Draft Aviation Safety (Amendment) Regulations 2024
(1 day, 14 hours ago)
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The Parliamentary Under-Secretary of State for Transport (Mike Kane)
I beg to move,
That the Committee has considered the draft Aviation Safety (Amendment) Regulations 2024.
It is a pleasure to serve under your chairmanship, Dr Huq. I will not burst into song, if that is okay. The draft regulations were laid before the House on 23 October.
As a member state of the International Civil Aviation Organisation, 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 ICAO. As a member state, we are obliged to implement any amendments made to SARPs in domestic law, unless it is impractical to comply or not relevant to our system. Where that 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 are filed by the UK either because legislative changes are yet to be undertaken or are in progress, because they are legacy differences inherited from assimilated EU regulations that we will incorporate over time, or because they are not appropriate for the UK system.
The objective of this statutory instrument is broadly twofold. First, by updating UK law to comply with amendments to annexes 6 and 14 to the convention on international civil aviation, it will ensure that domestic aviation law meets an internationally agreed level of aviation safety. The updates pertain to enhancing fuel planning systems; to widening the scope of all-weather operations—that is, the ability of aircraft to take off and land in low-visibility conditions; and to improving flight crew training and checking. There are also updates to new and continuing airworthiness requirements relating to safety management systems.
Secondly, the statutory instrument corrects and supplements amendments to assimilated law made by the Aviation Safety (Amendment) Regulations 2023. It also reinstates two provisions that were erroneously removed by the Aviation Safety (Amendment) (EU Exit) Regulations 2020.
Before I turn to my closing comments, I draw to the Committee’s attention some minor typographical errors that have been identified in the statutory instrument since it was laid before the House. A correction slip has been issued to amend the errors and the corrections have been incorporated into the draft regulations. At the request of the Secondary Legislation Scrutiny Committee, a revised explanatory memorandum has also been laid, which now includes a link to the Civil Aviation Authority’s consultation response document on all-weather operations and fuel planning and management.
We must continue to ensure that aviation remains among the safest forms of travel, and that the safety of the travelling public is a key and No. 1 priority for everyone in this room. Some of the provisions in the draft regulations introduce new ways of using pre-existing technology, with the aim of increasing efficiency while maintaining safety standards. The provisions also correct errors to make it certain that regulations are clear. By upholding our commitments to implement international aviation safety law, we maintain both high aviation safety standards and our reputation as a world leader in aviation safety.
Before I finish, I put on the record—I am sure I speak for everybody in the room—our sadness at the crash in Vilnius yesterday and the death of the pilot of the DHL flight. Safety should, for many reasons, always be top of our priorities. I commend the draft regulations to the Committee.
Jerome Mayhew (Broadland and Fakenham) (Con)
It is always a pleasure to serve with you in the Chair, Dr Huq. I join the Minister in his words about the poor pilot of the DHL plane that crashed in Vilnius. If we needed further reminding of the importance of aviation safety, that provides it.
The draft regulations are not contentious and I reassure Government Members that I do not intend to call a Division on them. They are eminently sensible. We could go through them regulation by regulation, but in essence the Civil Aviation Authority has got out of step with the International Civil Aviation Organisation and its SARPs, the consequence of which is that, without the regulations, UK-registered aircraft cannot use more sophisticated systems and equipment. That applies both on board the aircraft, for the management of fuel and other systems, particularly to deal with low-visibility landing, and in respect of the ability to take advantage of infrastructure on the ground at aerodromes to assist in those processes.
Chapter 1 of part 2 of the draft regulations deals with instruments used for flying in poor visibility; chapter 3 deals with improvements to mandatory crew training that are associated with the relevant activities; and chapter 4 includes regulations to require improved aerodrome facilities for low-visibility conditions. There is also provision relating specifically to the use of helicopters and related infrastructure. They are all good improvements and will they help to keep the UK up to date internationally and maintain our reputation as being at the forefront of aviation safety. For those reasons, the Opposition will support the draft regulations.
There are, though, inevitably a few questions on which I would like further information from the Minister, and I will be grateful for his response. First, will the Minister have a look at the rationale behind the impact assessment of the reduced fuel load required? One of the key rationales for the regulations is to allow for more efficient flight plans and, as a consequence, for the carrying of less fuel, as a safety factor, while maintaining the same or increased levels of safety. Because there is less fuel in the aircraft, it has less weight and therefore burns less fuel.
In the cost-benefit analysis that accompanies the draft regulations, it is assessed that, across all operators of UK-registered aircraft, only £12.3 million-worth of fuel is likely to be saved. I had a quick google to find the fuel cost just for British Airways in 2023, and that single operator spent £3.83 billion on fuel. If it is estimated that the entire sector is to save just £12.3 million, it appears that the regulations, while well meaning, are not going to have any significant effect at all in what we want, which is a reduction in carbon burn, a reduction in costs and an increase in efficiency. Will the Minister confirm whether it is his understanding that the benefits are de minimis? Or is there scope for further improvement that the impact assessment does not identify?
Secondly, on the same issue, does the Minister recognise that if it is true that only £12.3 million will be saved through incremental changes, a much greater saving of both carbon and fuel costs would be achieved by a reorganisation of air traffic control routeing? I think particularly of minimising, or ideally preventing, the issue of stacking around airports and the associated congestion.
Thirdly, I will come back to congestion around airports in a moment, but before that I turn to section 14(5) of the Retained EU Law (Revocation and Reform) Act 2023. Paragraph 6.10 of the explanatory notes says that
“where changes are made to secondary assimilated EU law using section 14 of the REUL Act, the overall effect of the changes made by it under that section…should not increase the regulatory burden.”
The majority of the section 14 provisions relate to the imposition of criminal offences under the draft regulations, and the impact assessment confirms that they do not significantly increase the regulatory burden. But there is a lacuna in the impact assessment, because it identifies that there are some section 14 provisions that do not impose a criminal sanction, yet there is no assessment as to whether the rule requirement under section 14(5) is satisfied. Will the Minister confirm that there is no increased regulatory burden as a result of the non-criminal sanction provisions affected by clause 14(5)? That seems rather technical, but it would be useful to make sure that we are compliant with the existing legislation.
Finally, the Prime Minister has just returned from COP29, where he burnished his international credentials—in his view—by committing to an 81% reduction of greenhouse gases by 2035. Now, that is all very well, but in the sixth carbon budget the Climate Change Committee identified that if we are to reach that target, it can be done only by the restriction of passengers and airport capacity. Will the Minister say whether it is now Government policy to restrict any net increase in airport capacity? If it is, which airport that is currently in operation will be further restricted to allow for the increased capacity anticipated by the expansion of London City airport, which the Government have just allowed?
Mike Kane
I congratulate the hon. Member for Broadland and Fakenham on his elevation to his current position and look forward to working with him over the years to come. I had quite the turnaround in my three years of opposition, so I hope he stays longer than some of his his predecessors. It is great to welcome him. I recently spent some time with him in Northern Ireland, where we had an extraordinarily good fact-finding trip and did some relationship building with the Executive there. He should always be proud of the work his father did as Secretary of State to bring peace to our islands.
I thank Members for their consideration of the draft regulations. The hon. Member for Broadland and Fakenham asked me a number of questions, the first of which was about impact assessments. A full impact assessment was submitted with and published alongside the explanatory memorandum on the Government legislation website, so I direct him to that. It assesses the impact of amending the legislation to align with the latest ICAO SARPs concerning fuel planning and management.
The hon. Member asked about fuel. We do not think there will be significant carbon savings based on this SI, because only a few large operators will take advantage of the new fuel schemes, and only in some limited circumstances. However, I direct the hon. Member to our manifesto commitment on sustainable aviation fuel, for which we have already laid the mandate for 2%, starting on 1 January 2025, which I signed into law just the other week. That will start to grow a sustainable aviation fuel industry in the UK and begin to decarbonise our skies.
On the stacking issue that the hon. Member rightly talked about, our second key manifesto commitment was on airspace modernisation. If only we could get our planes to fly in a straight line and not in circles, we would immediately begin to decarbonise our skies. There is an easyJet plane that flies from Jersey to Luton and probably emits about 35% more carbon than it should because of the route it has to take, because we have an analogue system in a digital age. The Government are hugely committed to our two key manifesto commitments on decarbonising our skies.
On section 14 and the regulatory burden, we consider that the overall effects of the changes made under this IS will not increase the regulatory burden in this particular area. New Members should know that this is a “take back control” SI. We were a member of the European Union Aviation Safety Agency but we came out of it, and now we have to do the typos ourselves. That is the power we now possess. It would have been done elsewhere and on somebody else’s dime.
On the Prime Minister’s huge commitment on the 81%—I said at a conference the other day, “Where did he get the 1% from? Where’s that particular saving?”—the Government have embarked on an ambitious project with our missions, and we have to do it because the climate is changing. I run the lighthouses in this country, and our operatives could spend less time at sea. Storm Bert this week meant that my journey took four hours instead of two, because of flooding and damage. We have emitted trillions of tonnes of carbon. We cannot afford to begin to emit that much again. We have to change. I am sure Members from all parties agree that the international situation is getting more dire by the day. We have to become energy secure. The commitment to do that by 2030 is hugely key.
The safety of aviation and the travelling public is a priority for this Government, as it is for every Government—
Jerome Mayhew
I know the Minister was trying hard to answer all my questions, but he may have forgotten to clarify the Government’s position on airport capacity, so I will give a second opportunity.
Mike Kane
The hon. Member mentioned the Climate Change Committee’s recommendation that we should consider a demand-management system; we will formally respond to the CCC on that in the new year. My view is that Mr and Mrs Jones in my constituency should be able to take their annual holiday in Europe because they have worked hard all year.
We have never, on our side of the House, talked about demand management; I wonder whether it is a new policy of His Majesty’s official Opposition—[Interruption.] I hear the hon. Member saying from a sedentary position that it is not. It is hugely important that we decarbonise our airports, our maritime sector and our airlines, and we are doing that through our manifesto commitments on the sustainable aviation fuel mandate over the years ahead and on the airspace modernisation projects. Airports themselves are the easier bit to decarbonise, and most of them have a strategy to decarbonise themselves over the next few years. The hard part of the equation will always be the things that take off and land at our airports. There will be no demand management on this side of the aisle.
The safety of aviation and the travelling public is a priority for the Government. The Department for Transport is committed to ensuring that aviation remains safe. As part of that work, the draft regulations form part of an important legislative programme that implements international aviation safety standards in domestic law. Furthermore, the implementation of international law ensures that the UK remains a world leader in maintaining aviation safety standards and meeting our obligations. With that, I commend the draft regulations to the Committee.
Question put and agreed to.