thank all those who have taken part, including the many Members on both sides of the House who have made their maiden speeches. As the debate has made clear, this is not a Bill that is politically charged or partisan. We are collectively seeking to act in the interest of the UK businesses that sell holidays, and in particular in the interest of the travelling public who wish to enjoy those holidays free of care. This may not be the largest of Bills when measured in terms of the number of its clauses, but it is a very large Bill when measured by its potential to bring peace of mind to people in every constituency throughout the UK.
That reassurance is what the ATOL scheme was originally created to provide, when it was set up in 1973. Today, not only does it help to prevent rogue traders from entering the market, but it provides important protection to consumers in the event that their travel organiser should fail. It has provided effective protection to consumers for over 40 years and it is well regarded both by those who use it and by the travel sector itself.
Consumer protection is an important pillar of the holiday sector owing to the nature of the market. Holidays are frequently booked and paid for many months in advance of travel, and the consumer may often be unaware of the financial stability, or instability, of their holiday providers. The impacts from the failure of a travel company can be grievous. Consumers may face a serious financial loss from not receiving a refund, or from the cost of having to make alternative arrangements to get home. Even worse, they may experience the trauma, heartache and sheer inconvenience of a cancelled holiday, or of being stranded abroad without accommodation or a ticket back.
I thank the Minister for his response to the issue that we face. He will be aware that, for many holidaymakers and travellers, delayed and cancelled flights are an issue. Does the legislation that he is bringing forward address the issue for people who are in that very difficult position, whether domestically, in Europe or further afield?
I am not quite sure I have taken the point the hon. Gentleman has raised. If it is about Brexit, I am not expecting this to change at all. He would be welcome to put the question again if we had more time, but I am afraid I will have to move on. I apologise for that.
The ATOL scheme provides important protection in these situations. It ensures that, if an ATOL holder fails, its customers are able to continue their holiday and return home, or that they will not lose out on the money paid if they are yet to travel. Fortunately, the failure of travel companies is relatively rare, but it does happen. In the last financial year alone, 19 ATOL holders collapsed. In each of those situations, the Civil Aviation Authority had to step in to deliver the appropriate protection to consumers through the scheme.
Many colleagues will be aware of the recent failure of the Spanish online travel agent, the Lowcost Travelgroup. When that business failed last summer, it was reported that there were 27,000 customers on holiday and over 100,000 customers who were yet to travel. Although many of those customers were from the UK, the company did not have ATOL protection as it was regulated under the Spanish regime. The collapse of companies such as that is an important reminder of the need to ensure that consumer protection keeps pace with the way people book their holidays. The huge growth in online booking means that customers have a much wider choice of providers, including those based overseas. Yet it is clear from the low-cost holiday situation that not every travel provider is covered by the same level of protection, and inconsistencies apply across borders. That is why we have already begun to take steps to update the ATOL scheme and bring it into line with modern trade practices.
The Minister of State for transport, legislation and maritime, my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes), has already mentioned in his opening remarks the legislative changes that we made to ATOL in 2012. These introduced the flight-plus category, to bring ATOL protection to the many consumers who book mix-and-match holidays online, in addition to those who buy traditional package holidays on the high street. The then Government also introduced the ATOL certificate, so that consumers know when they have booked an ATOL-protected holiday, and who to contact if their travel provider fails. We believe these interventions have had a positive impact for consumers and many businesses. Not only have we seen an increase in the number of protected consumers, but the changes have also helped to level the playing field between online and high street businesses.
For similar reasons, we have also been working with the European Commission and EU member states since 2012 to ensure that the European regulations are also brought up to date. The original package travel directive was agreed in 1990, and its provisions were introduced into UK law through the package travel regulations of 1992. As my right hon. Friend said earlier, the ATOL scheme is a crucial means by which UK businesses can meet their obligations to have insolvency protection under the EU directive.
The EU and UK package travel regulations have contributed significantly to consumer protection rights since their introduction. However, those regulations were originally designed for a world where people booked their pre-prepared package holidays through a high street travel agent or tour operator. The regulations thus pre-date the growth in the internet, where people are able to create their own informal packages online. As the House well knows, the internet has since become a vast travel marketplace, providing opportunities for consumers and businesses. Indeed, we heard at the start of the debate that around 75% of UK holidays are now booked online.
That being the case, it is important that regulations and consumer protections are able to keep pace with major changes in the marketplace. That is why a new package travel directive was finally agreed across Europe in December 2015.
The UK Government have supported the rationale for updating the directive, in order to bring greater clarity on what constitutes a package holiday in today’s marketplace and to improve and harmonise protection across the continent. The updated package travel directive will do just that: it brings protection across the rest of Europe closer to the model we have operated since we updated ATOL in 2012. Once again, the UK is leading in Europe; that is good news for consumers.
Overall, it will mean consumers will see insolvency protection extended to cover a broader range of holidays. In particular, it has updated the definition of a package holiday, so that an informal package booked online will need to be protected in the same way as a traditional package holiday booked on the high street.
As has been noted, it also brings a new concept of “linked travel arrangements” into the scope of protection. Like a package holiday, these involve a combination of at least two different types of travel services purchased together for the purpose of a holiday. However, those arrangements are looser, involving the separate selection and payment of each travel service, and separate contracts with different travel service providers. Linked travel arrangements will not be protected to the same level as a package holiday; however, under certain conditions, a refund or repatriation will apply.
There should also be benefits to business. A harmonised approach will help to level the playing field, with the same rules applying for businesses across the EU selling similar products. This harmonised approach will also help to remove barriers for UK businesses that want to trade across borders.
Concerns have been raised about air passenger rights when the UK leaves the EU. The Government are committed to delivering an orderly withdrawal and are preparing to introduce legislation that will preserve the EU acquis on the domestic statute book for the time being. The Government are also seeking to have UK consumers continue to enjoy the strong protections and effective consumer regime that they currently enjoy both inside and outside the EU.
Today, we are taking forward the ATOL Bill to harmonise our domestic regulations with the changes coming in across the EU in 2018. As the House has heard from my right hon. Friend the Minister, the Bill will update the ATOL powers to align them with the scope of the directive. It is a fine piece of work, and I commend it to the House.
Question put and agreed to.
Bill accordingly read a Second time.
Air Travel Organisers’ Licensing Bill (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Air Travel Organisers’ Licensing Bill:
Committal
(1) The Bill shall be committed to a Committee of the whole House.
Proceedings in Committee, on Consideration and up to and including Third Reading
(2) Proceedings in Committee, any proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion two hours after the commencement of proceedings in Committee of the whole House.
(3) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings in Committee of the whole House.
(4) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to other proceedings up to and including Third Reading.
Other proceedings
(5) Any other proceedings on the Bill may be programmed.—(Mike Freer.)
Question agreed to.
(7 years, 1 month ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Air Travel Organisers' Licensing Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
I will not give way.
We ask the Government to get the ball rolling within a year of the Bill receiving Royal Assent, but a regular review is also needed, particularly in the light of Brexit. Our amendment is supported by the Association of British Travel Agents and other travel organisations. Despite ministerial assurances, we want our amendment to be made to the Bill, so we will press it to a Division.
I welcome the spirit in which the Opposition have gone about their business on these provisions. We have had measured and sensible exchanges, first when we started to explore the issues in the Vehicle Technology and Aviation Bill earlier this year, before the election, and subsequently in last week’s Second Reading debate on this Bill. There is a determination across the House to get these matters right and a recognition that the protections that these measures offer travellers are important. Furthermore, as the Opposition spokesman made clear a moment or two ago, there is a recognition that we need to maintain the fitness for purpose of these arrangements to take account of changing circumstances in the travel market.
We must remember the context in which we are considering the amendment. The whole House shares the view that it is right for ATOL to continue and to respond to changing market conditions, and that the Government must do their part by ensuring that the necessary framework is in place. In respect of the amendment, I can go even further.
I will happily give way, after I have made this telling and interesting point. I said to Labour Members not long ago that I understand that it is now de rigeur for parties from across the House to work together. That has become immensely fashionable recently; frankly, however, it has been my practice forever. I feel as though the world is catching up with me, and that is a great place to be.
The Labour spokesman suggested earlier that there might be some rowing back of holidaymakers’ rights after we leave the EU, but is that not quite wrong? The UK has led the charge in the EU for holidaymakers’ rights. Will the Minister reassure the House yet again that we will protect holidaymakers’ rights post Brexit?
Although I do not want my sermocination to be excessive, I will deal with those matters at greater length in my later remarks. My hon. Friend is right to say that Britain can be justly proud of our record in respect of ATOL. To be clear, the Labour party acknowledged that on Second Reading a few days ago. There is an acceptance across the House that Britain has done this well; that that is recognised in continental Europe; and that there is a desire to ensure that future arrangements are inspired by, and perhaps even emulate, the best practice exemplified by the United Kingdom.
I said that I could go further still in building a bridge across the House, and that is because I am sympathetic to the aims behind the amendment. It is crucial that we carefully craft our policy, and the regulatory framework is the key to good governance. To gubernate is to be prepared to listen and learn, and it is absolutely right that we do so in respect of the changes that the Bill will make. It would not be fair to set any of this in stone, which is why I accept the need to consider these matters, as the hon. Member for Kingston upon Hull East (Karl Turner) set out, in the context of future changes to our relationship with Europe.
As I have said repeatedly, I am open-minded about reviewing the effects of these changes, but let me explain a little more. The Bill introduces the ability for ATOL to protect sales by businesses established in the UK and in other member states. It will be for protection schemes in other member states to provide the protections for UK consumers to which the amendment refers. That is not our responsibility—we do not have the power that the amendment suggests we should have—so I am not sure that the amendment works on a technical level.
The amendment does, however, highlight an important point, which it is right for us to consider. It seems to me that the hon. Gentleman’s argument was twofold: first, that we need to understand the potential impact on UK consumers of purchasing from traders that are based overseas under different protection regimes; and, secondly, that we need to consider how Government should keep that element of protection under review. Let me deal with those points in turn.
Order. It is one thing to intervene, but another to make a speech. Please, if the hon. Lady needs to do that, she should do it over a couple of interventions. When I stand and say, “Order,” she should please sit down. I do not want to stop a new Member; I want to try and help you, but you have to help me as well. If you need to come back, I am sure the Minister will give way again.
I am extremely grateful, Mr Hoyle.
I will address my hon. Friend’s remarks later in my brief speech. She is right, of course, that it is too early to know how the package travel directive will lead to changes in purchasing behaviour across borders. That was a point that the hon. Member for Kingston upon Hull East made, too. We hope—
I think this might make the hon. Gentleman’s point even better than it would be otherwise. I described earlier the desire of the Europeans essentially to—I hate to use this word, because it is so often a loaded term when it emanates from the EU, but I will—harmonise arrangements across Europe, but he is right to say, as is my hon. Friend the Member for Chelmsford (Vicky Ford), that we do not know.
Yes, which is why I have said that, in principle, I agree. I will come to how I am going to satisfy the hon. Gentleman by assuaging his fears. He has already declared his intent to divide the Committee, Mr Hoyle, but I might be able to persuade him not to. I might be able, in the generous remarks that I am about to make, to discourage him from that course of action. We shall wait to see. If I do not, I am not going to blame myself. Just so you know, Mr Hoyle, there will be no self-blame here; I will blame it on the hon. Gentleman. But let me do my best.
The hon. Gentleman is right to say that it is not clear how this will work out. If other member states implement as they are required to, consumers will be able to purchase across Europe knowing that the protection offered will need to meet the improved standards in the new directive. In practice, that should see insolvency protection across the EU improved to levels, as my hon. Friend the Member for Solihull (Julian Knight) said, that are broadly in line with ATOL.
There is also an increased onus on member states to ensure that businesses in their own territory have effective protection in place, but if the Civil Aviation Authority or trading standards has doubts or concerns about traders based overseas, it will be able to contact designating bodies in other member states to check compliance. We will ensure—I say this directly to the hon. Member for Kingston upon Hull East and to the shadow Secretary of State, the hon. Member for Middlesbrough (Andy McDonald)—that compliance in other member states is a matter that the CAA monitors, and that it makes contact with its like in those member states to ensure that proper practice is being observed. But—
Given that other member states do not need to implement this measure until halfway through next year, would not an impact assessment within a year be too soon? Should we not be calling for a more constant and regular review of the impact on British holidaymakers, and a review once the system is established in 2021, say, like the European legislation?
In that punchy and pithy intervention, my hon. Friend made the point that I made when we debated these matters in the Committee considering the previous legislation of which this was originally a part. That is rather convoluted, but it makes the point. I said that the problem with an early review is that it would be too early and would not take account of the changing circumstances in exactly the way she suggests. But I am minded to go further. Given that we discussed the issue in Committee on the Vehicle Technology and Aviation Bill, I want to make two further points.
First, the Small Business, Enterprise and Employment Act 2015—I have a copy with me for the benefit of any hon. Member who may wish to look at the particular clauses—makes a review obligatory within five years of the passing of the legislation. That existing obligation would of course apply to ATOL. However, we can do better than that. I am proud of my Department’s reputation for producing robust analysis to underpin and inform policy decisions, including providing full regulatory impact assessments to assess the effect of significant changes to regulation. That is a principle to which we have adhered in recent years throughout the ATOL reform process. We have already reformed ATOL once, in 2012, as the hon. Member for Kingston upon Hull East knows. We went through a consultation exercise, which I also have with me, and it is important that we continue the process of consulting and publishing the kind of impact assessments I have described before any regulatory changes take place.
It is really important that, when we changed the Civil Aviation Act 1982 in 2012 better to reflect current market practice, the call for evidence on the long-term review of the ATOL scheme produced responses that both informed the changes we made then—as they certainly did—and any further changes.
My right hon. Friend has been most generous in taking interventions. He mentioned that ATOL was last reformed in 2012. Is not the truth that the process will not end with Brexit or with the Bill? It is an ongoing process of reform and renewal.
That is true and in a sense it is more catalysed by the changing character of communications and the way in which people organise and book their holidays than it is by our relationship with the continental countries of Europe. It is affected by both, but my hon. Friend is right to say that even if we were not leaving the European Union—and, my goodness, I am glad we are —we would still need to reflect on and consider changes that take account of the changing patterns of the way in which people organise and book their holidays. Indeed, he is right that the process of reflection, consultation, impact assessment and review needs to be a continual one.
Last year we consulted on the changes to the Civil Aviation Act 1982 that we are discussing today. We are about to launch a series of consultations on the detailed regulations that will follow, including on this particular issue. Each stage of the work will be the subject of impact assessments and consultations, so we will both consult and publish impact assessments on each stage of the changes that I have described and which will be drawn to the House’s attention by various hon. Members—
I always hesitate to stop the Minister in full flow because he is such a joy to hear. Surely his commitment is the key point, because the Government consulted in 2012 and have committed to consulting in bringing in this legislation and aligning ATOL with the European directive. That needs to continue, because we will not transpose it into law until next year.
That is also true, and it is certainly true that we cannot be premature about imagining, or speculating about, the outcome of that process; but I think we can offer some certainty about our determination to consult on the arrangements in respect of this particular set of regulations—partly, of course, because they exist irrespective of the European Union. ATOL’s coincidental genesis with our entry to the European Union is just that, a coincidence. ATOL, I guess, would have existed regardless of our relationship with the European Union. Indeed, the regulatory and legislative framework that underpins it is domestic. So the domestic legislation that gave life to ATOL, and continues to do so, was very much at the behest of this Parliament, and of successive Governments—of all parties, by the way—who have continued to support that scheme.
This is a fascinating topic. Are we seeing an example of what happens when EU regulation is really rather good, and we accept that and transpose it into our law? Does my right hon. Friend not agree that there are many who supported our leaving the EU on the basis of some, I think, fanciful notion—I am sorry, Mr Hoyle, but I think this is an important point—that we would be stripping away all this sort of regulation and entirely doing our own thing? This proposal, however, seems to be rather a good idea.
In the darkest recesses of the darkest places there is occasionally a glimmer of light, and so it is with the European Union. One would not want to claim that every single aspect of every single thing that has been done over all the years of its existence has been malevolent. There is the odd measure which may be said to have shed just a glimmer of light, and in that sense, my right hon. Friend may be right.
Let me move on. During an evidence session earlier this year, Richard Moriarty of the Civil Aviation Authority told the Committee considering the Vehicle, Technology and Aviation Bill that he hoped the Government
“will follow the practice that they have followed today: consult with us, consult the industry, do the impact assessment, and so on.” ––[Official Report, Vehicle Technology and Aviation Public Bill Committee, 14 March 2017; c. 65, Q150.]
For the reasons that I have given, the current process is one from which I will not deviate. We will ensure that any changes that are made after the passing of the Bill, or as a consequence of it, will be subject to that rigorous and transparent process; but I want to go even further in satisfying the hon. Member for Kingston upon Hull East, because even that is not enough for me.
The hon. Gentleman will be aware of the Air Travel Insolvency Protection Advisory Committee, or ATIPAC, as it is commonly known. Earlier, I described darkness and glimmers of light in respect of the European Union. So it is with Labour Governments. It is a great mistake in politics to demonise one’s political opponents, because Governments of all colours do some things well and some things less well. All Governments introduce legislation that they subsequently regret, and omit to introduce legislation that they should. In grown-up politics and proper political debate—and this is a mature Parliament that is capable of such debate—we should freely acknowledge that.
In 2000, a Labour Government set up ATIPAC. Its purpose was to provide advice for the Civil Aviation Authority, the Air Travel Trust and the Secretary of State for Transport on policies that should be pursued to protect customers. It consists of representatives of industry, consumers, the CAA and Trading Standards, which means that it is well placed to provide an informed and independent review of policies. That committee already submits a substantial report to the Secretary of State each year. I have a copy of such a report, for the consideration and, I hope, education and enjoyment of any Member who may wish to cast an eye over it. The report includes drawing the Secretary of State’s attention to any concerns on which ATIPAC’s view is that further action is necessary to maintain strong consumer protection. This includes advice on changes in the market and, where appropriate, their potential impact on consumers and the financial protection arrangements.
Is my right hon. Friend saying that the industry experts—the people who really know—are saying in effect that this amendment is superfluous and is unnecessary?
I do not want to disagree with any hon. Member unnecessarily, and certainly not with a Member on my side of the Chamber. However, it is true—as my hon. Friend will know as he is a student of these matters who has taken a keen interest in this Bill from its inception—that ABTA has produced a briefing for this debate, and in a moment I will go through it in some detail. While it is true that ABTA welcomes, as the Opposition have, the changes that we are making to ATOL, and there is a broad recommendation from it that we should be doing just that, it has given a detailed critique of the measures we are introducing and the amendments, and, at face value—that is something of an understatement—it seems rather sympathetic to the Opposition amendment. However, it will not have had the benefit of the further commitment I am about to give, which this Committee will be the first to know, for that is as it should be.
I am now going to catch the eye of the hon. Member for Kingston upon Hull East. I am sure that that independent committee, which was set up by a Labour Government for the very purpose of reviewing these matters regularly to ensure they are fit for purpose and with the mission of observing and making recommendations in the interests of consumers will doubtless want to consider the impact of the changes we are making, and will of course be aware of the contextual changes in our relationship with the European Union and the effect of the directive on other countries and their arrangements. Nevertheless, I am prepared to write to the committee reflecting the sentiments the hon. Gentleman has articulated persuasively enough—I was going to say “so persuasively,” but I do not want to overstate the case—to encourage me to make this commitment, and to ask it not only in its annual report to review the implementation of these changes, but also to take account of the other remarks he has made.
Will my right hon. Friend confirm that ATIPAC meets every year to review issues affecting consumer protection for British travellers buying not only from EU-based companies, but from anywhere they wish to travel in the world so, of course, British travellers will have this review every year?
On the pithiness index that you are clearly keeping, Mr Hoyle, that was not quite as pithy as my hon. Friend’s first intervention, but it is still pithy enough for me—and, I am sure, for you, Mr Hoyle, the ultimate arbiter of these things. My hon. Friend is absolutely right, of course: the committee, set up by a previous Labour Government, does indeed have exactly that purpose. It produces that annual report, which is a public document, but I have said that I would go further than that and request that that committee looks particularly at the very things this amendment seeks. So, not only are we going to have impact assessments and full and comprehensive consultations, not only have I committed to subjecting any further regulations to that kind of transparent and open debate with the appropriate scrutiny, and not only does the committee exist for the very purpose of producing an annual report in the interests of defending consumers in this field of work, but, further than that, I will to write to the committee to tell it that it should do exactly as the hon. Member for Kingston upon Hull East has asked.
Will my right hon. Friend confirm that, if we pass this Labour amendment, we will be asking for a review that is to take place anyway, and that the amendment is therefore unnecessary?
That is a perfect cue for what I was about to say. Knowing that the hon. Member for Kingston upon Hull East is a reasonable and sensible man, and knowing that the shadow Secretary of State has some experience in this field, having debated these matters with me on more than one occasion, I cannot believe that a responsible Opposition would, in the light of the pledges I have made today, on the record, push these matters to a vote.
I will ask the committee—which is already there to do as the hon. Member for Kingston upon Hull East has asked and is already producing the annual report that the amendment requests—to deliver the very assurance that he has requested. Those experts—for that is what they are—submit their report to the Secretary of State within four months of the end of each financial year. However, I am going to go even further. I am determined that the hon. Gentleman will be so captivated, encouraged and illuminated—not surprised; I would not go that far, because he knows what a good bloke I am—by the offers that I have made that he really will not want to push this matter to a vote. I am going to go further. The committee, which does indeed publish an annual report, can, as necessary, report more frequently if circumstances require. Should it believe that it needed to do so because of this legislative change, we would, ironically, have less scrutiny, fewer reports and less analysis if we were to pass the amendment than is the case now.
There are those on my side of the House who take a less generous view than I do of the Labour party. However, I know that what I have just described is not the intention of Her Majesty’s Opposition. They do not want to have less scrutiny, less analysis, less certainty or less clarity. They want the same degree of clarity that I seek. I am prepared to acknowledge that. However, the effect of their amendment might be to leave us in a worse position than we are in at present, and that surely cannot be right.
I apologise for intervening so soon after arriving in the Chamber. Does my right hon. Friend not agree that most of these issues will be taken care of in the great repeal Bill anyway?
That is of course right; the committee will look at all those matters in that context. I said that earlier. I have also said, however, that I want to go further and to ensure that this stands proud as an example of analysis. Of course the great repeal Bill and our relationship with the European Union are bound to be the context in which the committee considers these matters; I guess that that is true. However, these ATOL arrangements predate our relationship with the European Union, or, if they came into force at the same time, it was a coincidence. Given that they are framed in domestic legislation rather than European legislation, I believe that ATOL would have existed regardless of our association with the European Union.
Just for clarity, when I intervened on the Opposition Front-Bench spokesman, he was making a point about insolvency, but the generous offer that my right hon. Friend just made would clearly cover insolvency as well.
Generosity needs to be reciprocal. It is not for me to say how the Opposition will conduct their affairs, but surely they will recognise that we are going as far as it is possible to go to ensure that the process is reviewed in precisely the way that the hon. Member for Kingston upon Hull East described. He says that we cannot be absolutely certain how things will pan out in practice, and I agree. The spirit of his amendment seems to be the right one, so I have made it clear that I will facilitate just such an analysis of the impact of the changes. The point is that it is not as if the mechanisms do not exist for us to do that, and they do not merely rely on the legislative strength of the Small Business, Enterprise and Employment Act 2015, which says that there must five-yearly reviews. Issues will go to the committee responsible for overseeing such matters, which was set up by a previous Labour Government, and we will insist that the impact is reviewed—more than once a year if necessary.
May I ask my right hon. Friend for more clarity on that? Can the committee review things as often as it wants? I am sure that the committee will have been taking this debate seriously and that this particular part of it will be receiving attention. Can he confirm that he will be encouraging the committee to take its responsibility to review the proposal very seriously?
As you know, Mr Hoyle, it is not my habit to speak at length in this House. I like to abbreviate my remarks to a sufficient degree to make my point, but not to exaggerate the arguments. In the light of that intervention, however, I am inclined to go into rather more detail about the ATIPAC report, which is the document submitted to the Secretary of State in the way that I have described and then made public. The latest report states:
“The Committee’s role is to provide informed advice to the Government and the regulatory authorities on financial protection for consumers in the event of a holiday company’s insolvency. Its Constitution sets out the role and membership of the Committee, and can be reviewed in Appendix 4.”
I will not go into the details of appendix 4.
Order. The Minister says “by popular demand”, but those Members were not here when he first started. He has had to wait until now.
May I say to my right hon. Friend, with the seriousness and candour that the moment demands, that he is a bright flame on a dull and grey afternoon to which the moths of Parliament are being drawn?
Order. The danger is that someone might blow out that light. Come on, Minister.
I thank the Minister for giving way. It has been announced today that easyJet is to fly for the first time from Southampton airport, which is in my constituency. It is fantastic news, and I am heading off in about 10 minutes—[Laughter.] Like me, is the Minister wary of committing the Government to something that may adversely impact the industry during the Brexit process? I say that on what is a positive day for my constituency.
There is no wish to do that on either side of the House. There is general agreement on both sides of the House that the measure must act in the interests of both consumers and businesses. It is certainly in the mutual interest of the travel industry and of those who use it that these protections are in place, which is precisely why Governments of all colours and persuasions have continued to invest in and support ATOL over the years, and it is why I said earlier, before a number of Members entered the Chamber, that there is general cross-party agreement among all contributors to these discussions that it is necessary to reform ATOL to take account of the changing way in which people book their holidays online and in other ways. People plan holidays rather differently from how they once did.
My right hon. Friend and Lincolnshire neighbour, as a Transport Minister, has been diligent in attending to the concerns of my constituents about the infamous Bull Ring bottleneck in Horncastle, where the A153 and A158 cross. Has he paid the same diligence, care and attention to this Bill, such that he is able to reassure the Committee that the amendment is not to be passed and that we must keep the Bill as it is?
Mr Hoare, I assure you that I do not need any advice. I remind the Minister that there are others who wish to speak, including on his own Benches.
Far be it from me to prevent the Minister from continuing to drag things out. I apologise, but I do not have one of the intervention sheets that have been circulated. A few interventions ago, the hon. Member for Mid Bedfordshire (Ms Dorries) suggested that the great repeal Bill will account for this amendment. Can the Minister explain how the yet-to-be-published great repeal Bill will supersede or take account of it?
What I actually said is that the Air Travel Insolvency Protection Advisory Committee, which is missioned to consider these matters in the way I described, will doubtless take account of the contextual changes associated with our independence from the European Union, and I use the word “independence” advisedly. It is inconceivable that the committee would not make reference to that in its annual report, but I also said that I would write to draw the committee’s attention to the specificity of the measures we are bringing before the House to ensure that it carries out the very kind of report and review called for by the amendment.
I really must press on.
Appendix 4 of the annual report is categorical about the committee’s constitutional role, and it sets out the committee’s membership, which includes the Association of British Travel Agents, the Association of Independent Tour Operators, the Association of Airline Consolidators, the Board of Airline Representatives in the UK and the Travel Trust Association. The committee also includes up to 10 independent members, of whom one will be the chair. Of course, as I set out earlier, the committee’s independence and expertise mean that it is in a perfect place to do the very work that the hon. Member for Kingston upon Hull East perfectly properly recommended to the House and that the amendment seeks to achieve.
Therefore, in the light of the fact that the Government have already obliged in law to review legislation within five years and have set up the independent panel of experts to report; that I have committed to seek guidance on the important issues the hon. Gentleman raises and to write to that committee asking it to review the legislation; and that the committee will report more often than annually as necessary, it would be extraordinary if the Labour party pushed this matter to the vote. It would be unreasonable for it to do so, but in the end that is a matter for it, not for me.
Last week, there was uncharacteristic consensus in welcoming the Second Reading of this Bill, as it is perfectly desirable and sensible to update the ATOL scheme to ensure more protection for travellers when they go on holiday and to align it with the latest EU directive. However, there undoubtedly are a number of questions that will arise in relation to this scheme once the UK leaves the EU. We need cast-iron guarantees that the rights of and protections for travellers will not be diminished after Brexit.
On Second Reading, the Minister was clear in saying that he wished to protect passengers, but we lack the detail on that. We do not know when the UK will develop its own system of passenger rights and compensation in the aviation sector after Brexit, how similar it will be to current arrangements or how it will affect EU airlines and passengers. Scottish National party Members fully support the Government’s reviewing the impact of provisions under this amendment; surely it is right that they review the impact of the provisions to ensure that UK consumers are protected and are not disadvantaged by using EU-based companies. When we leave the EU, passenger rights must not be affected, and consumers and companies based in the UK and/or the EU need clarity on what their obligations are in respect of the ATOL scheme.
We have heard today that this will all be taken care of in the great repeal Bill, and I am sure we all hope it will. Last week, the Minister said he was keen to protect consumers, and I am optimistic that that will be in evidence today. His reasons for resisting reviewing the impact of provisions under this amendment do not seem clear. Periodic reviews still make sense; having a review within one year will inform the impact of the provisions and will still be helpful. The Minister is an eminent and sensible man, but I am at a loss here: if ATIPAC already carries out yearly reviews, why resist this? The reviews we are talking about merely write into legislation something that it appears is already happening. What has the Minister to lose? The committee provides advice, we are told, and this amendment writes into legislation—
Clause 2 requires only that the Secretary of State has an affirmative resolution from each House of Parliament, but that is not enough. The Government should be required to conduct a proper consultation and assess the potential impact of any proposed changes to the ATOL scheme and air travel trust that they intend to introduce through secondary legislation. Any proposals must be fully transparent, and consumers and businesses alike must be formally consulted in the process to allow for proper scrutiny. We trust that the Minister will accept that and our reasons for tabling the amendment.
I can satisfy the hon. Lady entirely. I fully intend to ensure exactly what she asked for: full consultation and a comprehensive impact assessment in respect of any regulations to be made under these measures. On that basis, I hope she will withdraw the amendment. If she does not, she will look rather daft.
We will press amendment 3 to a Division. We seek a commitment that the Minister gave in the Vehicle Technology and Aviation Bill Committee—that the Government would conduct a thorough impact assessment and consultation before implementing the power. Clause 2 relates to the Air Travel Trust, which is the legal vehicle that holds the money that is then used to refund consumers under ATOL protections. It gives the Secretary of State the power to define separate trust arrangements to reflect different market models, prefiguring some of the changes in the package holiday market mentioned by the Minister.
Amendment 3 would require the Government to undertake a full and proper review, and public consultation, before introducing any of the changes that would be enabled under the powers in clause 2. Unlike clause 1, clause 2 does not seem directly relevant to harmonising EU and UK regulations. Instead, it is a dormant power that the Government will retain in order to make considerable changes to ATOL, and particularly to the Air Travel Trust. That is where Brexit comes in because, were such changes to happen, they would most likely be in the event of the UK leaving the European Union.
During one of the VTAB Committee evidence sessions, Richard Moriarty of the Civil Aviation Authority—a trustee of the current Air Travel Trust—said that he recognised the possible merits of separating the trust to reflect the variations of products in the market. However, he explained that we simply are not there yet, and that it would be wrong for the Government to use the Bill as a means of making wholesale changes without due consultation. The Minister made it clear in a letter to my hon. Friend the Member for Middlesbrough (Andy McDonald) that changes would be made only through the affirmative procedure, yet the Bill does not account for any further consultation as part of this measure.
The Government’s impact assessment explicitly states that it
“does not consider proposals for ATOL reform, beyond what is required”
in the package travel directive. It would therefore be rather inappropriate for the Minister to go beyond that, without providing assurances that proper consultation and scrutiny will take place if the Government are minded to go beyond changes that were already envisaged.
During the VTAB evidence session, Mr Moriarty said that he hoped the Government would
“follow the practice that they have followed today: consult with us, consult the industry, do the impact assessment, and so on.”
Amendment 3 simply says that. It is fair and reasonable and would guarantee scrutiny of further changes that may come down the track regarding ATOL protection.
As I did with the amendments, I start by saying that I fully endorse, and indeed support, the purpose of the new clause. By the way, I am grateful to the hon. Member for North Ayrshire and Arran (Patricia Gibson) for withdrawing her earlier amendment following the assurances that I gave her. I say to the hon. Member for Kingston upon Hull East (Karl Turner) that I am fully committed to full consultation and a full impact assessment on the regulations as they are rolled out as a result of the Bill.
The point is that the ATOL legislation is not dependent on the package travel directive. The Bill will harmonise ATOL with the package travel directive in the immediate term. As I made clear earlier, ATOL legislation and protection will remain in place as we leave the European Union. They are made by, framed in and supported by domestic legislation.
Although I understand the point that the hon. Member for North Ayrshire and Arran makes, I have to tell her that the new clause is unnecessary, because ATOL is enshrined in an Act of this Parliament, and only this Parliament can change that. Mindful of that; mindful of the assurances that I have given about consultation, further review and impact assessments, which I repeat; mindful of the fact that, as I have mentioned, there will be a review of all these matters; and given what I have said about ATIPAC, I hope that she might withdraw the new clause.
New clause 1 seems eminently sensible. These consumer protection measures require an assessment, so we will support the new clause.
Question put, That the clause be read a Second time.
I beg to move, That the Bill be now read the Third time.
What a pleasure it is to move the motion for the Third Reading of this important Bill, and to do so in the knowledge that it will be considered in the spirit that it deserves. We have had a properly reasoned, measured and sensible debate about its provisions, and I am grateful to Members on both sides of the House for contributing to that process. I did think it a little unnecessary for us to vote once or twice earlier, but let us put that to one side, because I fully appreciate that the Opposition must do their job, if only to maintain the declining morale of a parliamentary party that knows it is no nearer to power now than it was a week, a month or a year ago. [Interruption.] But let us put that to one side.
This is an important piece of legislation, which, as we have said repeatedly, brings up to date and up to speed the arrangements under the ATOL scheme which protect travellers. Those arrangements have been proved to be effective time and again. They are necessary and desirable, as has been acknowledged throughout our considerations. Benjamin Disraeli, of whom we have heard too little this afternoon, said:
“Like all great travellers, I have seen more than I remember, and remember more than I have seen.”
What I will remember of today’s considerations is that, as I have said, they have been conducted in the way in which Parliament should consider all such matters.
I am entirely confident that the Bill, as it proceeds, will continue to provide the necessary reassurance for travellers and the necessary measures for businesses, and that, in those terms, it will do the Government and the House proud. It is right for Governments to act in the interests of the common good, for that is enshrined in all that we are in my party, and I hope that other parties in the House will gradually, over time, learn from that. I entirely welcome the way in which we have dealt with these matters, and I look forward to further consideration of them once the Bill becomes law. As I said again today, I am committed to reviewing the position thoroughly, and when the regulations come before the House—I repeat this, because I think it important to emphasise and amplify it—we will review the implications in the way recommended by the House.
We can be proud of the Bill. I am sure that it is not just fit for purpose, but necessary, desirable and efficacious.
The Labour party supports the Bill, and we will vote in support of it. There are, however, some concerns about the impact of some parts of it, which we expressed when the clauses were first debated as part of the Vehicle Technology and Aviation Bill and again throughout the passage of this Bill. We hope that the Minister has taken on board the points raised by Labour and echoed by the Scottish National party, who re-tabled Labour’s amendments to VTAB in Committee. As the House will know, the Prime Minister has asked the Opposition to help the Government by providing some policy suggestions. However, it seems that SNP Members are not even asking for help, but are simply taking Labour’s policy ideas as their own. We should probably take that as a compliment.
We support the Bill because it brings ATOL up to date and will ensure that it is harmonised with the latest European Union package travel directive, extending to a wider range of holidays and protecting more consumers, as well as allowing United Kingdom travel companies to sell more seamlessly across Europe. While we harbour some real concerns over whether UK consumers will be sufficiently protected by EU-based companies, as they will no longer be subject to ATOL but to member state equivalents, we welcome changes that will ultimately help to protect more holidaymakers.
The implications for ATOL after Brexit are also a cause for concern. Hidden in the Bill are proposals that the Secretary of State should require only an affirmative resolution to significantly reform ATOL and the air travel trust fund. Labour recognises the merits of some reforms, but we believe that an impact assessment, full consultation and full scrutiny should have been required before any fundamental changes are made to these consumer protections.
These issues bring to the forefront uncertainties over the future of UK aviation following the decision to leave the EU. The Labour party has been clear that, whichever framework is chosen by the Government, we should prioritise retaining an essentially unchanged operating environment. They should prioritise air service agreements as part of exit negotiations. As is customary, such agreements should be negotiated separately from, and prior to, the UK’s negotiations on trade with the EU. The Government must not waste the opportunity this Bill presents to clarify their intended future arrangements for our aviation industry.
The UK aviation sector is the largest in Europe and the third largest in the world, supporting 1 million jobs and bringing £9 billion into the Treasury in tax receipts. Over a quarter of a billion passengers were transported in 2015. But aviation also provides a network infrastructure that enables other industries to do well. Half a million jobs in the UK tourism industry are supported by aviation, and 40% of UK imports and exports by value go via UK airports. The EU is the UK’s single biggest destination, accounting for 49% of passengers and 54% of scheduled commercial flights. Airlines that operate from within the UK are able to rely on the EU single aviation market, which allows any airline owned and controlled by EU nationals to operate freely in the EU without restrictions on capacity, frequency or pricing.
Additionally, EU carriers are able to take advantage of the traffic rights contained in the many air services agreements that the EU has negotiated on behalf of all member states with non-EU countries. Significantly, this includes the EU-US open skies agreement which enables airlines from the EU and the US to fly between the EU and the US. If Britain leaves the EU without retaining any form of European common aviation area membership, airlines will need to negotiate new rights to operate freely within the EU and operate transatlantic routes. This means that there will be no legal framework that allows airlines to fly to those destinations from the UK. So UK airlines would also lose the right to operate within the remaining EU27, and EU airlines might lose the right to fly UK domestic routes as well.
Aviation is legally unique: it is separate from trade agreements and does not form part of the World Trade Organisation system. Instead, countries negotiate bilateral or multilateral air services agreements to provide airlines with the legal rights to fly to certain places. To ensure the continuity of connectivity, the UK will need to negotiate a new air services agreement with the EU and countries such as the US. If there is no such agreement by the time the UK leaves the EU, the UK’s connectivity will be undermined and its ability to trade will be more difficult. So it is imperative that the Government prioritise retaining an essentially unchanged operating environment. That is why they should prioritise air services agreements as part of Brexit negotiations.
While the measures in this Bill are important and will provide additional security to UK holidaymakers, it is strange that the Government thought it necessary to debate the Bill in a Committee of the whole House. The measures in the Bill were included in VTAB, which had passed through its Committee stages before the Prime Minister decided to call the unnecessary snap general election. I think I am right in saying that these provisions in that Bill were debated in no more than 45 minutes in Committee. The Government have not made changes to their proposals and the Opposition supported them as part of VTAB in the last Parliament, so we simply do not understand why the decision was taken for this small, agreeable and largely non-contentious niche Bill to take up time in the Chamber, other than to try to disguise the fact that this chaotic Government have a threadbare legislative programme for this Parliament.
As a result of that scrutiny—which the hon. Gentleman should not disparage because he has played an important part in making it real—we have had a good debate on the issues of review, of impact assessments and of further consultation. He will have heard what I have said about all those things, which are matters close to his heart, so actually the debate has served a really useful purpose.
The Minister makes a fair enough point, but with respect, it has been a terrible waste of time debating this matter in the Committee of the whole House when it was previously dealt with in 45 minutes in Committee upstairs. For the sake of appearances, VTAB has been broken up into its component parts and is now being given undue time for debate in this Chamber.
Order. I am sure that the Minister is going to beg the leave of the House to address the House again.
Thank you, Madam Deputy Speaker.
I do not want to detain the House unduly except to affirm my thanks to all Members who have contributed to the debate. I hear what the hon. Member for Kingston upon Hull East (Karl Turner) says about the previous Bill. He drew attention to those elements of the Bill that are not being considered today. This legislation is very much part of that earlier Bill, but we made it clear in the Queen’s Speech that we intend to introduce further transport legislation. I am happy to continue to have conversations about drones and lasers along the lines that he suggested. It has been a good debate, and it is a good Bill. I think we can leave it at that.
Question put and agreed to.
Bill accordingly read the Third time and passed.
(6 years, 11 months ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Air Travel Organisers' Licensing Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
My Lords, the UK has one of the most innovative and advanced holiday sectors in the world and one of the biggest markets in Europe. That is something that we should be immensely proud of. The UK has been a leader in this sector, going back some 175 years, when Thomas Cook first had the foresight to offer a one-day excursion on a steam train. I am pleased to say that the UK continues to lead the way. Overall, tourism now contributes close to £121 billion to our economy annually, with outbound tourism contributing around £30 billion. The sector supports millions of jobs and involves thousands of companies, from small businesses to large multinational brands, both online and on the high street.
Strong consumer protection is vital to underpin confidence in this important sector. As the Minister of State for Transport said in the other place, this is a Government who recognise the value of providing UK businesses with the best possible opportunities to grow. We also recognise the value in ensuring that consumer protections keep pace with the new ways in which people book their holidays. These points ring as true now as when they were made earlier this year. That is why I have introduced to the House the Air Travel Organisers’ Licensing Bill, which will ensure that consumer protection for holidaymakers is modernised to match developments in the travel market. I very much hope that the debate we have today will match the very positive discussion in the other place. I would go as far as to say that there was cross-party support for ensuring that consumer protection reflects the changes in the travel sector.
Consumer protection is an important pillar of the holiday sector, due to a number of characteristics of the market. Holidays are frequently booked and paid for many months in advance of travel, and the consumer may often be unaware of the financial stability of their holiday providers.
The impacts from a failure of a travel company can be twofold. Consumers may experience a financial loss from a cancelled holiday or significant difficulties from being stranded abroad.
The ATOL scheme was originally set up in the 1970s to provide protection in such situations. It does this in two ways. First, travel firms that sell flight packages in the UK must hold an ATOL licence, issued by the Civil Aviation Authority. This helps to regulate entry into the market and filter out any companies that are not financially sound. The scheme also acts as a fund to compensate consumers who might be caught up in a failure. ATOL-licensed companies must pay a small levy—currently £2.50—for each person protected by the ATOL scheme. This money is then held in the Air Travel Trust Fund and used by the CAA to ensure that consumers are returned home or refunded when a company fails.
The scheme plays an important role in the UK travel sector, providing peace of mind to more than 20 million people every year. Since the 1990s, it has also been a key way in which the UK has implemented the European package travel directive. Fortunately, failure of travel companies is relatively rare, but it does happen. In the last financial year alone, 19 ATOL holders collapsed. In each of these situations, the Civil Aviation Authority stepped in to deliver protection to consumers through the ATOL scheme.
I am sure that many noble Lords will also be aware of the failure of the Spanish online travel agent, Lowcost Holidays, last summer. When this company failed, it was reported that there were 27,000 customers on holiday and more than 100,000 customers who were yet to travel. Although many of these customers were from the UK, the company did not have ATOL protection as it was regulated under the Spanish regime.
The collapse of companies such as Lowcost Holidays is an important reminder of the need to ensure that consumer protection keeps pace with the way people book their holidays now. While many people still enjoy booking a holiday in their local high-street travel agent, the market has diversified considerably with the growth of the internet and smart technologies. Indeed, a recent ABTA survey estimated that about 75% of UK consumers now book their holidays over the internet.
The growth in online trade means that customers have a much wider choice of providers, including those based overseas. However, it is clear from the Lowcost Holidays situation that not every travel provider is currently covered by the same level of protection, and inconsistencies apply across borders.
That is why the Government and the CAA took initial steps in 2012 to update the ATOL scheme. This introduced the ATOL flight-plus category to bring ATOL protection to the many consumers who book mix-and-match holidays online, in addition to those who buy traditional package holidays on the high street.
We also introduced the ATOL certificate, so that consumers know when they have booked an ATOL-protected holiday and who to contact if their travel provider fails. These interventions have had a positive impact in extending consumer protection, levelling the playing field for businesses and improving clarity for all.
It is important that we continue to build upon these changes, and I am pleased that a similar view is now held across Europe. In particular, a new EU package travel directive was agreed in 2015 to bring similar improvements to consumer protection across the whole of the EU. This will need to be implemented into the UK’s package travel regulations by 1 January 2018.
Your Lordships may ask why the Government are implementing these changes, given that we will shortly be leaving the European Union. First, this Government have continually supported the rationale for updating the package travel directive. Secondly, and of equal importance, the UK is of course still a member state of the European Union and continues to honour all of its rights and obligations.
The Bill will benefit businesses and consumers alike. For consumers, it will update the protection of holidays, and for businesses it will ensure that there is a consistent approach across Europe, making it easier for British companies to trade across borders. Broadly speaking, it will mean that the protection offered across Europe will be closer to the protection that we have had here in the UK since 2012. It will also extend the scope of protection to a new concept of linked travel arrangements, which is designed to provide protection for consumers even when they make less formal holiday arrangements—for example, when one trader sells a flight, and they then direct the consumer to another trader to complete the booking of a hotel. These are not pre-arranged packages, but they often compete closely with traditional package deals.
Overall, the new directive has the potential to provide protection to a greater number of UK consumers, whether they purchase from a company established in the UK or overseas. This will also help to level the playing field for companies, whether they are based in the UK or overseas and whether they operate on the high street or online. The broadened scope will be underpinned by information requirements, so that consumers have better information about their holiday and how they are protected.
This Bill is the first step in updating the UK’s regulations to bring the new directive into force by July 2018. The four clauses will enable the ATOL scheme to be aligned with the updated package travel regulations and ensure that UK consumers and businesses can enjoy the benefits from these changes. Combined, the clauses will mean that UK-established companies are able to sell holidays more easily throughout Europe; they will be able to protect these holidays through the ATOL scheme, so they do not need to comply with different schemes in each country. The Bill will also extend the Civil Aviation Authority’s powers to request information from businesses, so that they are more able to regulate the scheme and this cross-border activity more effectively.
Finally, the Bill will allow the scheme to be able to adapt more effectively to changes in the travel market. At present, the ATOL scheme is based around a single fund, the Air Travel Trust. While this one-size-fits-all approach has worked well to date, it may not always be the best approach in future. The Bill will provide more flexibility to set up new trust arrangements to respond more effectively to an increasingly diverse pool of risks. But I can be clear that this power will not provide Ministers with a blank cheque. Any regulations brought forward would require extensive consultation and ultimately an affirmative resolution procedure, so that both Houses have an opportunity to scrutinise their content and effect.
Overall, the updates that we are making to the ATOL and package travel regulations will mean consumer protection can extend to a broader range of holidays. It will mean that protection can be provided for traditional and online package holidays, and also looser combinations of travel, which have previously been out of scope.
Of course, we also need to be mindful that the regulatory landscape will need to be able to adapt to future changes in our relationship with the European Union. This measure is entirely in keeping with that principle; it will enable the ATOL scheme to be aligned with the package travel directive in 2018, with minimal impact for UK consumers and businesses. But the ATOL legislation and protection will continue to exist and remain in place as we leave the EU. ATOL is enshrined in an Act of this Parliament, and only this Parliament can change that. As I mentioned previously, the travel sector contributes significantly to the British economy. Implementing the PTD will support British businesses to trade across borders and provide the best deal for our consumers. By extending the scope of ATOL, UK businesses will be able to provide ATOL-protected holidays across the whole of the EU. Consumer protections are a key priority for this Government, and this Bill will further this aim, an aim that transcends the Brexit negotiations. In short, we are legislating now to ensure that we continue to have strong consumer protections in place as we leave the EU.
The UK has always been a leader when it comes to providing protection for holidaymakers, and this Bill will ensure the UK continues to be a leader when we leave the EU. The Bill will provide UK businesses with the opportunity to expand and grow, and provide a framework to ensure that ATOL can remain flexible enough to cope with future trends. But most importantly, it will ensure that the UK’s consumer protection for holidays can keep pace with changes in the travel market. I beg to move.
I thank the small number of noble Lords who contributed to the debate this afternoon. I hope, like the noble Lord, Lord Rosser, that it is because of the quality of the Front-Bench contributions that other noble Lords decided not to contribute, but I suspect it probably has more to do with being the first day back after the Recess. Nevertheless, it is about the quality rather than the quantity of the contributions. It has been a good, brief debate.
The travel market has moved on significantly in the past decade, with changes to the way holidays are offered and sold. The market has diversified with the growth of the internet and smart technologies, as many Members have pointed out. Consumers now have a great many options at their fingertips to buy holidays and to put together their own packages. As the methods for selling holidays modernise, we must also update and modernise the schemes and laws that protect them. As I said in my opening remarks, this Bill is a vehicle by which the UK will implement the EU package travel directive. It will ensure that informally booked holidays will have protection similar to that for traditional package holidays, regardless of whether they are booked on the high street or online. This Bill complements the steps we took to update the ATOL scheme in 2012 and is required to ensure that consumer protection can keep pace with the changing travel market.
While it is fair to say that the Bill may not be the largest in terms of clauses, not many Bills can bring peace of mind to so many people. The scheme protects more than 20 million people each year by regulating entry into the market and acting as a fund to compensate consumers who might be caught up in a failure. It has provided robust consumer protection for more than 40 years and is held in high esteem by the travel industry and consumers alike. It has been able to do so by evolving over time and adapting to changes in the travel market. The Bill will help to align our regulatory framework with the changes coming in across the EU in 2018. The combined effect of the clauses will help to cut red tape, allowing UK-established companies to sell holidays more easily throughout Europe. They will be able to protect more holidays through the ATOL scheme, removing the need to comply with different schemes in each member state.
I shall move on to some of the question that have been asked. The noble Lord, Lord Rosser, raised the point about the future of consumer protection once the UK leaves the EU. The UK has always led the way in protecting holidaymakers. We remain committed to consumer protection and will continue to do so after Brexit. For example, we established the ATOL scheme two decades before the original package travel directive was agreed across Europe. ATOL is of course enshrined in UK legislation and will remain on the statute book until such time as these Houses decide otherwise, regardless of what happens with Brexit. We also made improvements to the scheme in 2012 which are now being echoed in the new package travel directive that was passed by the EU in 2015. So I think that I can claim some authority here when I say that we have a track record over many years of being at the forefront of consumer protection in this field and that we hope to remain so.
The Bill will extend the Civil Aviation Authority’s information powers so that it is more able to regulate the scheme and cross-border activity. It will update the ATOL powers so that they align with the scope of the directive and will provide more flexibility to set up new trust arrangements and so on to respond more effectively to an increasingly diverse pool of risks. The scheme now needs to manage a greater variety of risks and business models, and the update the Bill will make to ATOL will mean that consumer protection can extend to a broader range of holidays. This will mean that protection is provided for traditional and online package holidays as well as for the looser combinations of travel which had previously been out of scope. Of course, we must be mindful that the regulatory landscape will need to be able to adapt to future changes in our relationship with the EU, but we will also retain flexibility in the ATOL regulations to adapt to future changes in our relationship, thus ensuring that we continue to have strong consumer protections in place as we leave the European Union. These measures will ensure that the scheme remains fit for today’s world, a world in which digital technologies are offering increasing opportunities for consumers to select the way they purchase a holiday.
Moving on to some of the other questions that were asked, my noble friend Lord Flight reflected on his Burma experience. I hope that he has now recovered from his back operation and his problems with insurance. It is important to say that the ATOL scheme is not designed to replace holiday insurance and we do not want to give consumers the impression that it should or might do so. People should still take out holiday insurance, ideally before they book their holiday, which for its relatively modest cost provides the considerable protections they will need above and beyond the ATOL scheme. Arrangements for flight-only and for airlines are regulated separately, and I am sorry that my noble friend was not able to take advantage of them with his Burma experiences. I am not sure that there are any package holidays to Burma that would be covered by the ATOL regulations.
In response to the point made by the noble Baroness, Lady Randerson, no distraction is intended from any other worthy causes. She got her points in about Brexit anyway, so maybe she could cut and paste them and repeat them in the Brexit debate later this afternoon and save everyone the trouble of listening to them again, worthy though they were. She also asked about drones and lasers, a point also raised by the noble Lord, Lord Rosser. I announced just before the start of the summer vacation the measures we intend to take on drones. We are currently working on further measures to deal with the scourge of laser pens. I cannot be more specific on a timescale at the moment, but I assure the noble Lord that as soon as we can we can provide precise timings I will do so, but we recognise the threat and have published measures on what we intend to do on drones. We will act as soon as is possible.
The noble Baroness, Lady Randerson, also said she thought there was a degree of irrelevancy about the Bill. I am afraid I do not agree. We need to have protection measures in place. As I said, it will exist long after we leave the EU. We were 20 years in advance of the EU package travel directive and our protections will remain in place afterwards.
The noble Baroness raised so-called regulatory shopping. This is a concern, but we have seen no evidence of it so far. Indeed, the package travel directive in many respects implements what we already have in the UK, so it will make it less likely that companies can move to a lower-regulation environment in the rest of the EU. It will raise guarantee standards in countries such as Spain effectively to what we already have in the United Kingdom, so it will prevent the problems associated with Lowcost Holidays that I mentioned earlier.
The noble Lord, Lord Rosser, and the noble Baroness, Lady Randerson, mentioned the new trust arrangements. They are right to do so. I hope I will be able to reassure them. We have no plans to establish any other trust schemes beyond what we already have. Indeed, in response to the noble Baroness’s question, we have £175 million in the ATOL scheme, but there have been periods when it has been in deficit. I think I am right in saying that up until 2011 the scheme was in deficit and the Government needed to provide a guarantee for a loan to be taken out to refund failures at that time. Since then, we have had proportionately fewer failures and proportionately more people paying in, so the fund is now in considerable surplus.
We have no plans to change the contribution, but we propose to give ourselves the power to respond innovatively to changes in the market. As I said, we have no plans to do so but it is possible and we would not want to exclude the ability to establish new trust fund arrangements if new and innovative models were to be produced. If we did, we would consult extensively with the scheme providers in the CAA, and with package tour operators, various internet firms, et cetera. Of course, such arrangements would be subject to affirmative resolutions in both Houses.
To pursue the point on the purpose of Clause 2, the Minister has said the Government have no plans at present, but then goes on to refer to possible changes in the future. Will he give some examples of the changes that might take place that would necessitate using the powers under Clause 2?
I suppose the short answer to that question is no. If I knew what innovative solutions and changes might come up, we would allow for them now. For example, if a particularly new and what we would consider riskier form of package could be developed, we would maybe want to set up a larger contribution protection than the £2.50 that applies to other schemes. As I said, we will consult extensively with all providers and with the CAA, and the arrangements will be subject to the affirmative resolutions of this House. As I said, these models have not been developed yet, so we do not know what they might be, but we think it prudent to allow for the possibility that they may be developed in the future, even though we have no plans to do so at the moment.
I believe I have responded to all the questions I was asked—somebody will no doubt shout if I have not.
The Minister may feel he has answered this already, in which case he will obviously say so, but I asked about the secondary legislation, what consultations have already taken place and with whom, and what consultations are currently taking place. I also asked about the production of an impact assessment, because the concern is that there may not be proper consultation or an impact assessment, and we shall have just an affirmative resolution for what are, or could be, quite extensive powers and changes.
As I said, we can give an undertaking to consult extensively if we propose to do this in the future. I will write to the noble Lord with details of any consultations that have already been carried out; I hope he will consider that an adequate response. I think I have responded to the points that others put to me and I ask the House to give the Bill a Second Reading.
(6 years, 10 months ago)
Grand CommitteeThis text is a record of ministerial contributions to a debate held as part of the Air Travel Organisers' Licensing Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
First, I thank the noble Lord, Lord Rosser, and the noble Baroness, Lady Randerson, for their co-operation on this matter. I will address the amendments first and then come on to their specific questions about Monarch and other issues.
I recognise the purpose of Amendments 1 and 2 and we have looked very closely at the legal implications of both of them. I understand and recognise the intention to ensure that ATOL protection covers flight-only bookings and linked travel arrangements. Amendment 1 would remove subsection (3) from Clause 1. I will explain why this has been included in the Bill. It is quite complicated so I will go through it. It clarifies the extent of the Secretary of State’s powers to exempt businesses from holding an ATOL when they are selling flight-only tickets. It is not changing the status quo; it is merely adding clarity about exemption from the ATOL scheme.
I think there is a small amount of confusion here. Airlines selling airline tickets are already exempted from ATOL in primary legislation—the Civil Aviation Act. What we are referring to here is ATOL holders—for instance, travel agents—selling an airline ticket. The ATOL protection applies from the moment the travel agent takes your money off you—you might choose to pay for it in instalments—until the airline actually issues the ticket, when you become a customer of the airline and part of the EU 261 compensation arrangements. Your money is protected while it is with the ATOL holder—the travel agent—until it is converted into an airline ticket, when you become the responsibility of separate regulations. Under the Civil Aviation Act, airlines are exempt from ATOL provisions.
Noble Lords may be aware that Section 71(1B) of the Civil Aviation Act already provides a specific exemption for airlines selling flight-only tickets on their own aircraft. This exemption recognises that airline operators are already subject to separate licensing requirements, set out in EU law. Member states do not have discretion to impose additional requirements.
Separately, the Civil Aviation Act also includes a wide power under Section 71(1A)(b) to make further exemptions in the ATOL regulations. This power is not expressly limited in any way in the Civil Aviation Act. However, arguably the presence in the primary legislation of the specific exemption for airlines selling flight-only tickets could be misinterpreted as narrowing this wider power. That is why we have introduced Clause 1(3) to clarify the relationship between these existing exemption powers, and remove any scope for misinterpretation. We believe there is a benefit in having this clarity in law and, as I say, the presence of the airline exemption already exists in primary legislation. If the noble Lord’s concern is that the Government intend to remove flight-only sales from the ATOL scheme, I can provide an assurance that the Government have no such plans. If the noble Lord’s aim was to bring airlines within the ATOL scheme, this amendment would unfortunately not achieve that. We would need to amend the Civil Aviation Act in order to do that.
The noble Lord’s second amendment would add linked travel arrangements and flight-only to regulation 17(1) of the ATOL regulations, which sets out the types of travel arrangements that require an ATOL certificate. I should make it clear that flight-only arrangements are already covered in regulation 17(1)(a), and we do not have any plans to change that. To accept this amendment would therefore duplicate what is already in place.
With regard to the proposal to add linked travel arrangements to regulation 17(1), once this legislation is in place we will introduce regulations to make provision for insolvency protection and the provision of information for linked travel arrangements, as required by the package travel directive. Indeed, work is already under way to draft the package travel regulations and the ATOL regulations to effect this change. The ATOL regulations will be published in draft for consultation. I am sure noble Lords would agree that it would not be appropriate to pre-empt that process by making a change now to the regulations without such consultation, as proposed by this amendment. In summary, if the noble Lord’s concern is that the Government intend to remove flight-only sales from the ATOL scheme, I am happy to provide an assurance that the Government have no such plans. If the noble Lord’s aim was to bring airlines within the ATOL scheme, this amendment would not achieve that aim. I hope therefore that he will withdraw Amendment 1.
I turn to the questions that the noble Lord, Lord Rosser, posed. He asked what percentage of the ATOL scheme would be taken up by linked travel arrangements. It is hard to say definitively but our estimate at the moment is a very small percentage. Part of the reason why we want to consult with industry before we introduce the regulations is that it is not entirely clear what a linked travel arrangement actually is. The directive expands the scope of the package travel arrangements, and the extension of the ATOL scheme will of course take effect for that regulation.
The noble Lord asked why linked travel arrangements are not included in the Bill and which clause deals with them. The Bill extends the ATOL powers but they are used to apply these arrangements throughout the European Economic Area. As such, all clauses apply to linked travel arrangements, and we will implement them in secondary legislation later on in the year when we have consulted with industry.
The noble Lord asked if we will be establishing a new trust for linked travel arrangements. The Government, together with the CAA, are still assessing the best way to implement linked travel arrangements that include a flight. We will consult on more detailed proposals later in the year. BEIS recently completed a consultation on the implementation of the package travel directive, and the responses to the consultation are currently being analysed. The consultation closed on 25 September.
The noble Lord asked about extending ATOL to flight-only. The ATOL scheme does not apply to airlines, as I said earlier, when they are acting as a flight-only provider, which are specifically exempted from it under primary legislation. Such airlines are subject to separate EU regulation and licensing arrangements, which include financial fitness requirements. We are not proposing to make any changes to the arrangements at this stage.
The noble Lord, Lord Rosser, and the noble Baroness, Lady Randerson, asked about Monarch. As I said in repeating the Statement yesterday, we believe the circumstances are unique. Monarch was quite a large airline—the UK’s fifth largest—and the circumstances were unique in that, even if we had not agreed to the repatriation package for non-ATOL holders, there was insufficient capacity available in the market so that people who had insurance cover, credit card insurance et cetera would not have been able to purchase alternative flights to bring them home. Because of the scale of the collapse and the time of the year when this occurred, there was insufficient capacity available and therefore there was a very real danger of British citizens being stranded. In those circumstances we thought it was right to step in and fund the repatriation effort, although we are currently in negotiations with ABTA and the credit and debit card companies to try to recoup some of the costs. We hope that the particular set of circumstances that applied in the Monarch situation will never be repeated.
With the answers that I gave to the noble Lord, Lord Rosser, I would be grateful if he will agree to withdraw Amendment 1 and, on the basis that Amendment 2 duplicates what is already in place in respect of flight-only and pre-empts what we will shortly consult on with respect to the relevant regulations, I hope he will agree not to press it.
I am sure it will come as no surprise to the Minister to know that since we are in Grand Committee I will withdraw the amendment, but I would like to raise one or two questions in the light of the response.
I gather from what he said that nobody quite knows what linked travel arrangements are. I only mentioned them in the amendment because the Minister used the phrase at Second Reading when he said the Bill:
“will also extend the scope of protection to a new concept of linked travel arrangements”.—[Official Report, 5/9/17; col. 1840.]
I had assumed that as the Minister referred to linked travel arrangements the Government would know what they were talking about. I now understand that people are still trying to find out what linked travel arrangements are. If I understood him correctly—and I have not heard any other argument why there should not be a reference to them in the Bill—the Government’s reluctance to put them in the Bill is because they would not know exactly what they were putting in because they do not know what linked travel arrangements are and therefore what they might be committing themselves to. Perhaps the Minister could say whether that is a fair analysis or synopsis of the reply he gave on that point.
Since the Government have expressed a lack of enthusiasm for it, I also asked what would be the cost of extending compensation arrangements or ATOL protection arrangements to flight-only passengers. I did not get a response. It may be that the Government do not have a figure. Clearly, it might impose additional costs. My only comment is that when additional costs are imposed on public sector services, the argument is usually that they will have to be found from within the budget and from efficiency savings. Presumably the same argument might be used elsewhere if the Government chose to do so. I would like the Minister to clarify his response. I got a bit confused, I readily admit, not because the Minister expressed it badly but probably because my powers of taking things on board are not as great as they might be. As I understood him, he did not say that the Government could not introduce compensation arrangements in relation to flight-only passengers, whether ATOL protection or something else, because of EU regulations but that the Government do not wish to do so. Perhaps the Minister can confirm that if the Government wanted to do it, they could, but if they do not want do it as opposed to being unable to do it because of EU regulations, that makes their estimate of the cost even more significant.
The Minister has indicated a lack of enthusiasm on behalf of the Government for going down the road of protection for flight-only passengers. Where does that sit with what was said in the Monarch Airlines Statement? We were told that,
“our effort will turn to working through any reforms necessary to ensure that passengers do not find themselves in this position again. We need to look at all the options—not just ATOL”.—[Official Report, 9/10/17; col. 46.]
Surely one of the options must be a similar kind of protection package for flight-only passengers, bearing in mind that the great bulk of Monarch passengers were in that category. Is the Minister saying, only two days after Monday’s Statement, that one of the options has already been shut down?
Let me try to clarify the issues. The fundamental reason we are extending the ATOL scheme to cover linked travel arrangements is that the concept of linked travel arrangements is introduced by the EU directive. We had slight difficulty in defining exactly what that is in our discussions yesterday with the noble Baroness, Lady Randerson.
Let us assume that the Rosser family are going on their annual holiday and so book airlines tickets. Within the website used to book the airline tickets, they may be offered a hotel or car hire at the same time. They might be offered those at the behest and specific recommendation of the low-cost airline or through a Google advert placed on the website but with no direct connection to the airline. In the first instance, if you follow up purchasing an airline ticket with booking a car and a hotel, and you do it within 48 hours, it might be a linked travel arrangement. In the second instance, if you respond to an advert placed on the same webpage, it may not be a linked travel arrangement.
The answer to the noble Lord’s question is: we are attempting to define what a linked travel arrangement is through consultation with the industry. The concept itself was introduced in the EU directive. As someone who has taken part in many late-night trialogue sessions at the end of the process of EU legislation, I can see why sometimes the drafting of EU directives is not as good or forthright as it should be.
The package travel regulations extend the definition and scope of what a “package” comprises. From informal discussions that we have had so far with the package holiday companies, we think that the vast majority of products they sell would be covered under either the old or new definition of a package holiday. On their current business models, a very small percentage would potentially be linked travel arrangements. As part of the directive, the information provisions would have to make clear to a customer that if they were signing up to a linked travel arrangement, there may be a lesser standard of protection than that provided by the package holiday directive for those who have purchased a package holiday, which would be guaranteed under the ATOL scheme. I hope I am explaining it well—it is rather complicated, and the noble Lord can come back to me if he wants further clarification.
The noble Lord asked whether we are prevented by EU regulations from extending the ATOL scheme to airlines. My understanding is that we could extend it to airlines—no doubt I can write to him if I have the wrong impression—but to do that we would have to change primary legislation, because the Civil Aviation Act states that airlines are exempt.
Turning to ATOL-protected flight-only booking providers, which we are talking about in this Bill, they are concerns such as high street travel agents. As well as being able to sell package holidays, they can also sell flight-only products. Obviously, before the airline actually issues the ticket, the customer would have ATOL protection in case the travel agent or the high street provider goes bankrupt in the meantime. Once the ticket has been issued, the customer becomes subject to the separate provisions of the EU 261 compensation regulations.
With regard to the Monarch situation, we still have a few days left in which to finish the rescue operation, and I am pleased to say that so far it is going well. On the face of it there are no easy answers to this situation. Of course we could extend ATOL protection to every airline ticket that is sold in the UK, but no doubt the noble Lord will have received the same representations as I have from airlines and others complaining about the impact of air passenger duty and how it makes the UK travel and airline market uncompetitive in many respects, although there are other issues around what might happen in Scotland or Northern Ireland. If we were to extend the insurance scheme to every airline, in effect that would just increase air passenger duty because we would be adding an amount to every airline ticket. That would apply to every airline operating from the UK or anyone transiting through this country, including Emirates, American Airlines and every other operator that travels through the UK. Many are in very robust financial health and people would already have an element of protection through the EU 261 directive.
There are no easy answers to the Monarch situation. The other area that we could look at, but which is outside the scope of the ATOL Bill before us today, would be the insolvency regulations. We can ask whether it is possible to arrange the orderly wind-down of an airline so that it can continue to operate. Again, however, that has some potential problems, not the least of which is creditor action. As soon as an aircraft is abroad in a foreign airport, if creditors know that an airline is in financial difficulties and they want payment for services upfront, they typically impound airplanes and refuse to allow them to return to their home country. It is a potential avenue that we could look at and we are not ruling anything out. We will examine all the possible ways of protecting the taxpayer in the future, but there are no obvious solutions to prevent this happening. However, I should say that we are not aware of any other airlines that might cause us anxiety at the moment.
I am not surprised that the Minister has not been able to give us an estimate of what the cost would be of extending the ATOL provision to all flights, obviously including the Monarch situation. I assume from that that the Government do not have a figure. I take it from what the Minister has said that the reference in the Statement to all options being looked at still stands, including the options in one form or another that we have been discussing in this debate. On the basis that I have not misunderstood the Minister and that all options are genuinely being looked at, I beg leave to withdraw the amendment.
Perhaps I may provide some clarification. EU law actually prevents us from adding additional licensing provisions that go beyond EU law in the case of the licensing provisions of airlines.
My Lords, this sensible amendment should be added and I fully support it.
I start by saying that I fully endorse the purpose of the proposed new clause. In the coming years we will be embarking on major changes in our relationship with Europe, and it is very difficult to predict where the negotiations will end up. Therefore, it is important to begin by offering assurances that the Government would want UK consumers to continue to enjoy strong protections and an effective consumer regime, whether inside or outside the EU. I am sure that is something that all parts of the Committee can agree on. The UK has always been a leader when it comes to providing protection for holidaymakers. After all, as the noble Baroness said, we set up the ATOL scheme in UK legislation several years before the original package travel directive was agreed in Europe. That is a significant point. It means that the ATOL legislation is not dependent on the package travel directive. This Bill will harmonise ATOL with the package travel directive in the immediate term. However, the ATOL legislation and the protection will still exist and remain in place as we leave the EU.
Notwithstanding this, I fully understand why this amendment has been proposed in order that we consider the ongoing impact on consumer protection as we leave the European Union. However, this is catered for in the legal and policy framework already in place. There is already a legal duty on the Government to review under the Small Business, Enterprise and Employment Act 2015. This places an obligation on us to undertake a post-implementation review within five years of passing legislation.
Furthermore, we already have an independent review body in place to provide an ongoing review of the financial protection available for air travellers. The Air Travel Insolvency Protection Advisory Committee— or ATIPAC, the snappy acronym by which it is more commonly known—was set up by the Labour Government in 2000. Its purpose is to provide advice to the Civil Aviation Authority, the Air Travel Trust and the Secretary of State for Transport on policies that should be pursued to protect consumers. The committee consists of representatives of industry, consumers, the CAA and Trading Standards. This means that it is very well placed to provide an informed and independent view on policies. The committee already submits a substantial report to the Secretary of State every year, which is also published on the CAA and ATIPAC websites. This report should draw to the Secretary of State’s attention any concerns on which, in ATIPAC’s view, further action is necessary to maintain strong consumer protection. This includes advice on changes in the market and, where appropriate, their potential impact on consumers and the financial protection arrangements.
I am sure that the committee is already minded to keep a close eye on consumer protection, both before and after we leave the EU. In fact, my colleague the Minister of State for Transport in the other place, the right honourable John Hayes MP, has already asked the committee’s chair, John Cox, to consider this precise point in the ATIPAC 2017-18 annual report. These reports will be submitted to the Secretary of State within four months of the end of each financial year and will, as I said, be published on the CAA and ATIPAC websites at the same time.
I turn now to the specific questions posed by the noble Baroness, Lady Randerson. How do consumers know what is or is not a linked travel arrangement? The package travel directive specifies that businesses must inform the consumer whether or not they are purchasing an LTA before they make the purchase. Given the complications that I referred to in my previous answer, the way this will be done in practice will be considered in the consultation that we will publish later this year.
The noble Baroness also asked what will happen to this Bill if we leave the EU with no deal. ATOL will continue, as the amendment states, and this House will decide on any changes that are to be made, deal or no deal. The Government remain committed to strong consumer protection and will continue to be so after Brexit.
In the light of those answers, I hope the noble Baroness will withdraw her amendment.
I thank the Minister for that answer. The Air Travel Insolvency Protection Advisory Committee—a name which does not trip off the tongue of everyone in the pub at the weekend—reports to the Secretary of State. Is that report published? Has that report ever been debated in Parliament? If it has, what is the process to enable a debate about the annual report from ATIPAC?
I am very pleased to hear that there will be consultation. Can the Minister assure us that when the regulations are eventually produced they will reflect the need not just to follow the letter of the law but to give clear and prominent information to consumers about what they are purchasing and that there will be a way of ensuring that people are made much more aware of the difference between using PayPal and credit cards on one side and debit cards on the other?
I fear that we all get used to clicking on terms and conditions. We gave up reading the small print many years ago because it is carefully designed to deter all but the most obsessive and leisurely person. We need some kind of widely recognised industry standard that is easily understandable to people who do not devote their lives to consumer protection issues so that they know the difference between one sort of package of measures they are buying and another. I wonder whether the Minister is able to give some reassurance on that.
I think I am able to provide the reassurance that the noble Baroness is looking for. ATIPAC reports are published on the CAA and ATIPAC websites, but if the noble Baroness would find it helpful I would be happy to place a copy in the Library of the House to make them more widely available. I am not sure that many people would want to read them, but I am happy to do that if the noble Baroness would find it useful. I am not aware that the report has ever been debated in this House or the other place, but time is made available for general debates and Opposition day debates and I am sure that through discussions among the usual channels time could probably be made available for a debate on the topic. I cannot give a commitment on behalf of the House authorities, but if the noble Baroness wishes for such a debate, I am sure her party leadership could pursue those discussions.
The noble Baroness made a very good point about information provision. Consumers need to be kept fully informed about the differences—whether it is a linked travel arrangement or a package that they are purchasing—and the relevant levels of protection that will apply. That is something that we want to explore in the consultation. As I said, the linked travel arrangement is a new concept, introduced by the directive. It is not entirely clear exactly what one would comprise at the moment. In the consultation that we will be issuing on the draft regulations, we will want to explore how consumers could be made aware of and kept informed about the difference in levels of protection. We are adding an additional level of complication into what is currently a relatively simple, well-understood scheme. The information provisions exist in the directive and we will be looking to implement those through secondary legislation in the public consultation that we will hold. I hope that answers the noble Baroness’s question.
I thank the Minister for his answer. I am happy to withdraw the amendment.
This amendment would enable the Secretary of State to require the—now well-known from our previous debate—Air Travel Insolvency Protection Advisory Committee, within two years of the Act coming into force, to,
“review the impact on UK consumers of booking a holiday through an EU-based company rather than a UK-based company”,
and require the Secretary of State to lay such a report before both Houses of Parliament.
As we know, the Bill updates the Air Travel Organiser’s Licence so that it is harmonised with the 2015 EU package travel directive. In so doing, the Bill extends ATOL to cover a wider range of holidays and protect more consumers. The expectation is that UK travel companies will be able to sell more easily across Europe, since in future they will need to comply with protections based not in the country of sale but in the country in which they are established. The purpose of the amendment is to provide a degree of certainty that there will be a review, in this case via the Air Travel Insolvency Protection Advisory Committee, of the impact of the ATOL revisions to help ensure that there are no adverse impacts on UK consumers using EU-based companies, since the intention and objective of the Bill is to improve the range and extent of the protections available.
There is a possibility that with the change to EU-based companies having to comply with ATOL-equivalent insolvency protections applicable in the member state where a business is based, rather than in the country of sale, such companies selling holidays to UK consumers may not offer the same ease and lack of expense of processing a claim which are afforded by the ATOL provisions that would apply to a UK company. It appears that some half a million passengers could be affected.
The review referred to in the amendment would enable hard facts to be obtained on the impact of this legislation on UK consumers booking holidays through EU-based companies, and the extent to which the protections offered, the processes and timescales for securing recompense and the costs involved differ from our ATOL arrangements. With that information available, the Government would be in a position to make informed decisions on what further action, if any, could be taken or pursued to help ensure that UK consumers using EU-based companies were either not disadvantaged or at least made aware beforehand that they were liable to find themselves in a less favourable position.
A broadly similar amendment was pursued on Report in the Commons. The Minister there appears to have taken some 40 minutes over his reply, taking interventions like there was no tomorrow, some 15 of which were from his own Back-Benchers. One, as the debate reached its pinnacle, was as follows:
“May I say to my right hon. Friend, with the seriousness and candour that the moment demands, that he is a bright flame on a dull and grey afternoon to which the moths of Parliament are being drawn?”.—[Official Report, Commons, 11/7/17; col. 234.]
The Minister’s response was to wonder whether anyone else wanted to intervene in a similar vein. One could take the view that in the Commons the Government were regarding the whole debate on the amendment as a joke. Alternatively, one could take the view that, since a vote was coming at the end of the debate, the Government were playing for time because they were not sure whether sufficient of their troops had yet returned to be confident of their winning the vote. Since there will not be a vote on this amendment as we are in Grand Committee, I hope to have a more adult debate than the Government promoted in the Commons.
When the Government Minister commented in the Commons on a broadly similar amendment to the one we are discussing now, he said:
“It will be for protection schemes in other member states to provide the protections for UK consumers to which the amendment refers. Because that is not our responsibility—we do not have the power that the amendment suggests that we should have—I am not sure that the amendment works on a technical level”.—[Official Report, Commons, 11/7/17; col. 226.]
I am not sure what power suggested in that amendment the Commons Minister was referring to, but his comment was not exactly encouraging. However, despite having said that the issue referred to in the amendment in the Commons was not our responsibility, the Government Minister in the Commons went on to say that the Air Travel Insolvency Protection Advisory Committee, which provides advice to the Civil Aviation Authority, the Air Travel Trust and the Secretary of State on the protection of consumers, would receive a letter from him asking it to review the implementation of the changes provided for in the Bill. They presumably include the impact on UK consumers of booking a holiday through an EU-based rather than UK-based company.
However, the promise of a letter to the ATIPAC from a Minister who had already declared that the matter is not our responsibility is frankly not sufficient. This is a serious issue with potentially serious consequences for passengers, as recent events relating to Monarch Airlines have shown. We need something on the face of the Bill which, while not compelling the Government to require the review from the ATIPAC, makes it much more difficult for the Government not to proceed down this road, and certainly would in a situation where complaints were coming in from passengers booking a holiday through an EU-based rather than UK-based company, over arrangements and procedures on insolvency protection. I beg to move.
My Lords, please forgive me if I repeat a number of the points that I made on the previous answer, as this covers the same ground. We are proud that we have always been a leader when it comes to providing protection for holidaymakers. We set up the ATOL scheme in UK legislation several years before the original package travel directive was agreed in Europe. That is the significant point. It means that the ATOL legislation is not dependent on European legislation. The Bill will harmonise ATOL with the package travel directive in the immediate term. However, the ATOL legislation and protection will still exist and remain in place as we leave the EU.
I fully understand why this amendment has been proposed, in order that we consider the ongoing impacts on consumer protection as we leave the EU. As I said earlier, this is already catered for in the legal and policy framework in place. As referred to by the noble Lord, Lord Rosser, during the Commons passage of the Bill, my colleague the Minister of State for Transport, the right honourable John Hayes, wrote to the Chair, John Cox, to consider this precise point in ATIPAC’s 2017-18 annual report. I am sure that they are already minded to keep a close eye on consumer protection both before and after we leave the EU. In fact, these reports will be submitted to the Secretary of State within four months of the end of each financial year and will be published on the ATIPAC website.
The noble Lord, Lord Rosser, also asked about HMG’s problem of our UK passengers purchasing from EU businesses. If a travel business is established in Europe, it will be able to sell holidays to consumers in the UK without ATOL protection. However, it would still be obliged to have in place insolvency protection that meets the strict requirements of the new directive. This protection will be broadly similar to ATOL and will need to cover both online and traditional package holidays.
In light of the explanation that I have given and the scrutiny and the annual review already in place, I hope that the noble Lord will feel able to withdraw his amendment.
I am disappointed but not surprised by the answer that I have received. One issue will relate to EU-based companies that are selling holidays here but which are required to conform to requirements in their own nation. What will the process be for obtaining that compensation and protection? What expenditure may have to be incurred by a UK resident who has purchased a holiday through an EU-based company? Those processes and procedures, and the cost of going through them, may well be rather more extensive than might apply in relation to a UK company under our own ATOL arrangements. That aspect of it has been rather ignored in the answer given. We come back to a situation where the Government seem willing to write letters to people and to stand up and say in one of the Houses of Parliament, “Yes, we intend to do this”, but when it comes to being asked to put their words on the face of the Bill so that everybody can see their commitment, making Ministers much more accountable, and being required in this case to place the report before both Houses of Parliament, the Government resile from such a suggestion without giving a proper justification as to why it would be inappropriate or unworkable. I am disappointed with the reply, since I think that the Government could have gone further, but I beg leave to withdraw the amendment.
I again endorse the purpose of the amendments because carefully crafting policies and the regulatory framework is the key to good governance. The Government have no plans to change the current Air Travel Trust deed. The rationale behind this clause responds to the travel sector’s view. In the light of responses to our consultation last year, the Government are proposing to take the power to establish additional trusts to give them the flexibility to make separate provision—
I hate to interrupt the Minister, but a Division has been called in the Chamber. The Committee stands adjourned until 5.15 pm.
My apologies for the delay: when you walk through the Lobby, you get trapped by Members wanting to talk to you about various issues. I return to the two amendments. In light of the responses to our consultation last year, the Government are proposing to take the power to establish additional trusts to give them the flexibility to make separate provision for different types of risk, or different business models. The impact of failure can be significant, as we have just witnessed in the failure of Monarch Group, to which Members have referred. This makes the need for regulatory flexibility vital for market efficiency and consumer certainty.
This change has the potential to make the scheme’s operation easier for industry to apply and more robust for the consumer. The new looser types of package arrangement called linked travel arrangements are the most obvious example. Currently, we do not know how the industry will react to this innovation and whether riskier products will appear that might require us to separate the trust arrangements. Richard Moriarty from the CAA said in the evidence session when this clause was part of the Vehicle Technology and Aviation Bill that,
“it would be prudent and sensible for Government to have the flexibility to respond to that”.—[Official Report, Commons, Vehicle Technology and Aviation Public Bill Committee, 14/3/17; col. 65.]
There is already a legal duty in Section 71B of the Civil Aviation Act which places a requirement on the Government and the Civil Aviation Authority to consult if we introduce regulations under Section 71A. Like my right honourable friend John Hayes, Minister of State for Transport in the other place, I am happy to give the noble Baroness a commitment today that there will be a thorough impact assessment and consultation before we use these powers.
Throughout the ATOL review process we have consulted on the basis of impact assessment. In 2012 we changed the Civil Aviation Act to better reflect current market practice. In 2013 we launched a call for evidence on our long-term review of the ATOL scheme. Last year we consulted on the very changes to the Civil Aviation Act that we are discussing today, and shortly we will launch a series of consultations on the detailed regulations that will follow the Bill. As noble Lords can see, each stage of this work has been the subject of extensive impact assessments and consultations every step of the way. Indeed, both the Civil Aviation Authority and the industry’s leading trade body—ABTA—have commended the Government’s approach to reform. We will be working closely with them and consulting with industry as and when we develop plans to implement this clause. Given that the Government are already obliged by Section 71B to consult on the use of these powers, it is not necessary to introduce a further requirement in the manner described, particularly when we are midway through an extensive process of consultation and engagement, which has been commended by those involved.
The noble Lord, Lord Rosser, asked whether the requirement to consult is for all ATOL powers. The regulations under Section 71A of the Civil Aviation Act include a requirement to consult for all the powers. The noble Baroness, Lady Randerson, asked whether the Government’s action to repatriate passengers under the Monarch scheme undermined the ATOL scheme. I think she has an arguable case. I hope she is not suggesting that we could segregate people in overseas airports and say, “You are protected by ATOL and you are not”. As I have explained, the Monarch situation was an exceptional collapse. There was insufficient capacity on alternative airlines. Had it happened at a less busy time of the year, it may not have been necessary for the Government to step in and get people home. We looked at the particular circumstances of that airline, the sheer number of passengers involved and the lack of available capacity on alternative airlines to get people home.
However, it is important to say that the ATOL scheme is an important part of the rescue operation. It will help refund the repatriation costs for the ATOL-protected passengers and they will also be covered for additional accommodation and subsistence costs if they are delayed beyond their original date. ATOL protection will also ensure that any protected passengers who are yet to travel with Monarch will receive a full refund. As I mentioned earlier, the Government will be seeking the recovery of costs from card providers—both credit cards and debit cards—and the travel industry has also been asked to contribute towards the costs of the operation. I understand the concentration on the Monarch collapse but those were exceptional circumstances and, as I said in my Statement yesterday as well as earlier today, we would not want to be hamstrung by that in future.
I will not say that the Minister has dismissed this—that was not the way he did it—but he referred to the Monarch Airlines scheme as being exceptional, somehow in the hope that it will not happen again, and I am sure that hope would be endorsed, but the Monarch Statement given on Monday said that the Government’s,
“efforts will turn to working through any reforms necessary to ensure that passengers do not find themselves in this position again ”.—[Official Report, 9/10/17; col. 46.]
So the Government have to produce measures and proposals that will ensure that if there is another circumstance like Monarch Airlines, passengers do not find themselves potentially stranded without any protection and the Government do not have to pay the cost of getting them home. That is the commitment the Government have given, is it not? The Government can say that Monarch is exceptional, but they have committed themselves to making sure that there are measures that prevent passengers being stranded not knowing whether the cost of bringing them home will be paid for. The Government are committing themselves to measures to ensure that that cannot happen and that there will be certainty for passengers that the cost of getting them home will be met.
As we said in the Statement, we will be looking at the feasibility of extending the ATOL scheme. I referred earlier to some of the difficulties involved in that. We have also said that we will look at the insolvency regime, but that does not necessarily provide an easy answer. We are looking at the circumstances. We are still in the middle of the repatriation operation, but we will look at the circumstances and see whether there is anything we can do that would obviate the need for government to step in in future.
I have given reasons why these amendments are unnecessary, along with assurances, particularly with regard to full consultation and providing impact assessments. The Government have a good record in this area, which I have already outlined. We have consulted on these and all previous changes and have produced impact assessments, so I hope that the noble Baroness will withdraw her amendment and the noble Lord, Lord Rosser, will not move his amendment.
I thank the Minister for his detailed answer. I entirely understand that the Monarch situation was unusual, but every situation is in its way unique. I appreciate the dilemma the Government found themselves in. I was simply exploring the basic principles on which the compensation system is based. I will read the record carefully, but I am still to be fully convinced by the Minister’s response in relation to the need for additional trust funds. If he is able to give us any further information about the Government’s plans in relation to that, not this afternoon, but in writing, it would be helpful.
I am grateful for the Minister’s confirmation that there will be an impact assessment, but I wonder whether he can confirm now in one or two words what he means when he says that the Government will shortly launch a consultation on detailed regulations associated with this Bill. What does “shortly” mean?
I cannot say it in two words, but would “before the end of the year” help clarify what I mean?
That is very helpful. As ever, the House of Lords has been able to deal with this important issue with more brevity than the House of Commons, and I am happy to beg leave to withdraw the amendment.
(6 years, 10 months ago)
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In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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My Lords, I have added my name to this amendment because I felt that it raised some important issues for the Government to look at. I also felt it would be genuinely useful if the views of the Government on the progress made so far were put on record.
At the time of the failure of Monarch Airlines the Minister, in his Statement to the House, emphasised that it was the largest repatriation since D-day. But I put in contrast what the airline industry said in my discussions with it: that Monarch was a small airline and that the problems would arise if a big airline were to fail. Of course, those I spoke to believe that their whole industry is in robust health and that Monarch is definitely not an example of its state generally. The point is that, as the noble Lord, Lord Rosser, has just said, airlines have failed before and undoubtedly, at some point in future, something like this will happen again.
We are looking here at whether the Government have set some kind of precedent by bringing everyone back, for understandable and excellent reasons. I think everyone supports the way that was done and the reasons for doing it. But the point is that if and when it happens again people will expect a similar response and, for that to be possible, there needs to be a scheme. The consumer understands that there is a need for a scheme and understands the ATOL scheme. What the Monarch passengers probably did not understand was why some of them were covered by something and others were not. In the end, the Government need to look at the new ways of working—the new ways in which travel is offered—and present a new scheme which covers them. In the days when the ATOL scheme was devised, package holidays covered a huge percentage of the market. That is very much less the case now.
It is also important to look not just at the passengers who are affected by this. One airline’s failure can often adversely affect a number of package holiday operators. If one airline fails, several package holiday operators will find their business seriously affected. There is a serious knock-on effect within the industry from this and it needs to be addressed. I shall listen to the Minister’s answer with interest.
I thank the noble Lord, Lord Rosser, and the noble Baroness, Lady Randerson, for their contributions and for the constructive way that they have approached the Bill. I am extremely grateful to them and I recognise the purpose of Amendment 1 —to ensure that ATOL protection covers flight-only bookings made through airlines—but the simple fact is that the proposed amendment would not achieve that aim.
Before I turn to the subject of the noble Baroness’s amendment, which is about information to consumers, let me go through again the business of linked travel arrangements, which I know is causing some confusion—not least to us in the department. As I said to her when we discussed this privately, it was inserted into the directive and a lot of work is going on to work out what it actually is.
The package travel directive has broadened the scope of a package, so it is now clear that protection should apply when customers book customised combinations of travel online. As the noble Baroness outlined in her speech, it is not at all clear what a linked travel arrangement actually is. It is obvious if there is a direct advertisement on a flight website for a linked hotel and that hotel is promoted by the airline directly and is on the same web page. That, it seems to me, is an obvious linked travel arrangement. However, as we know, and as the noble Baroness has discovered in her meticulous research, on the internet, many adverts on webpages have no connection whatsoever with the originator of the webpage. They are placed by advertising companies, principally Google, among others, and the originator of the page has no idea what adverts are appearing on their page. So if you click on an associated advert, that would not necessarily be a linked travel arrangement, but how is the consumer supposed to differentiate between those two things?
Those are the issues we are grappling with at the moment: trying to come up with a definition of a linked travel arrangement and to implement it in regulations. As the noble Baroness said, the directive introduces information provisions to ensure that consumers have a good awareness of the kind of product they are buying, and we are consulting extensively with the industry to try to ensure that that is the case.
Turning to the subject of the amendment, I recognise the purpose of the proposed new clause and the need to ensure that consumers are better informed about consumer protection when they make a booking. This is well-intentioned and entirely in keeping with the Government’s wish that passengers should have a robust level of protection, and that their rights should be communicated to them in a timely and clear way.
However, I do not think that this is the right approach at this time. Let me explain why. First, we need to be mindful that package holidays and linked travel arrangements often do not involve a flight. They could involve a journey by road, rail or sea, so the Civil Aviation Act 1982 is not the most appropriate place for such an obligation. The UK already has regulations in place through the package travel regulations, which cover package holidays across all modes. We are in the process of updating these regulations alongside the Bill to extend them to cover linked travel arrangements, in line with the EU package travel directive.
This brings me to my second point. The new clause would unnecessarily duplicate the new information requirements in the EU package travel directive. The directive has introduced new information provisions which are designed to improve information for consumers. This sets out the specific information that must be provided to consumers about the type of product they are buying and the corresponding level of protection. This must be provided to the consumer both before and after they buy a package or a linked travel arrangement. We have recently completed a consultation on the directive, which proposed that the information provisions will be brought into force in 2018, through changes to the package travel regulations. We are also planning to retain the ATOL certificate alongside these new requirements to help reinforce awareness of consumer protection.
Finally, I fully accept the need to understand the lessons learnt from the Monarch failure, which I outlined earlier to the noble Lord, Lord Rosser, and to respond in the right way. We have to understand the issues that need to be addressed and whether we can make sensible changes to the laws. That is why we are undertaking an internal review, so that we can bring forward solutions that are feasible and have been assessed as being practically enforceable. As the Secretary of State said in his Statement in the other place,
“I do not want us to rush into doing something without doing the ground work properly. We need to look carefully at what has happened, learn the lessons and make any modifications necessary. I assure the House that that is what we will do”.—[Official Report, Commons, 9/10/17; col. 40.]
It is quite possible, of course, that additional information requirements will follow from that review, but it is important that we consider the options and ensure that the steps we take are the right ones and that they both work in the UK and are compatible with EU law.
I therefore believe that an amendment to introduce legislation of this nature—however well-intentioned the noble Baroness is—is premature. So, in summary, if her concern is that the Government are not taking steps to ensure that consumers are informed about consumer protection when they book a trip, I hope she can take comfort that we are ready to make provision through the package travel regulations and the ATOL certificates to do just what she has asked for. In addition, we will of course also consider consumer awareness as we review the lessons learnt from Monarch and, as I said earlier, as we develop our aviation strategy. Therefore, in the light of the assurances I have been able to give her, I hope the noble Baroness will withdraw the amendment.
I thank the Minister for his response. I will certainly watch carefully as the Government respond; I am sure that they are working hard on this. My concern is largely with the consumer, but it is also with travel operators, because it is important that they be able to succeed as much as possible. Consumer confidence is an essential part of that. A simple sentence on a website saying that it is a particular type of arrangement is cheap, easy to organise and involves minimal effort for the companies concerned. It is an easy way to provide additional confidence for consumers. Having said that, I am happy to withdraw the amendment.