Consumer Rights Bill
Debate between Baroness Kennedy of Cradley and Baroness Neville-Rolfe
Baroness Neville-Rolfe
My Lords, I, too, am grateful to the noble Baroness, Lady Kennedy, for raising this issue and for tabling the amendment. I am delighted to be able to welcome the noble Lord, Lord Mendelsohn, who I have known for some years, to his maiden contribution at the Dispatch Box, and thank him for bringing his expertise and family experience to this important debate on this very important subject. He is most welcome to our deliberations.
I am very sympathetic to the intention of the amendment in the name of the noble Baroness, Lady Kennedy, which seeks to relieve the suffering of those with allergies. As she said, allergic reactions can be very distressing to those who experience them, not least in the confines of an aircraft cabin, where it can be particularly scary. I know that no carrier would wish that to occur on its services. I am also grateful to the noble Baroness, Lady Wilcox, for sharing her experience on another troubling issue, deep vein thrombosis, and her knowledge of travel filters and air exchanges, which are an important technological part of the debate that we are having today.
I assure the Committee that industry practice is for carriers to request passengers to pre-notify prior to travel if they have any medical conditions, including allergies, and that most passengers do so. Most airlines will then take all reasonable measures to prevent passengers from having an allergic reaction while on board the aircraft. I know that, where given prior notice—and that is an important duty for us as passengers—airlines take steps, such as broadcasting requests to passengers not to eat nuts.
For some allergies, a carrier is unlikely to be able to guarantee an environment totally free of the trigger substance. For example, an aircraft may have been used by another carrier only hours previously, other passengers may bring their own food with them which can contain a trigger substance, or a passenger may be accompanied by an assistance dog, which may be a source of allergic reaction for some people.
I note that the amendment is specific both to airlines and to allergies. While I appreciate that there is a distinction, which the noble Lord has explained, the amendment would place a duty on airlines that is not placed on operators of any other modes of transport such as trains, ships, buses or taxis, or the airport operator responsible for the airport environment. However, there may well be steps that operators in those modes could take to reduce the risk of a person with an allergy having an attack during their journey. Furthermore, there may well be conditions other than allergies where an operator could take reasonable steps to reduce the risk of an attack during the journey—for example, photosensitive epilepsy. Moreover, the majority of airlines already do what the amendment would create a duty for them to do.
I am grateful to the noble Baroness for bringing this issue to our debate, but I do not think that we can justify the addition of this regulation to the Bill. I will ensure that the remarks made on the subject today are conveyed to my right honourable friend the Secretary of State for Transport, and that the points that have been made are considered. I shall also ask the department to pass the comments to British Airways because of the examples that she cited. I know from my own extensive experience of travelling that the company always seems very keen to provide a good service. As the noble Lord said, good management systems make a very big difference in these sorts of cases.
I was interested in the good practice outlined by the noble Baroness and, as I said, in the experiences of my noble friend Lady Wilcox, and in the international developments that have been mentioned, which I was not aware of. I also commend to the Committee the advice that the charity Anaphylaxis Action gives on its website to those with allergies when they travel by air. That advice includes stating their needs to carriers, discussing their proposed flight with their GP or specialist and, if concerned, taking their own food and medication, such as antihistamines or an adrenaline auto-injector, when they fly. In the circumstances, I ask the noble Baroness to withdraw the amendment.
Baroness Kennedy of Cradley
I thank all noble Lords who have spoken today, particularly the noble Baroness, Lady Wilcox, for her intervention. I was very interested to hear about the fast air exchange; I shall take her advice and look it up. I do not see that the fast air exchange helped the little girl aged four who became affected by a passenger who ate nuts a few rows behind her, but it could be that that is not a technical solution that is available to all airlines. I will certainly go and investigate that. Presumably, that is one of the reasons why buffer zones have been created by many airlines, such as Delta Airlines, to create a space where the passenger can sit and feel risk-free from their allergy.
I thank my noble friend Lord Mendelsohn for his contribution and his list of questions, which the Minister did not address. Actually, I was quite disappointed with the Minister’s reply. She said that most airlines do this. Most airlines do but not all of them, and that is the central point of my amendment. We need to ensure that there is a level playing field across the airlines in relation to security. There is good practice but there is also bad practice; there are good initiatives but there are also no initiatives; actions are taken but there is also a refusal to take action.