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

Baroness McIntosh of Pickering Excerpts

Thursday 18th June 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I thank my noble friend for introducing this instrument and for giving us the opportunity to scrutinise it in some detail. Perhaps I may put a number of questions to her. In her introduction, my noble friend said that a key feature of the regulations is the transference of responsibility from the European Commission to the Department for Transport on exiting the European Union. Will there be regular reviews of this, as there were in 2018 and 2019, and now in 2020? Will my noble friend commit to a regular review of the cover under the regulation? Will parliamentary scrutiny of such a review be allowed?

My noble friend will be only too aware of the particular challenges that the current Covid-19 pandemic has presented to the whole of the civil aviation sector, in particular to airlines and airports. In just three short months, we have seen an unprecedented challenge being dumped on to them. Along with other noble Lords, in particular the noble Lords, Lord Foulkes and Lord Blunkett, I would like to ask my noble friend if she can confirm that the Covid-19 pandemic will be added to the categories that are specifically included in the provisions of this instrument.

I have another question in response to my noble friend’s invitation to comment on these regulations. Can she confirm that the refunds, which will come to a huge amount, to reimburse passengers for flights that have been cancelled—I must declare an interest in this regard—will also fall within the remit and the provisions of these regulations?

The greatest challenge to airlines is their cash-flow problem. Most of their funds are tied up in planes and the payment of staff. While we have seen a review of the furlough provisions, we have also had announcements about the very sad redundancies in most of the airlines that fly from the UK. There has been a double hit, in the sense that airlines are being asked to make substantial refunds at speed, but at the same time, surely no future bookings will be made until we know that they can operate as normal again. Will my noble friend take this opportunity to confirm that refunds for those cancelled flights will be covered by the statutory instrument before us?

I have two other brief questions. First, is my noble friend able to confirm the status of the vouchers being issued by most airlines in place of refunds? Will she also confirm that, while having the same validity, these vouchers are not as easily accessible as immediate refunds? Secondly, can she confirm that the provisions for checking in luggage, as part of the new ways in which airlines will operate, are advisory, or are they indeed mandatory?

Aviation and Tourism: Cancellations

Baroness McIntosh of Pickering Excerpts

Tuesday 5th May 2020 Lords Chamber

[Baroness Vere of Norbiton]

I thank the noble Lord for that suggestion and for bringing up the important issue of vouchers. Customers may be offered a voucher as opposed to a refund, but they are under no obligation to accept it. We are looking at all sensible proposals so that we can balance the protection of consumer rights, which is absolutely essential, with recognising the enormous impact this is having on an industry that employs hundreds of thousands of people and is a huge contributor to our economy.

[Baroness McIntosh of Pickering (Con)]

Does the Minister agree that one of the greatest problems facing the airline industry at the moment is cashflow? What support are the Government minded to lend to the airlines at this crucial time? What discussions are she and the department having with our international partners to enable flights to take off at some point this year, particularly regarding social distancing, which is important and very difficult to deliver on planes and at airports? What kit will passengers have to use and what will be done to enable our rules to be recognised by our international partners?

[Baroness Vere of Norbiton]

My noble friend raises an important series of questions. On voucher support, the Chancellor has already announced wide-ranging support for all sizes of businesses. I encourage all those in trouble in the travel sector to avail themselves of the opportunities that there are. On restart and recovery, which is very much on our minds as well, an aviation restart and recovery team has been set up specifically at the DfT to work with the aviation industry to understand all the challenges it will have to get our planes back in the skies and to make sure that people can once again travel.

Smart Motorways

Baroness McIntosh of Pickering Excerpts

Tuesday 17th March 2020 Lords Chamber

[Baroness Vere of Norbiton]

The noble Baroness makes a number of interesting points. There are two things to consider here: actual safety and the perception of safety. On emergency refuge areas, we are doing all sorts of things to ensure that they are more visible. On new motorways, the standard will be that they are three-quarters of a mile apart. We are making sure that, where possible, they meet the 15-foot width standard. As for the perception of safety, the important thing is that drivers understand what a smart motorway is, how it can benefit them, how they should use it and, if they get into trouble, exactly what they need to do.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend the Minister take my thanks back to the Government following the debate to which she kindly responded recently? Will she accept that the smart technology is not up to speed for the smart motorways, and will the Government delay the continuation until the smart technology is in place?

[Baroness Vere of Norbiton]

I thank my noble friend for her warm words about the report and put on record my thanks to everybody in the department who worked on it. It was an enormous undertaking, involving a huge amount of data that had to be analysed. I am perhaps not entirely sure to what the noble Baroness is referring as all sorts of technology already exists on these motorways, be that the red “X” signs to prevent people travelling in certain lanes, the enforcement of those signs, or the MIDAS speed monitoring systems. All sorts of things are in place. She may have been referring to stopped vehicle detection, which we are rolling out more quickly than we originally anticipated; that will be in place within three years.

Flybe

Baroness McIntosh of Pickering Excerpts

Thursday 5th March 2020 Lords Chamber

[Baroness Vere of Norbiton]

On the issue of communications with employees, hearing it on the radio is less than ideal. I am sure it is not how any noble Lord would treat any of their employees. It is not acceptable and there are better ways of keeping employees up to date with what is going on. I cannot agree with the noble Lord that all is doom and gloom for employees and that everything must be improved. As I set out in the opening Statement, there are many routes that employees can now take. The Government stand ready to help, working alongside the unions, and the Insolvency Service is able to make payments.

[Baroness McIntosh of Pickering (Con)]

To pursue the question put by the noble Lord, Lord Foulkes, on routes and the fact that Virgin is a major shareholder of Flybe, what will happen to Flybe’s profitable routes? Can my noble friend assure the House that there will be a proper procedure to make sure that they are sold to the highest bidder, so to speak? I raised the question of PSOs in the earlier Statement: will she make sure that this is dealt with as a matter of urgency?

[Baroness Vere of Norbiton]

Aviation services are part of the market economy and we would expect the profitable routes to be taken up by other airlines. As I have mentioned, we have had proactive input from a number of airlines looking to service those routes. I can say no more about PSOs. The Government are looking at both the profitable routes and those that may need support, and at all possible options to get them up and running.

Smart Motorways

Baroness McIntosh of Pickering Excerpts

Thursday 13th February 2020 Lords Chamber

Asked by

[Baroness McIntosh of Pickering]

To ask Her Majesty’s Government what assessment they have made of the safety of smart motorways and what plans they have to review their policy towards them.

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome the opportunity to hold this debate. I start by recording my condolences for those who have lost loved ones or suffered serious injury in an incident on a smart motorway.

When smart motorways were first discussed, I sat on the RAC Foundation Public Policy Committee; I am currently a subscribing member of the RAC club. At that time, I expressed in the strongest possible terms real and grave concerns on safety grounds, as smart motorways clearly pose an immediate danger to the drivers and occupants of cars—particularly where they might break down on a hard shoulder that is being used as a running lane—as well as to other motorway users. While the existing road structure may have been deemed to lead to congestion, that a broken-down vehicle could clog up what was essentially used for emergency purposes as a hard shoulder was surely unconscionable.

The department appears to use a formula based on a points system to assess road safety elements. Points are allocated according to the number of casualties or fatalities caused by an unsafe road either to justify motorway improvements or the construction of a roundabout. If the formula of the points-based allocation is not met, nothing will happen. I know this to be the case with roundabouts from personal experience. Many people before me had campaigned for a roundabout to be built on the northern access to the town of Easingwold in the former constituency of the Vale of York. My predecessors had been very vocal in this regard. On election day 1997, three people were killed at the exact spot of the requested roundabout. As a result of that tragedy, the requisite number of casualties had been reached and points satisfied, and the roundabout was built.

I will leave the Minister, whom I am delighted to see in her place, to describe smart motorways and their purpose. Essentially, they rely on technology to make use of the hard shoulder. Initially, the pilot was cautious, opening up hard shoulders only at peak times, with emergency refuge areas closely spaced. Then in the early 2010s, plans emerged to turn motorway hard shoulders into permanent running lanes—managed motorways known as all-lane running. Later, they became smart motorways and the Highways Agency decided to space the emergency refuge areas further apart.

As I understand it, there are currently three types of smart motorway scheme: all-lane running, dynamic hard shoulder. and controlled motorways. The Highways Agency surely believed at the time that the design would be as safe as existing motorways, but it recognised the increasing risk of a vehicle breaking down in a live traffic lane. Highways England, as it became, estimates that congestion on motorway and major road networks in England costs £2 billion every year, yet it acknowledges that 25% of that congestion results from incidents on those motorways.

The safety record of smart motorways was not good and has deteriorated. Thirty-eight people died on smart motorways in the five years to January this year. On one section of the M25, the number of near-misses since the hard shoulder was removed in April 2014 increased from 72 in 2014 to almost 1,500 in 2019. That is staggering.

Clearly, every fatality represents a human tragedy and wasteful loss of life. I want to refer to just one: the case of a mother who was killed on the M6 elevated area. The driver pulled over, but the hard shoulder was in use as a dynamic lane where there was no emergency refuge area or exit for 2.5 miles. I would say that that death was preventable.

Cars which break down in a live lane leave occupants fearful whether they can safely exit the vehicle or whether they will be spotted if they remain in it. Highways Agency figures show that it takes on average 17 minutes to reach a vehicle in such circumstances.

A welcome pause came on 30 January this year when my right honourable friend the Secretary of State—I do not know whether he is still in position as we speak; the Minister indicates that he is, so I congratulate him—stated that the M20 and other stretches of road will not be opened as planned as smart motorways until the outcome of the government review is known. I hope that my noble friend the Minister will take this opportunity to speak as freely and openly as she can to let us know what the state of that review is.

I want to take a moment to consider the alternatives, of which there are essentially three. First, I know that many such as the AA would scrap smart motorways and hard-shoulder running lanes and revert to using hard shoulders as they were originally intended, allowing police, ambulance, fire and other emergency vehicles to access injured occupants as quickly as possible. The second option is to increase the number of existing emergency refuge areas so that, in the event of a breakdown, there is more chance of a vehicle reaching the emergency refuge area. Thirdly, we could widen existing carriageways or increase the number of lanes from three to four, albeit they may be narrower.

How will such improvements be paid for? While I recognise that hypothecation is not normally permitted, one or two motorways have been seen to benefit recently from hypothecated funding. I urge the Government to consider spending road tax revenues on improving road safety and investing in an alternative infrastructure to smart motorways, thereby making our roads safer.

I want to end with a number of questions for my noble friend the Minister. Does she agree with, and will she have regard to, the words of the national chair of the Police Federation of England and Wales, who has said that smart motorways are inherently dangerous, put lives at risk and are death-traps? No one should know better than the police and other emergency personnel how unsafe smart motorways have turned out to be.

Can the Minister put our minds at rest that cost savings have not been chosen over human life and road safety? Will the Government take this opportunity to reverse the priority and either return the hard shoulder to its original use or increase the width and number of lanes?

As asked in Local Transport Today, is it acceptable that a risk should have consciously been designed into smart motorways in order to deliver the benefits of increased road capacity? Surely the benefits of road capacity must be secondary to the fundamental safety of those using the motorways.

Smart motorways may have been considered as safe as traditional motorways, but that has been proved not to be the case. Even when they were initially piloted, it was known that they could have been safer. It is unacceptable that cost appears to have been chosen over road safety, and what a cost it has been. Now is the time to end the speculation, to end this catastrophic experiment and to put safety first.



Cost and saving money must not trump road safety.

Flybe

Baroness McIntosh of Pickering Excerpts

Tuesday 14th January 2020 Lords Chamber

[Baroness Vere of Norbiton]

The noble Baroness, Lady Randerson, has made some very helpful suggestions, should they ever be needed in due course, about looking at which domestic routes would benefit from support. I reiterate that this airline continues to operate as normal and therefore at the moment the Government have no plans to kick off that work.

On the airline insolvency review, it follows from the important work which was done for the department by Peter Bucks. He looked at airline insolvency. As I am sure the noble Baroness knows, it is incredibly complicated. When he published his report, he said that there is no silver bullet. The noble Baroness will also know that we announced legislation in this area in the Queen’s Speech, and I expect it to come to the House in due course.

[Baroness McIntosh of Pickering (Con)]

My Lords, I entirely endorse the commercial strictures that my noble friend set out, but will she take this opportunity to explain to the House the Government’s policy towards regional airlines so that they will have a vibrant future going forward and, in particular, the possibility of regional airlines delivering on public service obligations?

[Baroness Vere of Norbiton]

My Lords, my noble friend is quite right. I reiterate that regional connectivity is critical in aviation and across all modes. We will do whatever we can to ensure excellent regional connectivity going forward. Public service obligations can be incredibly important for social, medical and economic reasons. At the moment, we can add PSOs only on existing routes to London where they are in danger of being lost. However, we will look at all options for expanding the scope of our PSO policy in future.

Railways: Trans-Pennine Freight

Baroness McIntosh of Pickering Excerpts

Monday 7th October 2019 Lords Chamber

[Baroness Vere of Norbiton]

I am sure that the noble Lord knows better than me that one should not believe everything one reads in the newspapers. However, as he will also know, the Oakervee review is taking a detailed look at all elements of HS2 and its phasing and will report soon.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend the Minister take this opportunity to comment on HS3 and its implications? I am sure that she and I are both subscribed to the northern powerhouse and its rail element: that we need to increase capacity on rail for both passengers and freight. As the noble Lord pointed out, the spur to Leeds and Sheffield is crucial in this regard. Will she confirm that both HS2 and HS3 will proceed as planned?

[Baroness Vere of Norbiton]

I thank my noble friend for raising further questions around HS2. She referred to HS3, which is known to most noble Lords as Northern Powerhouse Rail. It is an incredibly important, complicated and extensive project. It works closely with the trans-Pennine route upgrade, and indeed with HS2. The Government have already committed £60 million of funding to Transport for the North to develop the proposals and a further £300 million to ensure that HS2 can accommodate Northern Powerhouse Rail. As she made clear, Northern Powerhouse Rail could bring huge benefits.

Buses: Rural Services

Baroness McIntosh of Pickering Excerpts

Tuesday 16th July 2019 Lords Chamber

[Baroness Vere of Norbiton]

The noble Lord is right that the number of trips on buses is declining, although they represent 55% of all journeys on public transport. But it is also the case that the total number of trips taken by individuals is declining, and therefore the share of trips on buses has remained around about the same. To go back to the noble Lord’s point about funding, the Government are providing ring-fenced funding where it is needed. For example, we have provided £43 million of ring-fenced funding, which is paid to operators to support less viable services within their communities. We have also provided £65 million of rural services delivery grant, because we recognise that providing services in rural areas is more difficult.

[Baroness McIntosh of Pickering (Con)]

My Lords, does my noble friend agree that, when the concessionary fares were rolled out under a Labour Government, the uptake in rural areas was greater but the funding to cover the costs was not there? Will my noble friend revisit schemes such as the post bus services that operated successfully between villages and market towns in areas like North Yorkshire, to see whether they can be rolled out again in full?

[Baroness Vere of Norbiton]

It is the case that local authorities have a statutory duty to provide some concessionary travel, but they also provide discretionary concessionary travel, which is important too. I am not aware of the scheme that my noble friend noted, but I will be happy if she can send me some details and we will certainly look at this. I reiterate that we are being innovative about making the best use of our assets to make sure that people in rural communities have transport.

Flybmi

Baroness McIntosh of Pickering Excerpts

Monday 18th February 2019 Lords Chamber

[Baroness Sugg]

I agree with the noble Lord on all those points. We are seeing supply outstrip demand on many of these routes. BMI cited 19 passengers per flight on a 50-seater plane; obviously, that would be very difficult to sustain. We are seeing other regional airlines take on those routes, but there is an excess of capacity. I agree with the noble Lord also on the importance of regional airports. Maintaining that regional connectivity is key. We provide a PSO on lifeline routes. Our aviation strategy, on which we published a consultation in December last year, looked at how we might support regional airports. They are important in providing connectivity not only for people but for freight and trade, and can act as a multiplier for local and regional economies. It is very important that we support them.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend further address overcapacity, which she just mentioned? When airlines such as Ryanair and EasyJet are not making money, seeing their share price fall and issuing profit warnings, it obviously has implications for the whole industry.

[Baroness Sugg]

I agree with my noble friend. It is a challenging time to be in the aviation industry at the moment for many reasons. We are seeing airlines having to address those challenges. Ultimately, they are commercial enterprises, and the share price will be dictated by demand and their profitability. Through the aviation strategy consultation, we are looking to support the industry. The UK aviation sector is incredibly important to the UK economy, providing £22 billion per year and hundreds of thousands of jobs. We want to make sure that our aviation strategy helps it continue in its success.

Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2018

Baroness McIntosh of Pickering Excerpts

Tuesday 12th February 2019 Lords Chamber

[Baroness Sugg]

I entirely understand my noble friend’s point of view. Of course it is important that we understand the full costs of this. The CAA is taking on a number of new responsibilities and functions after EU exit. As I said, we have confidence in its preparations. Regarding ATOL—I mentioned the figures before—we think the current level of staff will be able to provide this service, so we do not expect to see a significant increase in workload from this SI. The latest figure for the number of new staff is around 59, most of whom will carry out safety functions. The House will debate another SI on safety, which will have cost implications. I will ensure that I am able to provide actual cost implications for future aviation SIs. In this case, there are none, as we are expecting only a small number.

The best outcome for the UK is to leave the EU with a deal, and delivering a deal negotiated with the EU remains the Government’s top priority. However, as a responsible Government, we must make all reasonable plans to prepare for a no-deal scenario. This instrument ensures that, in the event of a no-deal exit from the EU, passengers travelling by air can continue to benefit from the same rights as they currently do, and that the aviation industry and consumers have clarity about the regulatory framework which would be in place in a no-deal scenario. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I have two brief questions on this statutory instrument. My noble friend the Minister has stated that compensation will be paid in pounds, converted from euros. What if the pound to euro ratio changes substantially over, say, the next two years? Is this something that her department and the Government are likely to keep under review?

I tried to follow the Minister’s explanation as closely as I could. If I have understood correctly, there is one category of flight that UK passengers will no longer be compensated for. I dealt with this myself when I was an MEP and, at one stage, rapporteur on civil aviation in the European Union. I would just like her confirmation that this category of flight is covered. These are flights where passengers start with a UK carrier out of London Heathrow, Gatwick or Stansted, but change at an airport within the EU, such as Amsterdam, to a connecting international flight operated by, for example, Singapore Airlines or Delta Airlines—both of which my husband worked for at separate times—to a destination such as New York or Singapore. Is my noble friend saying that, under these regulations, or in the event of no deal, a UK passenger who is denied boarding that flight in a third-country airport such as Amsterdam will no longer be compensated?

[Lord Berkeley (Lab)]

My Lords, I share the concerns of the noble Lord, Lord Deben, and my noble friend Lord Foulkes about the costs associated with Brexit. I recall the debate in this House yesterday about Seaborne Freight. The Minister said, and I am sure she is right, that,

“no taxpayer money has been transferred to the company”.—[Official Report, 11/2/19; col. 1704.]

However, the cost of dredging is probably several million pounds. Apparently it was being done by the Ramsgate harbour authority. I do not know where it will suddenly get the money from; I am sure it was not budgeted for. It was mentioned in another place yesterday that Slaughter and May had been paid £600,000 to advise the Government on how to write these contracts, which turned out to be non-existent. The Minister should commit to giving the House the total cost, rather than hiding behind, “We are not paying it directly because the dredging is being done by somebody else”, or something like that.

I should like to follow up on some of the questions the noble Baroness, Lady McIntosh, just asked because this SI is very confusing. The first question is: who is a UK carrier? Where will companies such as easyJet and British Airways be registered, and does that matter when defining what is a UK carrier—something that comes into quite a lot of these regulations? Could the Minister tell us not just what is happening today but also how the Government will tell members of the public who is a UK carrier—assuming that it matters? It seems to me that it matters.

On these regulations, there seem to be three different parties: the location of the airport, which may be in this country, the European Union, or a third country—maybe it does not matter; the air service or airline, and whether it is registered in the UK, the EU or a third country, as the noble Baroness mentioned; and who the passenger is. Are they a UK resident, an EU resident, or a third-country resident? There then seem to be different rules for whether you are going out, coming in or getting a return ticket. I do not know whether I am making myself clear—it is probably as unclear as the regulations. The Minister will have to tell us how all these different parts of the regulations I have discussed apply to all those different groups and combinations of groups.

What attracted me to this worry was the phrase,

“if the carrier is a UK carrier”,

in paragraph 7.3 of the Explanatory Memorandum and, in reference to paragraph 7.5, the question of who enforces these regulations. The CAA cannot enforce regulations on airlines from third countries that do not fly into this country at all, but if the CAA does not do it, who will? All these things should affect every traveller who will move by air after 29 March, and I can see some of them getting into real trouble and worrying about this unless there is some clarification. I look forward to hearing the Minister’s response.

--- Later in debate ---

[Baroness Sugg]

My Lords, I thank all noble Lords for their consideration of these draft regulations. I am grateful for the scrutiny provided by noble Lords. These are important pieces of legislation, and it is right that they are properly scrutinised. I would not class the noble Lord, Lord Warner, or indeed any other noble Lord as a trouble-maker. I will attempt to get to all the questions, but if I do not manage to cover them, I will respond in writing.

On the point made by my noble friend Lady McIntosh, the Explanatory Memorandum sets out the exchange rate used to calculate the amounts. It is the average for the year to 31 December 2017, which has been used across the statutory instruments. There are currently no plans to change that.

In response to the noble Lord, Lord Berkeley, let me say that this regulation will cover all carriers with a UK operating licence. That is issued by the CAA, so that is how we define who will be covered by these regulations in the event of a no-deal exit. The requirements of the operator’s licence are set out in the operation of air services regulations, which we debated last year.

On enforcement, if it is a UK carrier—that is, one with a UK operating licence—the CAA will enforce it. If it is departing from an EU member state, that member state will enforce it, and if it is a UK carrier departing from a third country, the CAA will again enforce it. So the example that my noble friend Lady McIntosh used of a flight departing from the UK will be enforced by the CAA, and the flight which then departs from the EU will be enforced by that relevant member state—I cannot remember which member state she referred to.

[Baroness McIntosh of Pickering]

My question was about those UK passengers who board the next leg of the flight in Amsterdam or what would be a third country with an international carrier. Does the regulation now exclude them from denied boarding rights and other privileges that they would otherwise be entitled to?

[Baroness Sugg]

I should first point out that these regulations apply to everyone who travels on a plane regardless of nationality, so actually the nationality is not important. The important part is the carrier that operates the flight. In that example, as I said, the flight leaving the UK would be covered by the CAA and the flight leaving Amsterdam, regardless of the nationality of the passenger, would be covered by the existing EU regulations, so that would not change.