Aviation Safety (Amendment) Regulations 2024
(1 day, 20 hours ago)
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Lord Hendy of Richmond Hill
That the Grand Committee do consider the Aviation Safety (Amendment) Regulations 2024.
Relevant document: 6th Report from the Secondary Legislation Scrutiny Committee
The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)
My Lords, these regulations were laid in draft before this House on 23 October 2024. They amend existing aviation safety regulations to update certain provisions, and cover matters including: new requirements for altimeter checks; modernising fuel schemes and fuel planning; all-weather operations; improvements to flight crew training and checking; and safety management systems. These regulations will bring UK law into alignment with amendments to international law, upholding our international obligations, as well as making corrections and amendments to assimilated law.
I start by providing some background information about these regulations. As a member state of the International Civil Aviation Organization, or ICAO, the UK has agreed to implement international standards and recommended practices—SARPs—in domestic law. SARPs are technical specifications for aviation safety contained in annexes to the Convention on International Civil Aviation and adopted by the ICAO. As a member state, we are obliged to implement any amendments made to SARPs in domestic law unless impracticable to comply or not relevant to our system. Where this is the case, member states must file a difference notifying the ICAO that there are discrepancies between SARPs and domestic law. The majority of differences filed by the UK are either because legislative changes are yet to be undertaken or are in progress, are legacy differences inherited from assimilated EU regulations that we will incorporate over time, or, as mentioned, they are not appropriate for the UK system.
The draft regulations will bring UK law into alignment with amendments to Annexes 6 and 14 to the Convention on International Civil Aviation. Annexes 6 and 14 contain SARPs relating to the operation of aircraft and aerodromes respectively. The updates pertain to: enhancing fuel planning systems; widening all-weather operations—the ability of aircraft to take off and land under low-visibility conditions; improving flight crew training and checking; and updates to new and continuing airworthiness requirements around safety management systems. It also corrects and supplements amendments to assimilated law made by the Aviation Safety (Amendment) Regulations 2023. The regulations also reinstate two provisions erroneously removed by the Aviation Safety (Amendment) (EU Exit) Regulations 2020. These draft regulations were supported by the previous Government and were due to be laid in July this year. However, due to the general election, they were laid in October.
On the detail of the regulations, the draft regulations introduce the concept of fuel schemes for commercial air transport which requires fuel planning both pre and in-flight to ensure the minimum fuel level required for an aircraft to remain airborne and land safely, and provides greater flexibility for operators by moving these requirements to guidance published by the Civil Aviation Authority. It also clarifies the rules for helicopter fuel planning, including safety-related issues around refuelling with rotors running. The regulations also allow for the use of advanced technologies available to pilots, such as enhanced flight vision systems, when flying under low-visibility conditions, and improves existing mandatory crew training and checking requirements for air operators.
The draft regulations also correct errors arising from, and make further amendments to support those made by, the Aviation Safety (Amendment) Regulations 2023, which were made to implement international standards relating to safety management systems. Although the irregularities and inconsistencies in the regulations introduced by the errors have not caused a safety issue, the department acknowledges that the errors could impact the ease of use of the regulations by industry. The draft regulations therefore correct the errors to avoid any confusion that could lead to a safety issue in the future.
Turning to scrutiny from the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee, I am pleased to say the draft regulations were cleared by the Joint Committee. At the request of the Secondary Legislation Scrutiny Committee, a revised Explanatory Memorandum has been laid, which now includes a link to the Civil Aviation Authority’s consultation response document on all-weather operations, fuel planning and management.
Before turning to my closing comments, I bring attention to some minor typographical errors identified within the draft regulations since they were laid. A correction slip has been issued to amend these errors, and the corrections have been incorporated into the draft regulations.
We should continue to ensure that aviation remains among the safest forms of travel, as the safety of aviation and the travelling public is a priority to the Government. These draft regulations represent a further step in ensuring this remains the case. Some of the provisions in the draft regulations introduce new ways of using pre-existing technology, which are done with the aim of further improving aviation safety. They also correct errors to make certain the regulations are clear. Moreover, by upholding our commitments to implement international aviation safety law, we maintain not only high aviation safety standards but our reputation as a world leader in aviation safety. I beg to move.
Lord Glenarthur (Con)
My Lords, I am grateful to the Minister for his explanation of this fairly deep document and all that it contains. I should declare an interest because I have many years’ experience, both as a military helicopter pilot in the 1970s and 1980 and in the late 1970s and 1980s with British Airways Helicopters, as they were. I have been for many years involved with the British Helicopter Association. It used to be the British Helicopter Advisory Board, of which I was chairman—I forget for how long but for about 12 to 15 years—and I have been president of the association for about 14 years.
Can the Minister confirm that the BHA, the British Helicopter Association, was consulted on these matters? Can he also expand on what is in these regulations about the potential viability of point-in-space operations, which apply particularly to aircraft conducting emergency service work, often in the Highlands and Islands or out to sea? Because of the unavailability of the European satellite system—which we were able to use but, now we are out of the EU, we cannot—the facility and flexibility for helicopters, and no doubt other aircraft as well, to use these particular forms of approach is now put in peril. I know consideration has been given to this, but I very much hope that something can be done. One of the last points I should like to make is that the flexibility of the helicopter to undertake operations in that sort of way is unique. Those of us who have been involved with the emergency services and other areas would hate to see that diminished in any way, because science has moved on enormously since I became involved in it all in the late 1970s and early 1980s. I hope that the Minister can give some comfort to me on that.
Lord Kirkhope of Harrogate (Con)
My Lords, I want to intervene briefly. I declare my interests. I am a holder of a current private pilot’s licence and a former director of one of our airports. This is a particularly interesting set of measures. I want to ask just a couple of questions and point out one or two things.
Of course, we all welcome the improvement in technology. Technology has come to the aid of, and provides a much safer environment for, those who pilot and operate planes, the airport operators themselves and, of course, passengers. But we are currently going through an enormous shortage of commercial pilots. Training is rightly being more elaborated, but I wonder whether we have sufficient facilities for training pilots in this country. I know it is slightly off beam, but my understanding is that a number of the major operators—I think easyJet is one—are having to train their pilots elsewhere because of a lack of training facilities here in this country. That is rather worrying and not good for this country’s economy. Will the Minister make a comment on that?
The Explanatory Memorandum refers to the instrument allowing general aviation, in which I partake,
“to make use of instrument flight rules”,
which have not been available before. I think we are all aware of the fact that this country is enormously dense when it comes to flying, and there is a lot of danger, particularly in a congested area such as the south-east of England. I published a report of an inquiry I did on lower-airspace controls because of this issue. Most of us involved in general aviation do not operate under the IFR; we operate mostly on a visual basis, although some of us do have instrument capabilities. This extension, referred to in the Explanatory Memorandum but to which I cannot find further reference—perhaps I am not looking sufficiently well at the text—does not seem to have been elaborated on much. I would be grateful if the Minister could comment further on that, perhaps after taking advice.
Other than that, I must say that I am very pleased that we are producing these regulations and maintaining our international standing in aviation.
Lord Young of Cookham (Con)
My Lords, unlike my two noble friends, I do not have a pilot’s licence—I will not respond to the shortage referred to by my noble friend Lord Kirkhope by applying for one—but I was caught, as I went through the document, by Regulation 4(21). It says:
“‘fuel scheme’ means a scheme for the use of fuel or energy that is a basic fuel scheme, a basic fuel scheme with variations or an individual fuel scheme”.
That is amplified in the Explanatory Note, where apparently energy is added to fuel. It says:
“The concept of ‘energy’ is a new addition throughout the amendments to allow for the use of non-hydrocarbon-based fuels in future”.
On page 7 of the impact assessment, in paragraph 15, we have this explanation:
“In addition, this proposal also introduces the concept of alternative fuel or energy sources other than hydrocarbon-based fuels. Without this change, UK operators will not be able to take advantage of technological advances in the production of alternative propulsion sources for aviation”.
COP 29 is under way at the moment, and I understand that the airline industry is committed to net zero by 2050. It is therefore quite important that we know a bit more about these alternative propulsion sources. My understanding is that sustainable aviation fuels are already available, but is it the case that up to now it has not been legally possible to use these SAFs, because we have not made the change yet and without this change UK operators will not be able to take advantage of technological advances? My understanding is that Virgin Atlantic is trialling plant-based fuels and that recycling cooking oil is one of the alternatives. Is it the case that at the moment one cannot blend sustainable aviation fuel with conventional hydrocarbons but after this instrument we will be able to? Can the Minister say a bit more about the progress being made? Net zero by 2050 is quite a tough target because the aviation industry is one of the tougher ones in which to remove hydrocarbons, so I would appreciate hearing a bit more about what the current position is—the legality of using SAF at the moment—and the prospects of hitting our target by 2050.
Baroness Randerson (LD)
My Lords, first, I thank the Minister for his useful introduction. I stress that I perceive this SI as important because it introduces amendments to bring the UK into line with ICAO standards and practices. It will allow commercial operators to use more advanced and efficient fuel-planning systems, which will lead to the saving of fuel and lower emissions, which is in itself very important indeed, and will lead to significant savings for those operating in the business.
Secondly, this SI will also permit the use of new technology and procedures at take-off and landing in what you or I would call poor visibility but what the aviation sector calls “all-weather operations”—that is a masterful understatement—which will, of course, mean much safer aviation.
Thirdly, this SI will introduce improvements to mandatory crew training and safety checks. I have a question for the Minister: does that tightening up on safety deal in practice with the grey area between commercial pilots and leisure pilots in general aviation? I am sure that those in the aviation industry knew all about this issue, but it first became publicly known after the air crash that led to the death of Emiliano Sala, a player at Cardiff Football Club. It involved a pilot who was not qualified for commercial aviation and not licensed to fly at night. It turned out, according to the news stories, that this was a frequent blurring of the edges; there was general agreement in the House that that should be dealt with. If this SI goes as far as dealing with that blurring of the edges, I would very much welcome that.
There is a general concern that the Department for Transport may have fallen behind on updating aviation legislation, just as it did with maritime legislation, because, according to the report by the Secondary Legislation Scrutiny Committee—I am a member of that committee, although I did not attend the particular meeting that produced the report—we have been out of step with the ICAO requirements for anything from four to 12 years. According to that report, the Department for Transport says that this time lapse has not posed a safety risk. That may be questioned, I think: if one is updating safety legislation in a whole series of bits of legislation, one assumes that one is doing it to make things safer. In any event, this has put UK operators at a competitive disadvantage because, for example, the EU implemented it nearly three years ago.
The Secondary Legislation Scrutiny Committee also states that the UK has filed differences—that means that we are not in alignment with ICAO standards and regulations—in 9% of cases. That is a significant minority. The Department for Transport also told the committee that it was up to date with other international agreements. I am delighted to hear that, and I invite the Minister to confirm it here today. Maybe the department has now had time to look more thoroughly. My concern is the waste of precious time in improving fuel efficiency, but I am also concerned that the UK is not fully up to date with the latest safety techniques, especially in relation to helicopters, which are notoriously complex to fly.
Can the Minister update us on where the new Government stand on our previous withdrawal from the EGNOS satellite system operated by the EU? That is something that we have discussed in this Room on several occasions. The withdrawal from EGNOS has undoubtedly put smaller airports, such as Bournemouth and the Isles of Scilly, at a disadvantage, because they have been unable to operate safely in poor visibility. I would welcome it if the new Government were looking again at that costly decision for the aviation industry. I believe that the problems with training for commercial pilots also involved the issue of access to EGNOS. If the new Government have not addressed that issue yet, I urge them to look at it in detail.
Finally, paragraph 4.9 of the Explanatory Memorandum says that the instrument
“applies to aircraft registered in the UK wherever they are”.
Can the Minister confirm the flip side of that, if I can put it that way—that if an aircraft is operated in the UK, wherever it is registered, it will be subject to the same safety criteria? The same accident to which I referred earlier also revealed, as a result of CAA investigations, that there was a gap between the safety of those aircraft registered in the UK and the standards, for example, of those registered in the USA. Those are legitimate issues of concern.
Lord Moylan (Con)
My Lords, I shall be disappointingly brief. I thank the Minister for arranging a briefing with his officials, and I thank those officials for the time that they gave. Various pertinent questions have been raised in the course of this short debate, and I look forward to hearing the Minister answer them. I had one question that I raised with his officials, relating to the extent and effectiveness of the consultation exercise with the smaller operators in particular. I understand that, if the Minister is unable to give an answer to that this afternoon, his officials are preparing to give a written answer to that question later.
The previous Government prepared these regulations. At their heart is not a question about alignment of texts or legality but the question of safety in practice. We are all agreed that we want aviation to be, as the Minister said, one of the safest modes of travel. It has been for a very long time, and we want it to continue to be so. The Minister has assured us that these regulations represent a further step in ensuring safety in aviation and, on that basis, this side is more than happy to support them.
Lord Hendy of Richmond Hill (Lab)
My Lords, I shall attempt to deal with the questions from noble Lords who have spoken. I will do my best, but some of them will have to be answered in writing, I am afraid. I shall answer in order.
The noble Lord, Lord Glenarthur, asked whether the British Helicopter Association had been consulted. An email went to all UK parties, plus the SkyWise notification for the consultation, and all interested parties had the opportunity to participate in the public consultation. As noble Lords can work out from that answer, I cannot say whether the British Helicopter Association replied, but I am happy to write to the noble Lord subsequently. I will come on to the EU satellite issue in a moment.
The noble Lord, Lord Kirkhope, asked about the shortage of facilities for training pilots. I will have to write to the noble Lord to state the position on that. He also asked about general aviation. I am assured that this is aimed at commercial operators. I will write to the noble Lord about whether we believe there is a gap and, if so, how it should be filled.
The noble Lord, Lord Young, asked principally about sustainable aviation fuels. We discussed the statutory instrument about sustainable aviation fuel with the noble Lord, Lord Moylan, only a few days ago. The Government intend it to be used as part of the airline industry’s move to net zero. My understanding is that sustainable aviation fuel is not made legal by these regulations but can already be used. I will write to him with pleasure to confirm that that is the case. The references to fuel or energy sources are about making sure that these regulations are fit for the future and for the alternative energy sources that might be used to fuel aeroplanes.
The noble Baroness, Lady Randerson, spoke about the grey area relating to the dreadful incident to which she referred. These regulations do not apply to what she described as the “grey area”. Again, if there is a case to write to her to say how that grey area is being addressed, I am happy to do so.
The noble Baroness also referred to issues about getting up to date. I am informed that we need to adhere to international standards and recommended practices and that we have not been aligned to the standards referred to in the draft regulations for between four and 12 years, that we filed differences against all of them with ICAO and that no risks to safety have arisen from that period of misalignment. However, UK operators were at a competitive disadvantage compared with EU member states because regulations similar to those in these draft regulations were implemented there in October 2022. This now brings us up to date.
I cannot deal with the issues that were raised about the EU satellite system, so I will write to the noble Baroness and the noble Lord about them.
Finally, the noble Baroness, Lady Randerson, asked whether this applies to aircraft not licensed in the UK. It does.
I welcome the recognition by the noble Lord, Lord Moylan, of the desirability of ensuring that our airline industry and aircraft are as safe as they can be. I am grateful to him for his assurance that he is as keen on that as we are.
I again thank all noble Lords for attending the debate and for their input. I will write to noble Lords who have raised questions that I cannot answer on this statutory instrument.
Lord Moylan (Con)
Will the Minister send copies of those letters to all of us who have participated in the debate?
Lord Hendy of Richmond Hill (Lab)
I thank the noble Lord for his interjection. Yes, I will do that.
I conclude by saying—as I already have, actually—that the safety of aviation and the travelling public is a priority for the Government. The department is committed to ensuring that aviation remains safe. As part of this, the draft regulations form part of an important legislative programme that implements international aviation safety standards in domestic law. The implementation of international law ensures that the UK remains a world leader in maintaining high aviation standards and meeting our international obligations.