Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL]

Debate between Lord Grayling and Baroness Foster of Oxton

Report stage
Monday 13th July 2026 Lords Chamber

[Baroness Foster of Oxton (Con)]

My Lords, I support my noble friends Lord Kirkhope and Lord Goschen. This is an extremely important sector. Most people do not know that worldwide GA is actually a larger sector than commercial aviation.

There is a huge amount of hostility to private jets. Very often, when aircraft, aeroplanes and rock stars flying around the world are discussed, people say, “Oh, gosh, they’re doing terrible things to the environment”. Actually, aviation is responsible for 3% of CO₂ emissions worldwide and 4% in Europe. It is not dismissive about that. It is hugely important. Sometimes we, as politicians, should be thoughtful about that narrative when we are discussing this important issue because, as my noble friends said, GA is key to so many areas. I just wanted to add that point for information.

[Lord Grayling (Con)]

My Lords, I will be very brief. One thing that the Government could do for general aviation is to take steps to designate smaller airports that are for general aviation and are important to be retained for general aviation. I am very aware of the pressure to redevelop smaller airfields. There may be a case to support that for a small number of them, but the loss of those which are used extensively by general aviation will do significant damage to the aviation sector as a whole.

Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL]

Debate between Lord Grayling and Baroness Foster of Oxton

Committee stage
Tuesday 16th June 2026 Grand Committee

[Lord Grayling (Con)]

My Lords, I will speak to Amendments 17 and 22 in this group. Following on from what my noble friend Lord Moylan has said, my concern is that the nature of the Civil Aviation Authority is being changed by the content of this Bill. It seems to be going further than simply continuing the protections for consumers that existed under European law—which rightly should remain in UK law. The level of enforcement powers in the Bill cause me a great deal of concern and are not what the Civil Aviation Authority is there to do. It is primarily a safety body. Its big focus, as we left the European Union, was taking over the responsibilities for aviation safety in the UK from EASA. Since then, we have seen dramatic changes in technology, the emergence to a much greater degree of drone technology and different kinds of aviation beginning to appear on the horizon. We are looking at the realistic possibility of air taxis in the very near future. There is a very clear and necessary remit for the Civil Aviation Authority to maintain as the guardian of aviation safety in the United Kingdom.

Of course, there will be occasions when it needs enforcement powers, but as my noble friend rightly says, it is taking over enforcement powers that very much mirror those that already exist for consumers in this sector from the CMA. In doing so, it is creating a whole raft of additional responsibilities for a body that I want to remain a very focused organisation that has safety as its number one priority.

I simply cannot understand why it is necessary to give the CAA what are, in essence, enforcement powers that the police have—for example, the power to kick in a door or to interrogate someone in their place of work or their own home. This is not a simple civil enforcement provision. This is taking the role of the Civil Aviation Authority to another level. The first of the amendments that I have tabled is intended to challenge the need for those powers to exist. I am utterly unpersuaded that they need to exist. Unless the Minister can do a pretty good job of explaining why they are necessary, we will return to it on Report.

We will also need to limit somewhat the CAA’s ability to get into the weeds with these enforcement powers. In effect, we need to concentrate its ability to take such action in a situation where there is clearly a systemic failure. We should not be giving the Civil Aviation Authority draconian powers to deal with relatively minor matters. That simply should not be the case in law. The CMA already deals with minor and significant consumer matters. Amendment 22 simply says that the powers in the Bill should focus on substantial systemic failure only.

I await with interest the Minister’s defence of this element of the Bill. I have addressed two specific areas but, as my noble friend Lord Moylan just set out, there are more. I hope the Minister can persuade us because, unless he does, I am sure we will want to return to this on Report.

[Baroness Foster of Oxton (Con)]

My Lords, I support the thinking behind the comments made by my noble friends.

For clarification, if we are looking at consumer rights, it is the Civil Aviation Authority that has dealt with the public over a number of years when the public have not been satisfied with the compensation for delays or cancellations that they have received from an airline. The CAA is already doing that and playing that role. Do the Government see the CAA continuing with that particular role in such cases? That is one question.

Secondly, when we start to look at the Competition and Markets Authority, I do not see how you can have two authorities basically dealing with the same things. We know that the Civil Aviation Authority has the expertise in these fields, which is quite right, whatever we might object to in terms of powers. I am not sure who came up with the idea of the competition authority coming into decisions that should be made by the CAA as a regulator. I would be very interested to know from the Minister how this thought—that there could be two regulatory authorities dealing with civil aviation, its merits and everything that goes on around it—came about.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, this group concerns the consumer rights powers in the Bill and the scrutiny of those powers. I am grateful to noble Lords for their amendments. The Government’s objective is a coherent, effective and proportionate consumer protection regime for aviation passengers.

Before I turn to the individual amendments, I will make three points that apply across this group. First, Clause 1 does not in itself create new powers of entry or financial penalties; it simply enables regulations to be made, with their scope, safeguards and detail being considered when they are brought forward. Secondly, the Government believe that detailed requirements should be developed through secondary legislation, with consultation, options appraisal and an impact assessment where appropriate. Thirdly, the Bill preserves flexibility so that the CAA, the CMA and the Government can respond effectively to consumer harms that may cut across aviation and wider markets. Where I refer to duplication, proportionality or flexibility, these are the common justifications that I have in mind.

Let me begin with Amendments 8 and 18 in the name of the noble Lord, Lord Moylan, which are supported by the noble Baroness, Lady Foster, and concern the role of the Competition and Markets Authority. Although most aviation-specific enforcement relating to information gathering and powers of entry will sit with the CAA in practice, the CMA has a broader, market-wide role—including in sectors that overlap with aviation, such as travel and holidays. The CAA and the CMA already have concurrent powers in relation to general consumer law. Removing the CMA from this framework could limit flexibility and make it harder to address problems that span aviation and wider consumer markets. Therefore, in the Government’s view, it is right to retain the ability to include the CMA where necessary. The precise role of each regulator will be considered when secondary legislation is drafted. I therefore ask the noble Lord not to press his amendments.

I turn next to the amendment from the noble Lord, Lord Grayling, which seeks to remove the power of entry provision in Clause 1. I am afraid that I cannot support it. The Bill is designed to improve the CAA’s enforcement ability and to reduce reliance on slow, resource-intensive court processes. Clause 2 strengthens the CAA’s direct information-gathering powers. Clause 1 enables those powers to be strengthened further, if needed, including by enabling powers to enter premises or to require documents and information during the course of an investigation. Any such power would be considered carefully, consulted on and include appropriate safeguards when regulations are brought forward.

I also assure the noble Lord that these wide enforcement powers, including powers of entry, fell within Section 2 of the European Communities Act 1972. Much passenger rights law originated in EU law and has now been assimilated into UK law. Since our exit from the EU, primary legislation has generally been needed to amend it. Clause 1 restores the necessary degree of flexibility while preserving parliamentary scrutiny and future consultation. I ask the noble Lord not to press his amendment.