Tuesday 19th November 2024

(1 month ago)

Commons Chamber
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Motion for leave to bring in a Bill (Standing Order No. 23)
13:58
Daniel Francis Portrait Daniel Francis (Bexleyheath and Crayford) (Lab)
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I beg to move,

That leave be given to bring in a Bill to make provision about the accessibility of air travel for disabled passengers; to make provision about the powers of the Civil Aviation Authority to enforce accessibility requirements; to remove the limit on compensation for damage to wheelchairs or other mobility equipment on domestic flights; and for connected purposes.

I seek to introduce legislation to create stricter regulations for airports and airlines to ensure that they can facilitate the smooth journey of disabled passengers to enter the airport, navigate security, board the aircraft and have a safe journey before disembarking at their destination. The Bill aims to grant greater powers to the Civil Aviation Authority to fine airports and airlines for not complying with regulations to accommodate disabled passengers. It also aims to provide adequate compensation to them and to promote further accessibility in future development in the aviation industry.

Accessibility in air travel is not just a matter of convenience; it is a matter of rights, dignity and equality. It is about ensuring that everyone, regardless of their mobility or physical condition, can enjoy the freedom to travel—whether for work, family or leisure —without facing undue barriers or discrimination.

I pay tribute to Baroness Tanni Grey-Thompson, and thank her for spending time last week to discuss with me her direct experience of these issues. I also pay tribute to the Secretary of State for Transport for announcing this month that she is setting up the aviation accessibility task and finish group. That group, to be chaired by Baroness Grey-Thompson, will report back next summer, and will be dedicated to examining the current legislation. It will report on how to break down barriers in order to make air travel better and more accessible for disabled passengers.

My Bill aims to assist with implementing any recommendations, as well as addressing existing issues relating to fines and compensation. I place on record my thanks to Sophie Morgan, Christopher Wood and their colleagues at the Rights on Flights campaign for their work to raise awareness of these issues. Since its creation in 2023, their group has campaigned admirably on accessibility in air travel. My Bill takes into account their work in designing a proposed assisted air travel Act that recommends extending the accessibility and rights of disabled people in air travel. I am grateful for their continued support in the creation of my ten-minute rule Bill.

All too often we hear stories and see videos of wheelchair users being forced to crawl through or off an aeroplane because of a lack of equipment, knowledge and space on board. I am grateful to Frank Gardner, who, like Sophie Morgan and Baroness Grey-Thompson, has highlighted those issues and his own experiences. Such experiences are sadly also shared by blind and sight-impaired passengers. Research conducted last year by Which? showed that the most inaccessible or challenging acts of air travel are navigating the airport, arranging assistance to board and disembark the plane, and getting to and from the airport. The issues of accessibility can occur at check-in desks and security, alongside a lack of clear signage and inefficient procedures. Once passengers have boarded the plane, the issues begin to manifest tenfold for disabled passengers.

The current design of many aircraft does not meet the needs of disabled passengers. There is often inadequate space for wheelchair users to navigate the cabin, and facilities such as accessible bathrooms are limited or non-existent on many flights. Although airlines may offer assistance to board and disembark, the quality and availability of that assistance can vary drastically from one airline to another, and there is little, if any, regulation. Making airports legally liable for the bad treatment and discriminatory practices against disabled passengers would give consumers the ability to sue airlines for disability discrimination. Many air carriers do not provide the space or the safety requirements for a passenger to fly in their own wheelchair. To facilitate that, wheelchair blocks should be included to allow wheelchair users to remain safely in their chairs throughout the flight.

Many of those changes will be an ongoing development in new aircraft, and should also feature wider aisles, larger accessible bathrooms and priority seating for those who require special assistance. I accept that a number of leaders in the field are working to design a new range of airlines that will redesign aircraft to make that part of the journey experience easier. Those who are able to get on to a plane in the first place are often left with the worry of their wheelchair being damaged in transit or because of a lack of knowledge among airport staff. It is therefore paramount that a single set of rules and regulations be applied to all airlines, to promote better knowledge among airport and airline staff and to minimise the risk of damage to wheelchairs and mobility scooters.

It is of paramount importance that a passenger can quickly access and use their mobility equipment once they have reached their destination, but that is hindered by any damage sustained, so measures must be put in place to ensure that air carriers and airport-managing bodies have the means to transfer securely and stow mobility aids. That would avoid all forms of hand-carrying of power wheelchairs and other large mobility aids, minimising the risk of damage and the risk of injury to staff. It also requires further training for airport and airline staff on assisting disabled travellers from the airport to the boarding of the plane. Staff must also be provided with training on manoeuvring disabled passengers and their mobility equipment in an emergency.

There needs to be more consistency in the accessibility services provided by airlines and airports. Too often, the quality of service can vary from one airport or airline to another, and that inconsistency leads to confusion and delays for passengers. We need clearer, standardised protocols that can be relied upon by all. The CAA is responsible for the regulation of aviation safety in the UK, but it is inhibited in that because it lacks the power to fine airlines. Instead, it must rely on taking businesses to court to force them to uphold passenger rights. It is therefore imperative that a suitable compensation and penalty charge scheme is introduced, with new legal rights for complaint-handling, reporting, and enforcement procedures. That would include plans for the CAA to be able to issue financial penalties to airlines that fail in their obligations to disabled travellers, and would ensure that the CAA has legal powers to fine airlines and other actors in the air travel sector if they fail to look after disabled passengers and their mobility devices, whether any harm is due to damage or neglect. That would help to create an equal basis in air travel for disabled people.

Airlines and airports typically have their own claims procedure to follow, which leads to a lack of cohesion and often to more confusion and difficulty for consumers in navigating the process. The combined outcome can lead many consumers not to claim for their owed compensation. In November 2024, the CAA’s independent panel recommended new consumer enforcement powers and reformed alternative dispute resolution schemes. Without the necessary enforcement powers, consumers face lengthy waits to receive assistance and are often misinformed about their rights, and the CAA does not have the powers to investigate concerns.

Currently, the amount of compensation available through those complex rules may be limited to around £1,300, but many wheelchairs are worth six or seven times that amount. The issue is exacerbated by the fact that although airports should be responsible for providing a temporary alternative when a wheelchair or mobility aid is repaired or replaced, that does not have to be on a like-for-like basis. As the parent of a wheelchair user, I fully appreciate the issues outlined by campaigners. Like others, my family have decided for many years that flying would simply be too much hassle, and that the distress of a damaged or lost wheelchair at the end of a flight is too upsetting to consider.

Every person should have the right to use an aeroplane for leisure, family or work purposes. However, the current facilities of airports and airlines, and the CAA’s lack of powers, prohibit disabled passengers from accessing aviation travel. My Bill is applicable to all carriers—domestic and foreign—undertaking flights within, from and to the airspace of the UK, as well as to all airports within the UK. The Bill’s provisions extend to tour operators, ground handlers, service providers, stakeholders and subcontractors involved in providing goods and services to disabled people travelling within or through the United Kingdom.

The Aviation (Accessibility) Bill would make the necessary changes to the law to ensure that airports and airlines are better able to provide facilities for disabled passengers and allow them to access air travel safely. I commend the Bill to the House.

Question put and agreed to.

Ordered,

That Daniel Francis, supported by Mr Calvin Bailey, Richard Baker, Antonia Bance, Ruth Cadbury, Jen Craft, Marsha De Cordova, Steve Darling, Mary Kelly Foy, Ruth Jones, Anna Sabine and Melanie Ward, present the Bill.

Daniel Francis accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 4 July 2025, and to be printed (Bill 134).