Baroness Kennedy of Cradley Portrait Baroness Kennedy of Cradley (Lab)
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My Lords, in speaking to my Amendment 6, I declare my interest as chief operating officer of Natasha’s Foundation, the UK’s food allergy charity. I thank the noble Baronesses, Lady Grey-Thompson and Lady Brinton, for adding their names to the amendment and the noble Lord, Lord Moylan, for his support on this issue.

As we discussed in Committee, there are far too many barriers to air travel for people with medical conditions, non-visible disabilities and allergy—in particular, food allergy. Amendment 6 asks the Government to recognise this and to ensure that these passengers are covered by the Bill so that they can travel more safely, more easily and with greater confidence. The Government have rightly said that aviation must be accessible to all passengers, and all noble Lords will welcome that.

However important statements of intent are, it is action that matters. Although it is not perfect, that is why I support government Amendment 19, as it should put in place the building blocks for action by the Government that should lead to action by the aviation industry. In supporting it, I want to press my noble friend Lord Hendy of Richmond Hill on four areas. The first is the timeframe for the consultation. I strongly support Amendment 20 from the noble Baroness, Lady Brinton, which would remove what I might call the “We are able to drag our feet” caveat—my words, not the noble Baroness’s. The consultation in Amendment 19 does not have to start for a year and could last for years. The caveat risks giving the impression that the Government intend the consultation to take a long time. I am sure that is not the intention. Therefore, can my noble friend Lord Hendy indicate how long the Government expect the consultation to take and commit to a meeting two months after Royal Assent so that officials can update all interested noble Lords on their plans?

Secondly, and I am sure other noble Lords will echo this, can my noble friend outline how the consultation sits alongside the excellent work of the Aviation Accessibility Task and Finish Group chaired by the noble Baroness, Lady Grey-Thompson? That group met for many months and brought together people with disabilities and medical conditions, including allergy, consumer representatives and the airline industry. Its final report made 19 practical recommendations. The implementation of those recommendations must continue at pace. Many do not require legislation. They require clear guidance, effective policy and willingness from the airline industry to deliver that change. To that end, will my noble friend Lord Hendy arrange a meeting for noble Lords with the co-chairs of the Aviation Accessibility Implementation Group to discuss what can be done now, without waiting for legislation, to improve air travel, especially for passengers with allergy?

Thirdly, from recent conversations with officials and other legal professionals, it is clear that the interaction between the Equality Act and aviation-specific regulation is complex. Regulation 1107 covers disability assistance in air travel, while the Equality Act may apply to allergy and other medical conditions that fall outside that regulation. For example, an airline’s allergy policy could potentially amount to indirect disability discrimination or a failure to make reasonable adjustments if it places passengers with allergy at a particular disadvantage without objective justification. The legal position for passengers and airlines needs clarification. I ask my noble friend Lord Hendy to seek that clarification from the relevant Ministers on how the Equality Act applies to air passengers with allergy and other medical conditions. If there are gaps between the two legal frameworks and legislation is needed to provide greater clarity or protection, can my noble friend confirm that this will fall within the scope of the consultation under Amendment 19?

Finally, I thank my noble friend Lord Hendy for writing to the FSA to clarify the application of Natasha’s law to airlines. When a response is received, whatever the answer, further discussion will be inevitable. If the food labelling rules do not apply, we need to understand why and whether there is a gap to close. Again, I hope that will be part of the consultation under Amendment 19. However, my hope is that they apply, and therefore we need to understand how the FSA, the CAA, passengers and allergy charities can help ensure the rules are properly applied. I therefore hope that my noble friend will be willing to convene a meeting with interested noble Lords, the FSA and other relevant organisations on Natasha’s law and airlines.

Amendment 6 is about ensuring that passengers with medical conditions, including allergy, are not invisible within the aviation accessibility framework. I welcome the progress we have made, both inside and outside the Chamber, and the government amendments in this group. I look forward to my noble friend Lord Hendy’s assurances on the four points I have raised.

Baroness Brinton Portrait Baroness Brinton (LD)
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My Lords, I am grateful to the Deputy Speaker for pointing out that Amendment 25 appears in both this group and the next. I plan to speak to it in the next group. I had hoped that the Minister, the noble Lord, Lord Hendy, might have spoken to his Amendment 18 and to his Amendment 19, to which I have tabled amendments in the next group, in which the noble Baroness, Lady Grey-Thompson, also has amendments. Since that has not happened, I will speak to my amendments to his amendments in this group, although I may also briefly cross-reference them in the next group. But it would be unfortunate if they were debated completely separately.

I thank the noble Baroness, Lady Kennedy of Cradley, for her contribution, and I absolutely support everything that she said. I have seen the consequences at a Lib Dem party conference event where there had been some nuts, not at that event but in the same room at a previous event, and a person reacted very badly. Clearly, Natasha’s law must be implemented and, if the current regulations do not do that, there must be further regulations to make sure that that happens.

I have one amendment in this group, Amendment 22, which seeks to ensure that a disabled or elderly person who travels with a carer is not separated from their carer while they are receiving assistance at the airport. I echo the points made by my noble friend Lady Grender on the importance of how we treat carers more generally.

Since Committee, this issue was brought home to me particularly a fortnight ago in Heathrow terminal 2, where a very elderly couple were waiting. She was in a wheelchair; he was not. They were both concerned about their journey. They were told by the assistance person, in somewhat terse terms, that the assistance person could not take both of them through together, and so the husband had to go back and make his own way through security on his own. He was not even given the usual option of following behind. His wife looked very distressed by this, and he had to reassure her that he would see her in a few minutes. Such behaviour by the assistance staff was uncalled for. The staff member did not even ask whether the husband was able to go through security on his own; nor did she ask whether the wife was okay with that. Had one of them had memory loss—and I suspect that one of them had—this would have been really distressing and difficult. The staff member saw only a wheelchair and an excess person trying to streamline their journey. That is why Amendment 22 is important.

I noticed something else in the “cripple ghetto” in Heathrow terminal 2—I steal the term used by the noble Baroness, Lady Grey-Thompson, but anyone who goes to the assistance area, which I think is a temporary area, knows exactly what it is like. To talk to people waiting there, people have to talk round corners, which is not very clever. More importantly, there is not one space for a wheelchair; I thought that I had found one, and sat there, and then watched as wheelchairs without people in them were wheeled past me and over my toes on one occasion. It was actually the route for other wheelchairs, not mine.

All of this fits very much with my noble friend Lady Grender’s concerns, in Amendments 8, 10 and 11, about people with care-giving duties being provided a remedy for a particular journey through an airport. As I have said, assistance staff should not make assumptions about the non-physically disabled person travelling as a carer.

The Minister’s Amendments 18 and 19 set out the arrangements for a consultation on the protections that should be in place for people with disabilities, reduced mobility and nut allergies, and who should be doing what. Again, I am very grateful for his response on this between Committee and Report. However, as he knows, I have some very specific concerns about the wording, which I raise in Amendments 20 and 23, which seek to amend his Amendment 19, and Amendment 25, which seeks to amend his Amendment 24.

Amendment 20 proposes to leave out the words in brackets at the end of subsection (1) of the new clause inserted by Amendment 19, which state

“(but the Secretary of State need not complete the process within that period)”.

I think that is a real threat that the whole process might be thrown into the long grass, and I hope that the Minister can reassure me that that is not the case.

Amendment 23 seeks to amend subsection (4)(c) of the new clause to be inserted by Amendment 19, by leaving out the word “or”, which appears at the end of line 26, and replacing it with “and”. Retaining “or” would mean that a Secretary of State could choose either not to consult groups representing disabled passengers or not to consult the individual passengers themselves. It may be that consultation needs to cover the lived experience of individuals as well as hearing from the strengths that are available from disability groups. It would be a shame if that were really “or”; let us hope that “and” is possible.

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Baroness Brinton Portrait Baroness Brinton (LD)
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My Lords, I am grateful to the Minister and his officials, who have met with us to discuss issues relating to standards to provide assistance to disabled people throughout their journey and why this desperately needs to be remedied formally. I signed Amendment 5, tabled by the noble Baroness, Lady Grey-Thompson, which specifies a minimum standard for training and service delivery.

I have spoken at length, not just in Committee and at Second Reading but on other Bills and in other debates, about the different approaches taken to the batteries in a wheelchair when you get to check-in. That is one of the areas on which there really needs to be training. When check-in staff do not understand the difference between lithium batteries, which you can and must carry on yourself, and acid batteries—I have two bus batteries on my chair—then you have got a problem, because you cannot have a sensible conversation. That sort of training is vital. Part of the problem is that the moment you start to very politely question the person who is asking, you are deemed to be a trouble-maker and everything goes downhill from there.

It is part of most disabled travellers’ experience to be told repeatedly that they are wrong. I have absolutely found this, even when I was last at Heathrow, a fortnight ago. Staff just knew better until I produced the IATA regulations and showed them chapter and verse on batteries, at which point they had the grace to apologise— but sometimes, they have not done so. I may be very odd, but I always have a copy of the IATA regulations with me.

Amendment 5 would ensure transparency in service delivery, through

“the collection and publication of data regarding … damage”

done to

“mobility aids … and medical and life-sustaining equipment”.

I pick up on the point I made in Committee, when I laid amendments to formalise an informal arrangement for the UK Government’s role in ICAO, which was mentioned in the previous group. It is absolutely vital that the Montreal agreement is reviewed and that the responsibility for regulations is removed from IATA. I find it mind-numbingly astonishing that the trade association for the aircraft carriers is also responsible for the regulations. In no other area would we allow that to happen. ICAO has a key role. I am sorry that it has felt that it did not need to push to act as anything more than a support group for disgruntled people. It needs to go further. It is vital that the Montreal agreement is reviewed and that responsibility for regulations is taken away from IATA.

Finally, Amendment 25 seeks to amend the Minister’s Amendment 24 in this group on matters to which the Secretary of State must have regard. Lines 5 and 6 of the Minister’s amendment refer to

“the desirability of strengthening the rights of persons who purchase or use air transport services”.

We had this debate before, but I know that the Minister will respond to this amendment. I am really concerned; the word “desirability” is or should be redundant. At worst, it weakens the position of disabled passengers, because it sets disabled rights in the wider context of everyone who purchases or uses transport services. As I said earlier, that is dangerous, and I hope the Minister will really try to remedy this. I am worried that it will create a worse problem than we have now—and what we have now is not good enough.

Baroness Kennedy of Cradley Portrait Baroness Kennedy of Cradley (Lab)
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My Lords, I rise briefly to support Amendments 5 and 9, to which I was delighted to add my name.

In truth, we live in an era of rapidly advancing technology, when other industries are bending over backwards to ensure their staff are trained to deliver a high level of quality service with an attitude of respect, and when digital means of communication are being used in abundance to ensure that customers have information that is clear and easily accessible. It is shocking to me that an amendment like this is necessary to ensure that the aviation industry steps up and does what should be standard practice to support disabled people—but it is necessary. The reality is that services for, and the treatment of, disabled people in the aviation industry are woefully inadequate—and they do not have to be. We know the issues and we know what needs to change. We now need to find the legislative framework to deliver that change. I look forward to the Minister’s reply.

Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, I will speak to Amendment 5; it is the only amendment to which I shall speak on Report.

I can tell the House that I have now beaten Frank Gardner’s record for being left on a plane. On 24 June, my flight back from Basel left the city 45 minutes late. We touched down at exactly 9.10 pm at Heathrow. At 9.15 pm the plane came to a stop, the seat-belt signs were switched off and we were parked somewhere out in the sticks. The pilot said that the buses had not arrived yet and would arrive in a few minutes. The first bus arrived 20 minutes later at 9.35 pm. The high-lift wagon to take me and other disabled passengers off did not turn up until 9.50 pm, but it turned up simultaneously with the food wagon. Since the plane was on a turnaround for Budapest, the food wagon was given priority over getting the crippled passengers off. So, at 10.05 pm, I and others were taken off in the high-lift wagon. At 10.12 pm, my wheelchair was loaded. Then we set off on a 15-minute magical mystery tour around various tunnels at Heathrow. At 10.25 pm, I was deposited at a door in terminal 5, and at exactly 10.30 pm I got to passport control. Things then speeded up considerably—but after all that delay, my luggage was still delayed.

That is one example—I have a few more I want to give to the Minister—to show that there are two things in this amendment that are essential: training, and returning the wheelchairs and the bodies to the aircraft door or to where they are supposed to go. I say to my noble friends on the Front Bench: I am not calling for some massive, gold-plated regulatory regime that will bring up costs; I am calling for some of the current law to be enforced and for improvements to be made. Of course, I accept that it will make no difference if we pass some gold-plated regulations here, because the cartel of airline operators that run IATA will simply not adopt it anywhere else in the world.

I will begin with training. I serve on the Council of Europe, and for the past 15 years I have had hundreds of check-ins at countries all over Europe. There has been one occasion only, and it happened last month at Heathrow, where the guy at the BA check-in desk actually had, for the first time ever, the information I supplied at least 48 hours beforehand. Every other time you send the information to airlines—the size of your chair; the weight of the chair; the batteries; blah, blah, blah—when you get to check-in, they do not have it on their computer. Then you get asked questions again and again—and the noble Baroness, Lady Brinton, is right that they are about batteries, batteries, batteries. They are of course right to be paranoid about lithium batteries: if you put a lithium battery in the hold, whether in a wheelchair or in your phone, it is highly dangerous. But there are two types: lithium batteries, which are removable, and all the other bolted-on batteries—the lead acid ones, including the sealed lead acid ones, and the sealed non-spillable ones—which are not removable.

So they ask you, “Is it lithium?”, and you say, “No, it’s not”. Then, “Can you remove it?”, and, “Well, no, you only remove lithium batteries; you don’t remove these”. “But surely you could remove it”; “No, you can’t remove it”. Luckily, one’s wife says, after those questions have been asked 20 times, “Keep your temper; stay nice”—and, on most occasions, I have managed to do so. There is no point getting aggressive, because they have not been trained. I say to the Minister: that is the vital thing—for God’s sake, make sure the airlines tell them about the batteries.

It is time that the whole system changed. It is important that the UK Government do what they can, with their soft power, to start to change the real problem, which is at the level of IATA and the Montreal Convention. Without that, all of our discussions today will not give the important person here—the disabled passenger—the safe and accessible journey that they want.
Baroness Kennedy of Cradley Portrait Baroness Kennedy of Cradley (Lab)
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My Lords, I will speak to Amendment 7 in my name. I declare my interest as chief operating officer of Natasha’s Foundation, the UK’s food allergy charity, which was previously known as the Natasha Allergy Research Foundation.

At Second Reading, my noble friend Lord Hendy of Richmond Hill emphasised that the purpose of the Bill is to strengthen consumer protections and improve the passenger experience. He recognised the importance of accessibility and ensuring that aviation works effectively for all passengers. We have heard passionate speeches from the noble Baronesses, Lady Brinton and Lady Grey-Thompson. My amendment would not only address their issues around reduced mobility but would include non-visible disabilities and medical conditions, such as allergies, so that all passengers—including those with visible disabilities, non-visible disabilities and medical conditions, especially food allergies—can travel safely and with confidence.

I will focus on food allergy today. It is a serious medical condition, where a trace amount of an allergen can trigger a rapid and potentially fatal reaction. If someone is in the air and ingests the food to which they are allergic, they can be unconscious within 30 minutes. Whether they are on a short-haul or long-haul flight, they therefore experience serious difficulties. More than 3 million people in the UK—and around 220 million people globally—are living with a food allergy. This is not a medical condition the aviation industry can afford to continue to overlook.

UK tribunals have recognised that a food allergy can constitute a disability under the Equality Act 2010, where it has a substantial and long-term impact on daily life. Moreover, legal advice commissioned by Natasha’s Foundation concluded that Natasha’s law applies to pre-packaged meals served by UK airlines, and that airlines have a legal responsibility to provide allergen information under UK food safety law. However, in practice, that does not happen: Natasha’s law is hardly ever applied to pre-packaged airline food. Can my noble friend the Minister clarify the Government’s position on Natasha’s law and pre-packaged airline food? Does it apply, and if so—to illustrate the point raised by the noble Baroness, Lady Brinton—who is responsible for ensuring that airlines comply with Natasha’s law and current UK food safety laws? That question covers both UK-based airlines and those that operate within our UK airspace.

As is it clear to many food-allergic passengers, despite the seriousness of their condition and the laws designed to protect them, allergen management is too often treated as an afterthought by the aviation industry. Passenger support is frequently inconsistent. Passengers encounter a reluctance to make reasonable adjustments or to provide any support to help them travel safely and with confidence. Passengers frequently report difficulties sourcing an airline’s policy on allergy. There is hardly ever a list of the support available to them, and it is not clear whether a plane carries spare adrenaline auto-injectors. Food-allergic passengers need to know that information, especially when research suggests that around one in 10 food-allergic passengers reports experiencing an allergic reaction when flying.

Passengers regularly ask the cabin crew for food ingredient lists on a plane. IATA states that the lists should be available to passengers, but they hardly ever are. Even when passengers do everything asked of them and pre-order a special meal, many find that it has not been loaded on to the aircraft, it has been mistakenly given to another passenger or, worse, it contains the food stuff to which they are allergic because there are weak controls over meal supply chains. Unless a provision such as Amendment 7 is added to the Bill, the lack of priority and attention given to allergen management on flights will continue.

The support for food-allergic passengers that we are asking for is not hard to provide, and it is not hard for the aviation industry to make a big difference. My amendment does not impose disproportionate burdens on the industry. It is largely about ensuring better training, information and communication, as well as compliance with the laws that already exist. In brief, Natasha’s Foundation has identified four areas where improvement is needed: leadership, training, policies and food. Airlines need to be asked to publish clear policies, setting out the support passengers can expect. They should be easily available on their websites, communicated before booking and throughout travel, and applied throughout the passenger journey. Simple adjustments, such as announcements on flights or time to pre-board to wipe down food trays, are easy to accommodate in the airline industry, but they are frequently inconsistent. A food-allergic passenger may request them, but that does not mean that the request carries through to the cabin crew on that plane, as they often do not receive the communication that someone is a food-allergic passenger.

All airline staff, as the noble Baronesses, Lady Brinton and Lady Grey-Thompson, said, should receive training. We would obviously say that that needs to be food allergy and anaphylaxis training, how to recognise an allergic reaction and how to use an adrenaline auto-injector. Spare AAIs should be carried on all flights and be available in many different sites across airports. Accurate allergen information must be available for all the food served on board. Natasha’s law should be applied and enforced, and cabin crews should have access to information about the food they serve.

All these recommendations are very much in line with the conclusions of the Aviation Accessibility Task and Finish Group, chaired by my noble friend Lady Grey-Thompson. Natasha’s Foundation thank her for her support, as we were very grateful to have the opportunity to provide evidence, and we were pleased that allergy was recognised in the group’s final report. The group’s recommendations on staff training, passenger information, communication and support for people with disabilities and non-visible disabilities, including allergies, is exactly as the noble Baroness, Lady Brinton, said—we are all trying to do the same thing, because all these conditions need the same thing: information and training.

I therefore hope that the Government will look favourably on the amendment. I also ask my noble friend the Minister to take time to read, before Report, the report from Natasha’s Foundation, Flying with a Food Allergy, and agree to meet the foundation and others to discuss this amendment and the practical solutions that it contains to improve safety, build trust and enhance passenger experience, which is what the Bill should be about.

Lord Holmes of Richmond Portrait Lord Holmes of Richmond (Con)
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I thank noble Lords who have taken part in this debate so far, not least my friends the noble Baronesses, Lady Grey-Thompson and Lady Brinton, who have done so much for disabled people for such a long period of time, despite suffering indignity and discrimination on their own account, often when using various transport modes. It is impressive, and continues to be messaging that Ministers in any and every department should take more than a passing note of.

To take one tiny step back—here I am in danger of giving a bit of a Second Reading speech, but I promise noble Lords that it is purely Committee-stage chat—I want to talk about what is possible. So much of what has been discussed with regard to disabled people goes into the “too difficult” file, or somehow health and safety trumps the rights of disabled people.

At London 2012 we faced the world’s finest elite disabled athletes coming to London—and, whatever we did at the park, the venues, the stadium or the aquatic centre, imagine if we had not looked at the aviation experience, not least at the port of arrival for air, London’s Heathrow Airport. Noble Lords can imagine that whatever we did in terms of athlete experience in the venue and the village would have been as nothing; if we had not intervened, we would have had the world’s finest Paralympians coming to London, and their first experience of London 2012 would have been being pushed through the airport in an airport wheelchair, because it was said at the time that it was too difficult and operationally impossible to repatriate a person’s wheelchair to the door of the aircraft. We were fortunate that we had the power, the brand and the most immovable of deadlines of London 2012 to make that difference.

But the reality is that, no matter how good we planned that golden summer of sport to be, it is as nothing to ensuring, enabling and empowering all disabled people to assert their rights to travel with independence, dignity and respect, or, to put it another way, to have an airline experience equivalent to what a non-disabled person—lucky for them—can just experience and take for granted. I say “experience” because that, I believe, is the most helpful lens to get us to the right position on this. We should think about this experientially before we even make one operational decision in the Bill.

Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2020

Baroness Kennedy of Cradley Excerpts
Thursday 18th June 2020

(6 years, 1 month ago)

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Baroness Kennedy of Cradley Portrait Baroness Kennedy of Cradley (Lab) [V]
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My Lords, this statutory instrument is technical. It makes sure that the Government can ensure that the correct insurance requirements are in place for air carriers and aircraft operators at the end of the transition period. However, as has been noted by my noble friend Lord Foulkes, the deadline for the end of the transition process is fast approaching. With aviation being one of the most heavily regulated industries, there will be a number of SIs in this policy area for Parliament to agree by the end of the year. They must all be done in time for the CAA to prepare and to give airlines the certainty they need after this period of significant upheaval.

Given the understandable delays due to Covid-19, and the limits on Parliament due to social distancing, is the Minister confident that there will be time for proper parliamentary scrutiny, and agreement, of all of the SIs that will be needed to ensure the smooth running of our aviation industry?

I turn now to the issue of aviation insurance. Covid-19 has hit the aviation industry very hard. Hundreds of aeroplanes have been left grounded. Social distancing measures and quarantines, along with low consumer confidence, are creating considerable uncertainty about what air travel there will be in the coming months. Yet I understand that commercial aviation operators have not typically purchased business interruption coverage, nor has it been widely available in the industry. That is why, as we have heard in the debate, discussions about insurance, and in particular business interruption insurance against pandemics, is now a hot topic.

There is interest in exploring insurance solutions to manage the potential impact of future pandemics and other costly disruptions, such as volcanic eruptions and extreme weather. The insurance sector has the capacity to create solutions for these risks. That will take time and will require a high level of commitment and collaboration between airlines, consumer groups, risk advisers and insurance representatives. However, as the world becomes increasingly interconnected, and risk becomes more global and complex, surely now is the time to address this issue by finding a creative solution that can protect passengers and airlines alike. Do the Government have plans to facilitate discussions in order to secure a system that protects airlines and passengers as regards insurance? If so, what conversations have they had with airlines and insurers about a new pandemic-based co-insurance agreement?

Finally, as we begin to look forward to air travel once more, what plans do the Government have to review protections for consumers following the experience of passengers during this pandemic regarding both refund policies and being able to fly safely?

Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020

Baroness Kennedy of Cradley Excerpts
Wednesday 17th June 2020

(6 years, 1 month ago)

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Baroness Kennedy of Cradley Portrait Baroness Kennedy of Cradley (Lab) [V]
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My Lords, in the short time we have today, I want to make three points. First, I understand that this regulation revokes the EU Single European Sky performance scheme for improving air traffic management. Like the noble Lord, Lord Naseby, I would like the noble Baroness to clarify whether it is the Government’s intention to stick to the union-wide performance scheme in the areas of safety, environment, air space capacity and cost efficiency, or to develop a scheme specifically for the UK?

Similarly, my second point concerns the common charging scheme for air navigation services. Going forward, is it envisaged that the UK will remain a member of Eurocontrol and continue to use its centralised system for charges or, again, is it envisaged that the Government will develop their own system for the efficient management of charges?

Finally, these regulations largely give over responsibility for air traffic management to the Secretary of State or the Civil Aviation Authority. It is right that the Government seek to re-establish the majority of laws covering aviation before the end of the transition period. However, a huge amount of extra responsibility now seems to be falling to the CAA. As well as the responsibilities transferred to the CAA today—certification, oversight and enforcement in respect of air traffic management and air navigation service providers—it has also been confirmed by the Government that the UK is withdrawing from the EU’s aviation safety regulator, and these responsibilities will now too fall to the CAA. The change and scale of challenge for the CAA therefore seems enormous and will have a dramatic impact on its workload. It will need significantly more staff and budgetary resource to fill the void left by the aviation safety regulator alone.

Can the Minister say what is the Government’s plan to resource the CAA so that it can recruit staff, plan and ensure that our air traffic management policies and processes are ready by the end of the year? What guarantee do the Government have that international aviation regulators would accept the CAA’s regulatory standards, especially if it chooses to divert from the current safety regulations?

Motor Vehicles (Tests) (Amendment) (Coronavirus) Regulations 2020

Baroness Kennedy of Cradley Excerpts
Wednesday 13th May 2020

(6 years, 2 months ago)

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Baroness Kennedy of Cradley Portrait Baroness Kennedy of Cradley (Lab)
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My Lords, I too thank my noble friend Lord Rosser for tabling this debate, which has allowed some interesting points to be made and questions raised. I can understand the decision to extend MoTs during the lockdown. However, we are now encouraging people who can work safely to go back to work. Do the Government therefore have any plans to change these MoT exemptions?

As we begin to transition out of the lockdown, a cause of concern for us all is a second wave of the pandemic. If we find ourselves in another lockdown in the autumn, will the Government look at extending MoT expiry dates again? If so, when will that decision need to be made? I know that some trade bodies for garages were disappointed and wanted a much shorter MoT extension. Do the Government plan to conduct an assessment of the impact of that decision on garages, MoT centres and motorists before making any further recommendations?

Like many noble Lords, I want to raise the issue of insurance. With more than 1 million cars failing their MoTs each year, there are undoubtedly cars on the road during the extension period that would have failed their MoT. I know that the Government have said that car owners must ensure that their cars are safe and roadworthy, and although they have a responsibility to do that, they are not mechanics. Given that, can the noble Baroness say what conversations the Government have had with the Association of British Insurers about the issue of roadworthiness for vehicles with extended MoTs being a factor in insurance claims? What plans do the Government have to provide guidance for motorists on making their cars roadworthy during this time?

Finally, vehicles that are parked on a public highway without an MoT can be reported, and therefore car owners can be fined. If a car’s MoT was due just before the end of March 2020 but the owner is self-isolating, staying at home or at home because they are clinically vulnerable, they are at risk of getting a fine. Filling in a Statutory Off Road Notification would be the last thing on their mind—even if they realised that they had to do it. What conversations have the Government had with the police to ensure that those who are self-isolating are not penalised for not having an MoT if it was due just before 30 March 2020? I look forward to the noble Baroness’s reply.