Monday 3rd July 2017
(7 years, 4 months ago)
Commons ChamberAir Travel Organisers' Licensing Act 2017 View all Air Travel Organisers' Licensing Act 2017 Debates Read Hansard Text
The Minister of State, Department for Transport (Mr John Hayes)
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.
Mr Speaker
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.
Mr Hayes
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.
Alan Brown
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?
Mr Hayes
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.
Kelvin Hopkins (Luton North) (Lab)
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?
Mr Hayes
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.
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
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?
Mr Hayes
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.
Mr Gavin Shuker (Luton South) (Lab/Co-op)
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?
Mr Hayes
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.
Lilian Greenwood (Nottingham South) (Lab)
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?
Mr Hayes
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.
Kelvin Hopkins
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?
Mr Hayes
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.
Iain Stewart (Milton Keynes South) (Con)
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.
Mr Hayes
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.
Kevin Foster (Torbay) (Con)
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?
Mr Hayes
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.
Andy McDonald (Middlesbrough) (Lab)
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.
Mr John Hayes
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.
Andy McDonald
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.
Andy McDonald
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.
Mr John Hayes
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.
Andy McDonald
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.
Mr Hayes
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.
Andy McDonald
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.
Robert Courts
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—
Mr John Hayes
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.
Robert Courts
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.
Patricia Gibson (North Ayrshire and Arran) (SNP)
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.
Mr John Hayes
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.
Patricia Gibson
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.
The Parliamentary Under-Secretary of State for Transport (Jesse Norman)
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.
Jim Shannon
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?
Jesse Norman
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.