Immigration Bill

Debate between Earl Attlee and Lord Clinton-Davis

Monday 10th February 2014 Lords Chamber

[Lord Clinton-Davis (Lab)]

If the Bill is so perfect, why do so many organisations concerned with immigration oppose it, and oppose it with vigour?

[Earl Attlee (Con)]

My Lords, long experience shows that the best way of handling these debates is to allow my noble friend the Minister to lay out his stall, explaining how the Bill works, and then debate the Bill.

Airports: Passenger Numbers

Debate between Earl Attlee and Lord Clinton-Davis

Monday 15th July 2013 Lords Chamber

[Lord Clinton-Davis]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare that I am life president of BALPA.

[Earl Attlee]

My Lords, the noble Lord asks for a lot of data. The Civil Aviation Authority publishes monthly statistics on the number of passengers at each reporting airport. By way of example, passenger numbers at Heathrow exceeded 6 million in May this year, up 5% compared with May last year. At Gatwick, passenger numbers exceeded 3 million, up 8% from the same time last year.

[Lord Clinton-Davis]

I thank the noble Earl for that information. Does he agree that inordinate delay in selecting a new hub airport can only give Paris, Amsterdam and Frankfurt a real, perhaps decisive, advantage, which will be immensely difficult, if not impossible, to reverse? Why do the Government not recognise that, with improved access, Heathrow will provide a speedier answer than any other airport in existence today—one that would hugely benefit British aviation and our economy as a whole?

[Earl Attlee]

My Lords, I do not agree that there is inordinate delay. This is an extremely important decision. There is no right answer and when we find our solution we must have national consensus. The Airports Commission is the right way of determining the right answer and getting national consensus.

Airports: London

Debate between Earl Attlee and Lord Clinton-Davis

Monday 10th June 2013 Lords Chamber

[Earl Attlee]

My noble friend makes many very good points, and I am sure that the Airport Commission will take them into consideration.

[Lord Clinton-Davis]

I speak as the life president of BALPA. The inordinate delay in making a decision about the siting of a major airport in London can only result in benefiting Amsterdam, Paris and Frankfurt. Any alternative to Heathrow is bound to take a huge amount of time to come into operation, whereas Heathrow, properly adapted, is ready now. Is it not the most obvious choice for any Government to enable them to make a speedy decision, which will not result in giving an advantage to other airports in Europe?

[Earl Attlee]

My Lords, Heathrow has one fundamental disadvantage: there are 220,000 who live within the 57 decibel noise contour, making it a very difficult problem to overcome.

Republic of Ireland: Aids to Navigation

Debate between Earl Attlee and Lord Clinton-Davis

Monday 25th February 2013 Lords Chamber

[Earl Attlee]

My Lords, it is interesting to note that the Atkins report, commissioned by this Government in 2010, recommended that we retain the Northern Lighthouse Board and Trinity House to provide lights in Scotland and England respectively. We have no intention of changing those arrangements.

[Lord Clinton-Davis]

My Lords, what contingencies exist for aids to navigation in the EU, Britain and Ireland? Will the Minister address that issue?

[Earl Attlee]

My Lords, I am not quite sure what the noble Lord is getting at, but it is important to understand that the specification for aids to navigation would, I imagine, come under IMO auspices rather than EU auspices.

Airports: Heathrow

Debate between Earl Attlee and Lord Clinton-Davis

Wednesday 13th February 2013 Lords Chamber

[Earl Attlee]

My noble friend raises an important point. In the event of bad weather, a committee, HADACAB, determines whether it is desirable to reduce the number of flights so that Heathrow, or any other airport, is not running at maximum capacity and time is provided for the runway to be cleared.

[Lord Clinton-Davis]

Is not the truth of the situation that the Government have made up their mind, despite evidence to the contrary, that Heathrow has to be ruled out? Is there any alternative? What do the Government propose? Is not time of the essence?

[Earl Attlee]

The noble Lord will know that this is an extremely difficult issue. For every suggestion that the noble Lord could make about what we should do about this problem, I could tell your Lordships what the difficulty is. We have set an extremely difficult exam question for the Airports Commission, and we will just have to wait and see what it advises.

Airports: Capacity

Debate between Earl Attlee and Lord Clinton-Davis

Tuesday 8th January 2013 Lords Chamber

[Earl Attlee]

My Lords, we are not. We have set up the South East Airports Task Force to look at short-term measures to gain some capacity at Heathrow. In the rather longer term, we have the aviation policy framework, which we are committed to publishing in March 2013. Finally, we have set up the Airports Commission, headed up by Sir Howard Davies.

[Lord Clinton-Davis]

Is it not likely that non-British airports will heartily welcome the Government’s unpardonable delay in selecting an international hub airport, whether at Heathrow or elsewhere? What does the Minister say about that?

[Earl Attlee]

My Lords, this problem was not unforeseeable. It has been coming for many years, including when noble Lords opposite were in government. We need to get a consensus and find a lasting solution that will survive a change in Governments.

Aviation: Policy

Debate between Earl Attlee and Lord Clinton-Davis

Monday 23rd July 2012 Lords Chamber

[Earl Attlee]

My Lords, I agree that aviation is vital to the economy of the United Kingdom. My noble friend asked me about the delay. It is important that we get this policy right and that it can be sustained even with a change in government.

[Lord Clinton-Davis]

Aviation companies and trade unions argue that the aviation policy devised by the Government is based on indecision not decision. Would it not be hugely advantageous for the UK if we had a third runway at Heathrow, embarked on large-scale road traffic amelioration there and, at the same time, sought to develop a south-eastern airport? Would that not be an advantage?

[Earl Attlee]

My Lords, the noble Lord suggests that there would be an advantage in having a third runway. Of course there would be an advantage in having a third runway, which is why the previous Government supported one. However, we also need to bear in mind the interests of the more than 200,000 people who live in west London underneath the flight path.

Civil Aviation Bill

Debate between Earl Attlee and Lord Clinton-Davis

Wednesday 4th July 2012 Grand Committee

[Earl Attlee]

My Lords, I am grateful to the noble Lord, Lord Davies of Oldham, for raising this important and sensitive issue. I fully agree with your Lordships that we need to ensure that passengers are treated with respect and dignity at all points during their journey through an airport.

I hope I can reassure your Lordships by explaining that the goal that the amendment is designed to achieve is already covered by the Bill. Airports are required by European and domestic regulations to undertake security checks on all passengers, and it is the responsibility of airports to ensure that their customers are treated with dignity and respect.

Clause 80 inserts new Sections 21H and 21I into the Aviation Security Act 1982. New Section 21I requires the CAA to provide such aviation security advice and assistance as it considers appropriate to the persons listed in its subsection (3), including the managers of aerodromes in the UK. In giving such advice and assistance, the CAA has to have regard to the purposes to which Part 2 of the Aviation Security Act 1982 applies, which are broadly the protection of civil aviation against acts of violence. Therefore, if the CAA considered it appropriate, having regard to the purposes to which Part 2 of the Aviation Security Act 1982 applies, it could provide advice and assistance on maintaining the dignity of passengers wearing religious clothing when subject to security checks.

I know that some passengers may worry about security checks and feel uncomfortable about being subjected to them—I certainly do—but, like my noble friend Lord Rotherwick and, I suspect, the whole Committee, I understand that such searches are essential if security is to be maintained in the face of a real and continuing threat from terrorist groups that seek to do us harm.

As I am sure your Lordships will know, each passenger departing from a UK airport undergoes standard security processes irrespective of their age, gender or ethnic background. These checks ensure that they are not carrying articles prohibited from the security-restricted area on to the aircraft. This principle will not change.

Security staff are trained to recognise that some passengers may have particular concerns about searches, particularly searches of some religious clothing, such as those from the Sikh community who wear turbans. The noble Lord, Lord Clinton-Davis, referred to Orthodox Jews.

A problem emerged in April 2010 when new EU regulations came into force that required a hand search of turbans to be carried out. Physical contact with the turban causes hurt and offence to Sikhs. As pointed out by the noble Lord, Lord Davies of Oldham, other European states might not be so sensitive to these issues. My right honourable friend the former Secretary of State acted swiftly and instructed airports to continue with the method used prior to April 2010, which mainly involved hand-held metal detectors, while consideration was given to how to resolve the concerns expressed by the Sikh community. After intensive work, a pilot project was put together in a very short time and with the assistance of the Sikh community. The noble Lord pointed out that there is good co-operation between all communities because we are all in it together.

The trial is now under way at almost all the UK’s airports, using a combination of explosive trace detection and hand-held metal detectors as an alternative to a hand search of the turban. The trial is going well and we have been keeping the European Commission up to date with the results. My right honourable friend the Minister of State for Aviation has written to Ministers around Europe to highlight the importance of the issue and to draw their attention to the trial.

We hope that the trial will provide a sound basis of evidence for the EU in deciding on whether it is possible to change the European rules on security to meet the concerns of Sikhs and to ensure that they operate in a culturally sensitive way. The Department for Transport submitted a report on the trial to the European Commission on 28 June. The trial delivered good results and is continuing for the remainder of the summer at least.

[Lord Clinton-Davis]

Would it not be very simple for people who are especially vulnerable to be searched in private—in other words, to go to an area where other people are not present?

[Earl Attlee]

My Lords, the noble Lord makes a good point. Passengers may request a private search. I am confident on that point, but perhaps it would be helpful if I wrote to the Committee in a little more detail on it.

The trial delivered good results and is continuing for the remainder of the summer at least. We are actively engaging with the EU with a view to continuing to conduct such searches in this manner. I hope that the Committee will agree that the matter is under control.

[Lord Clinton-Davis]

Would the Minister say that the discussions with the commissioner concerned were very positive, or otherwise?

[Earl Attlee]

My Lords, I am very sorry, but I did not catch what the noble Lord said.

[Lord Clinton-Davis]

I think there have been discussions between the Government and the Commission. Is the commissioner concerned on the Government’s side in this matter?

[Earl Attlee]

My Lords, I am sure that the Commission is in a listening mode, because otherwise it could be storing up problems for itself in future.

--- Later in debate ---

[Lord Clinton-Davis]

Experience is a vital criterion, is it not?

[Earl Attlee]

It is indeed, my Lords. If we thought that we would lose a large number—or a majority—of the experienced staff due to this change, we would not do it. However, I see no reason why aviation security specialists who currently work for the DfT would not be equally happy working for the CAA. If they were being invited to work in the private sector, that could be much more of an issue. However, they will be transferring from one respected government department to another respected organisation.

--- Later in debate ---

[Earl Attlee]

The Government believe that industry will benefit from the efficiencies that could be gained from having aviation security and safety regulation in one place. The CAA has potentially valuable experience of safety management systems that are designed to manage risks as effectively as possible. We think that this experience, coupled with the skills and experience of the DfT staff, could bring real benefit to how we regulate aviation security in the UK. That move would also mean that the principle that the user pays is applied to aviation security in the same way as it is applied to aviation safety.

Charging the industry for the regulation of aviation security will align it with the vast majority of other forms of regulation, including the CAA’s regulation of aviation safety. The aviation industry already meets the costs of providing security at close to £1 billion per annum, so the cost of regulation at £4.8 million per annum is a small addition that could be neutralised by efficiency savings arising from the reform package.

The noble Lord asked me about secondments, which the PCS trade union also raised in its evidence to the Public Bill Committee in the House of Commons. We can look at how secondments might be used as we develop our plans for the transfer. However, we consider that seconding DfT staff to the CAA instead of transferring them is unlikely to help to ensure that experienced staff remain with the CAA when the secondments end.

[Lord Clinton-Davis]

Will the noble Lord respond to my suggestion that this provision should be looked at regularly?

[Earl Attlee]

My Lords, I am sure that when they make a change, all Governments consider whether they have done the right thing. I am not sure about a formal review, but all Ministers look back to make sure that the changes that they have implemented are working.

--- Later in debate ---

[Lord Clinton-Davis]

My noble friend has addressed a very important issue. I speak as someone who is partially disabled. Some sort of annual report is desirable. I am not sure whether it has to be dealt with in legislation, but there ought to be a clear obligation to ensure that the requirement is enforced. I cannot understand why there should be any opposition to that. I do not care whether there is a requirement in law, but there ought to be an understanding, if there is not a requirement in law, that that should be invoked.

People who are disabled or have reduced mobility are highly important passengers. At the moment, their requirements are not properly met. Therefore the proposition advanced in the amendment ought to be implemented forthwith. Again, disabled and reduced mobility passengers are vital and should not be overlooked. I hope that the Minister will properly address the important point made by my noble friend Lord Rosser.

[Earl Attlee]

My Lords, of course the Government agree that it is important that airlines and airports are sensitive to the needs of disabled people and comply with the European regulation which has been enacted to protect the interests of people with disabilities. The noble Lord, Lord Rosser, has asked a specific question about how the CAA balances its duties under Clause 1 with the needs of disabled passengers. The answer is that the CAA has to strike a balance. The reason for that is that disabled passengers are also users of air transport services, so they need to be taken into consideration.

Unfortunately, however, I cannot support the amendment for several reasons. I must highlight concern about how it would work in practice: my first concern is practical. The amendment is drafted in such a way as to put the obligation to produce an annual report jointly on the Secretary of State and the Civil Aviation Authority. I have significant doubt about linking together the regulator and the Secretary of State in that way. The aviation regulator and the national enforcement body for European aviation consumer legislation is separate from the Secretary of State in respect of ensuring compliance with EU law, and the amendment could be seen to compromise the CAA’s independence in that role.

The second reason why I cannot support the amendment is that effective mechanisms are already in place to secure the commendable result intended. I say in answer to the noble Lords, Lord Rosser and Lord Clinton-Davis that the CAA already publishes an annual report and corporate plan and makes a considerable amount of consumer information available on its website. An extra annual report on a specific area of legislation, on top of those more wide-ranging reports, would be disproportionate. The CAA is already committed to the principles of better regulation and aims to be as transparent as possible in all its work, including compliance with and enforcement of consumer protection legislation.

The noble Lord, Lord Rosser, asked about the future of the Disabled Persons Transport Advisory Committee. The Government have gone out to public consultation on the future of the DPTAC. The consultation closes in September. The CAA continues to develop its capacity to help consumers and has advanced the setting-up of a new consumer advisory panel to act as a critical friend of the regulator as it moves forward in putting consumers at the heart of its regulatory efforts.

[Lord Clinton-Davis]

The noble Lord explained that there was an obligation on the CAA to do something like this. Do ordinary consumers have the ability to understand the obligations of the CAA at present? That is all-important; I am not sure that they have.

[Earl Attlee]

My Lords, the noble Lord makes an interesting point. In a debate on an earlier amendment I admitted that I had not looked at the information that the CAA published on issues such as fares. I also admit that I have never looked at the CAA website, and I suspect that most passengers never look at it. However, several organisations look after the needs of disabled people, and I have no doubt that they will look very closely at all the information that is published by the CAA.

[Lord Clinton-Davis]

That is not good enough. There is an obligation on everyone in this Committee to understand precisely how disabled people, or those with reduced mobility, are protected. It is absolutely important.

[Earl Attlee]

My Lords, if the noble Lord will let me finish my speech, he may gain a better understanding. Also, I will send him more details by post.

Noble Lords will know that the CAA announced in April that the chair of the new panel would be Keith Richards. Mr Richards has considerable experience of disabled air passenger issues, having been chair of the aviation working group at the Disabled Persons Transport Advisory Committee for many years, as well as a former head of consumer affairs at the Association of British Travel Agents. The CAA and the new panel chair will need time to develop a relationship, but, it would not be unreasonable to suppose that the experience of disabled passengers at airports and on planes will be of considerable interest to the new chair. I suggest that it would be better to allow the new CAA consumer panel to have the space to develop how it will go about its work, and how best to support and inform passengers, than to impose an obligation on it in the way suggested by the noble Lord’s amendment. In view of this, I hope that the noble Lord will withdraw his amendment in due course.

Civil Aviation Bill

Debate between Earl Attlee and Lord Clinton-Davis

Monday 2nd July 2012 Grand Committee

[Earl Attlee]

My Lords, the amendment seeks to amend subsection (7)(b) of Clause 29. The clause contains provisions relating to the publication of, and other matters connected to, the determination of appeals.

The current drafting provides that the CAA must take steps to comply with the appeal determination within any time period specified in the order. When none is specified, it must do so within a reasonable time. I am unable to support the amendment for two reasons. First, we do not think that it is necessary. Under subsection (7)(a) of the clause, the Competition Commission may specify a time limit in the order. We would expect it to do so if and whenever appropriate. Why would it not do so? Secondly, in circumstances where it is not appropriate to specify a period, it will be necessary to afford the CAA a reasonable time within which to comply with the order. What will comprise a reasonable time depends upon the context. There may be cases where action should be taken in fewer than 24 weeks and others where it is not reasonable to expect the CAA to take action within that period.

The noble Lord, Lord Rosser, asked me to give examples. I do not have any to hand but there may, I suggest, be a requirement to provide IT facilities or some capability that might require the CAA to procure something. It simply would not have time to take the necessary procurement action, although it might have every intention of doing so and perhaps give assurances that it would do so.

Against this background, to set an arbitrary time limit of 24 weeks is not appropriate and may cause injustice. Therefore, it is prudent to retain the flexibility that subsection (7)(b) provides the CAA. This flexibility is consistent with our wish for the CAA to be an efficient regulator but to allow it appropriate periods of time to comply with orders. I hope that in the light of my explanation the noble Lord will be willing to withdraw the amendment.

[Lord Clinton-Davis]

I have a certain amount of sympathy with what has been said but the trouble with this provision is that it lacks specificity. That is desirable in legislation. I have some doubts—perhaps the Minister can remove them—as to whether these sorts of provisions are capable of determination without difficulty. Perhaps I am wrong about that. The Minister ought to take another look at this matter. We are on the same wavelength on this. There is no doubt that we are in agreement about the provision that the Minister has in mind but I am doubtful about the wording.

[Earl Attlee]

My Lords, I am not a lawyer but I do not have any difficulty in understanding the provisions. I do not understand why the Competition Commission or the Competition Appeal Tribunal would not set a time limit if it were appropriate to do so. If it were inappropriate—the CAA might have said that it was already complying and had no intention of stopping complying—it would be totally unnecessary to impose a time limit. However, I would expect the Competition Commission to impose a time limit if it were desirable.

[Earl Attlee]

My Lords, I do not know the answer to that question, but I imagine that if it was not done within a reasonable time, there would be a mechanism for the appellant to go back to the Competition Commission or the Competition Appeal Tribunal. However, if I have got that wrong, obviously I will write to the noble Lord.

[Lord Clinton-Davis]

I would have expected the Minister to say that the phrase “within a reasonable time” is used repeatedly in other legislation. Will he consider that?

[Earl Attlee]

My Lords, the terms “a reasonable time” and “a reasonable person” are frequently found in legislation. The noble Lord is absolutely right.

Civil Aviation Bill

Debate between Earl Attlee and Lord Clinton-Davis

Wednesday 27th June 2012 Grand Committee

[Earl Attlee]

My Lords, the issue of aviation and the environment was raised by several noble Lords during Second Reading. I am pleased to return to the matter again and to give further consideration to this important subject. I have not tabled a government amendment because I am reluctant to pre-empt the Committee’s consideration of this topic. However, I hope that when we have finished the Bill the noble Baroness, Lady Worthington, will not be disappointed.

The noble Baroness almost fell into the trap of being political. She will know that we take environmental issues very seriously indeed and that that is why the coalition Government will not agree to a third runway at Heathrow. It is clearly for environmental reasons, particularly noise. This was referred to by the noble Baroness, Lady McIntosh. Perhaps the noble Baroness, Lady Worthington, will state what her party’s policy is with regard to the third runway at Heathrow. Does she or does she not support it? I can assure your Lordships that I have listened to the points raised today and that I shall carefully read Hansard.

The point was raised about the drafting of the amendment. Yes, Amendment 13A was substituted for Amendment 12 on the Marshalled List.

Many noble Lords asked why other economic regulators have an environmental duty but not the CAA. Other economic regulators apply economic regulation across most or all of their respective industries, but the CAA regulates only the three London airports, as observed by my noble friend Lord Cathcart. Why should Manchester not be subject to environmental regulation while Gatwick is? If the CAA had an environmental duty, no noble Lord has explained to me, by way of example, what it would do with it that is not already done by some other means.

My noble friend Lord Jenkin asked about the publication requirements in Clause 84. We are not quite there yet but I will write to my noble friend and, if necessary, he can table an amendment to Clause 84.

[Lord Clinton-Davis]

The noble Earl has referred to Clause 84, which is highly desirable apart from one feature. It would be helpful to allude to that now. Why does the CAA have to divulge environmental information only if it considers it appropriate?

--- Later in debate ---

[Earl Attlee]

My Lords, I must admit that I am puzzled by these amendments. I take it that they are merely probing amendments, but they are certainly not mundane. They seek to weaken the principles that the CAA and the Secretary of State must have regard to when discharging their economic regulation functions. Specifically, they seek to remove the need to have regard to the principle that regulatory activities should be targeted only at cases in which action is needed. To this extent, the amendment may inadvertently facilitate or encourage excessive regulation, and I am sure that the Committee will agree that that is clearly not desirable. I ask noble Lords to oppose these amendments today because they would remove provisions in the Bill that strengthen the adherence of the CAA and the Secretary of State to good economic regulation practice.

This first amendment seeks to delete one of the principles that the CAA must have regard to in performing its duties under subsections (1) and (2) of Clause 1, which sets out the CAA’s general duty. That principle is that,

“regulatory activities should be targeted only at cases in which action is needed”.

The second amendment makes the same provision for the Secretary of State’s duties.

The principles set out in Clause 1(4) and Clause 2(5) are those that the Better Regulation Task Force defined in 1997 as in keeping with good regulation. They were that good regulation should be transparent, accountable, proportionate, consistent, and targeted.

These principles are not in the Bill by accident. They are a well recognised starting point and one looks to encourage those responsible for economic regulation to apply them appropriately. Having provisions in legislation that reflect these principles is sensible and makes clear what is expected of regulators. It is not only desirable but good practice to have these provisions to encourage the CAA to discharge its Clause 1 functions in a manner that discourages unnecessary regulation.

It is known that economic regulation is an imperfect intervention. It should be used only where an unregulated market fails to deliver competitive outcomes. However, used appropriately, it can be an effective tool. The provisions in Clauses 1(4) and 2(5) ensure that this is the case in the Civil Aviation Bill. Furthermore, as an experienced regulator, the CAA is not troubled by having regard to the principles set out in Clause 1(4)(b). Indeed, it considers it sound regulatory practice, as do the Government.

[Lord Clinton-Davis]

It would be convenient for the Committee if the Minister would say that he will have another look at this particular provision because, notwithstanding what he has said, it is not sensible.

Earl Attlee: My Lords, further to the question of the noble Lord, Lord Clinton-Davis, the noble Lord, Lord Rosser, asked me a most ingenious question—which my officials and I will carefully study in Hansard—and if he has exposed a problem I will deal with it. However, I suspect that the advice from my officials is correct. For these reasons, I hope the noble Lord will withdraw the amendment.

Civil Aviation Bill

Debate between Earl Attlee and Lord Clinton-Davis

Wednesday 13th June 2012 Lords Chamber

[Earl Attlee]

My Lords, we are an island nation and our access to the rest of the world—and the rest of the world’s access to us—is primarily through air travel. That is why the aviation sector is so important to our economy. In 2010, goods worth £113 billion were moved by air between the UK and non-EU countries. In the same year, UK airports served nearly 400 international destinations. That level of activity is possible because over the past 30 years the aviation industry has changed to meet the needs of the customer. The emergence of low-cost carriers is one example of how the industry has innovated and diversified. There has also been an increase in the number of people travelling by air in this country, from 59 million passengers in 1982 to 211 million in 2010.

While the sector has changed dramatically, the regulatory framework which governs it has not. Much of our aviation regulation originated in the 1980s, and needs to be brought into the 21st century. The Government are committed to bringing vital reform to our aviation regulation. In a moment I will set out this reform in more detail, but let me first make clear the important theme that runs through the Bill: putting the interests of the passenger at the heart of airport regulation. For the first time, the CAA’s primary economic regulation duty will be to users of air transport services—that is, the passengers and owners of cargo.

The Bill introduces reform in four areas: the economic regulation of airports, the legislative framework of the CAA, the Air Travel Organisers’ Licensing scheme, and aviation security. I would like to explain each of these in turn, beginning with the reform to the economic regulation of airports. In the UK, the gas, electricity, water, telecoms and post sectors all have some level of economic regulation. Economic regulation typically operates through an independent regulator capping the prices that companies with substantial market power are able to charge and specifying levels of service quality. Much of the aviation industry in this country is competitive. That is how the Government prefer it to be. Effective competition gives firms the incentives to invest and improve efficiency, choice, and service quality.

However, a small number of airports—currently Heathrow, Gatwick and Stansted—have substantial market power and are not subject to sufficient levels of competition. In order to replicate the effects of a competitive market on these airports, the CAA exercises its powers of economic regulation in the form of price caps and service quality requirements. However, there is compelling evidence that the framework for the economic regulation of airports needs updating. The Competition Commission has concluded that the regime distorts competition between airlines and should be reformed. Advice from an independent panel of experts and responses from three evidence-gathering exercises has further indicated that the current regime is not fit for purpose. I should also add that the previous Government agreed that reform is necessary—a fact that helps explain the considerable degree of cross-party support the Bill has attracted so far.

The most common criticisms of the current regime are that the regulation is disproportionate and difficult to adapt to individual airports, that the CAA is unable to respond effectively to extraordinary events such as volcanic ash or extreme weather, that the regulator is insufficiently accountable for its decisions and its priorities are unclear, and that the regulatory process is burdensome and inefficient. The Bill would remedy these problems.

Where the current legislation gives the CAA four separate and sometimes competing duties, the Bill replaces them with a primary duty to passengers and owners of cargo. Where the CAA is presently constrained by rigid rules that require it to set five-year price caps when regulating dominant airports, the Bill would give the CAA a modern licensing system. Under this new system, licence conditions could be tailored to individual airports to tackle specific challenges at particular times. This licensing system would also enable the CAA to reduce the degree of economic regulation imposed on individual airports if it believed that this would benefit passengers. For example, instead of controlling prices, it could monitor prices while regulating certain aspects of service quality. The new system would also enable the CAA to impose different regulatory time periods. For example, setting longer periods for price controls would provide greater certainty and could stimulate investment.

Currently, it is the responsibility of the Secretary of State to decide which airports should be subject to economic regulation. The Bill proposes that the CAA, as an independent and expert body, should make that decision against clearly defined criteria set out in the legislation. Another criticism of the current regime is the lack of accountability it provides for key regulatory decisions. At present, judicial review is the only way to challenge the CAA’s decisions on the price cap and service quality standards that airports must meet. Under the Bill, the licence conditions imposed will be appealable by the licence holders and materially affected airlines. These appeals will be made to the Competition Commission, thereby removing the need to go straight to judicial review. The decision on whether an airport is dominant will be also be appealable to the Competition Appeal Tribunal. To summarise, the reforms will deliver a new system of regulation that is fairer, more flexible, and more focused than the current regime.

I turn to reforming the legislative framework of the CAA itself. Measures in Part 2 of the Bill will change the way in which the CAA operates, improving transparency and accountability; removing unnecessary government involvement and funding; and cutting red tape. The Government believe that a more transparent system of providing information would be of benefit to the public. At the moment it is very difficult for passengers to compare air services—for example, to establish which airline is most likely to lose luggage, or which airport garners the most complaints from passengers. It is also difficult for consumers to find out environmental information about aviation.

In 2011, PricewaterhouseCoopers looked at the reports of 46 world airlines and found, for example, that only one-third reported on their noise levels. The Bill will create a new duty for the CAA to publish, or arrange for the aviation sector to publish, information to help users compare services. The CAA will also be given a duty to inform the public about the environmental effects of civil aviation in the UK. It is important that these duties are performed proportionately, so the CAA will have to consult on its approach and have regard to the principle that the benefits of taking action should outweigh any adverse effects.

Other measures to modernise the legislative framework of the CAA include giving the CAA new freedoms to appoint its own executive directors. Where at the moment the CAA has recourse only to slow, costly, and often disproportionate criminal sanctions in enforcing regulations, the Bill will enable the Secretary of State to give the CAA powers to enforce offences through civil sanctions. I am pleased to say that Part 2 of the Bill also brings forward a recommendation that was made by this House.

In the course of its licensing duties, the CAA collects medical data on individuals in the air transport industry. In 2007, your Lordships’ Committee on Science and Technology, as part of its inquiry into air travel and health, recommended that anonymised medical data held by the CAA should be made available for ethically approved medical research. Clause 104 meets this recommendation. Of course, we have built in safeguards to help to ensure these data are used appropriately. I urge your Lordships to read the appropriate section carefully.

I will now move on to our proposals to improve the regulation of aviation security. Keeping people safe and secure when they travel is of prime importance. At present, aviation safety is regulated by the CAA, while security regulation is carried out by the DfT. The Bill would move security regulation from the DfT to the expert regulator, the CAA. On both safety and security, the aviation industry would have to deal with only one regulator, not two. The move would have the further advantage of bringing the “user pays” principle to aviation security. The costs of the aviation industry should, as far as possible, be paid for by the people who use it. At the moment, the aviation industry pays for safety regulation, but the public purse pays for security regulation. The position under the Bill would be fairer.

The final measure in the Bill that I will mention, which accounts for just one clause, Clause 94, is the reform to the Air Travel Organisers’ Licensing scheme—ATOL for short. Over the years the ATOL scheme has given peace of mind to millions of holidaymakers who have known that because their holiday is covered by the scheme they will not be left stranded or out of pocket if their travel company becomes insolvent. However, diversification in the holiday market since the scheme was set up—in particular, the changes associated with internet booking—mean that it is no longer clear to some consumers whether their holiday is ATOL-protected or not.

Certain sorts of holiday—for example, those sold by airlines and on an agent for the consumer basis—cannot currently be required to be included in the ATOL scheme because they fall outside the relevant powers in Section 71 of the Civil Aviation Act 1982. So Clause 94 of this Bill would allow us to improve clarity for the consumer, by giving the Secretary of State powers to add more holidays to the ATOL scheme, including holidays sold by airlines and agents for the consumer. This should also mean that businesses selling holidays that include a flight will have a more coherent and consistent regulatory framework in which to operate.

The Civil Aviation Bill has undergone thorough scrutiny—

[Lord Clinton-Davis]

The Minister is right to stress the importance of aviation to this country. Does it not follow that the pilots are an extremely important part of that? Why did 91% of the members of the BALPA union consider the Government to be not supporting the industry sufficiently? Is that not a serious point that ought to be taken into account?

[Earl Attlee]

My Lords, I am sure it is a very serious point. I will be meeting representatives of BALPA shortly, certainly before the Committee stage starts.

The Transport Committee found the Bill to be clearly welcomed by the aviation industry, including airlines, airports and the CAA. It also found that the draft Bill has been,

“subject to detailed review and consultation over a lengthy period”—

and, although it raised some points which have since been picked up in the Commons, it found that the Bill—

“appears to offer a better way to regulate UK airports in the future”.

I look forward to debating the merits of the Bill with your Lordships in this Chamber. I am confident that we will maintain the high level of scrutiny that the Bill deserves and has attracted so far.

I beg to move.

--- Later in debate ---

[Earl Attlee]

My Lords, we have conducted a full and wide-ranging debate on the merits of the Bill. Many noble Lords have made the case for the continuing importance of our aviation sector. The continuing success of the industry is essential to our economic growth. The reforms in the Bill have been designed to allow competition to flourish and for our aviation industry to innovate and thrive. The Government, the Opposition, the regulator and the wider aviation industry all support the Bill.

I shall now endeavour to respond to some of the points made by noble Lords but they will understand if I have to be selective in what I reply to. I am grateful for the thoughtful and generally helpful response from the noble Lords, Lord Davies of Oldham and Lord Rosser. I am very happy to accept that the previous Administration put a lot of work into the Bill. The noble Lord, Lord Davies, complained that the Government did not accept Front Bench amendments in another place. Of course, our roles are now reversed and I am sure that the same accusation could have been levelled at the noble Lord when he was in government.

The noble Lord, Lord Davies, mentioned climate change. He and the noble Lord, Lord Rosser, will recognise that the Bill is about regulation of the aviation industry. However, I look forward to seeing the noble Lord’s amendment on carbon emissions and how they will work within the confines of the Chicago Convention. The noble Lord, Lord Rosser, offered gentle criticism of the aviation industry. He will be aware that the new generation of aircraft is much quieter and much more efficient.

My noble friend Lord Bradshaw and the noble Lord, Lord Soley, talked about the problem of stacking. The Civil Aviation Authority’s future airspace strategy deals with this problem and one or two others. The Director of Airspace Policy at the CAA recently made a presentation to your Lordships on the possibilities of the future airspace strategy. My noble friend Lord Bradshaw talked about the possibilities of other UK airports and, for his pains, he got a response from the noble Lord, Lord Soley, about hub connectivity.

The noble Lord, Lord Davies of Oldham, and many other noble Lords, raised the issue of capacity at Heathrow. They recognise, of course, that the Bill deals with regulation but I am happy to respond. The Government recognise the need to maintain the UK’s excellent connectivity now, and in the longer term. This is why we will issue a call for evidence later this summer alongside our consultation on the draft aviation policy framework to explore the options to achieve this. We remain committed to adopting the aviation policy framework by March 2013.

The coalition Government’s position regarding a third runway, mixed mode, and the planning cap on air traffic movements at Heathrow has not changed. I can assure noble Lords that we will follow a proper process in developing a long-term aviation policy which is in the UK’s best interests.

[Lord Clinton-Davis]

Is it still the noble Earl’s view that the Government are ruling out a third runway at Heathrow?

[Earl Attlee]

My Lords, I repeat: I can assure the noble Lords that we will follow a proper process in developing a long-term aviation policy which is in the UK’s best interests.

[Lord Clinton-Davis]

Time without number it is reiterated that a third runway is to be ruled out and several other government Ministers have said the same. What is the present policy?

Aviation Policy

Debate between Earl Attlee and Lord Clinton-Davis

Monday 14th May 2012 Lords Chamber

[Earl Attlee]

My noble friend makes a very good point. That is exactly why we have called for evidence on hub connectivity.

[Lord Clinton-Davis]

Are not the Government suffering from infinite blindness? We have an effective airport at Heathrow, do we not? Subject to some improvement of access by road and rail, would that not be a far better option than anything else?

[Earl Attlee]

My Lords, we have an effective airport at Heathrow. The difficulty, of course, is that it is running at 98% capacity, so we need to make it better but not bigger.

Airports: Heathrow

Debate between Earl Attlee and Lord Clinton-Davis

Monday 12th December 2011 Lords Chamber

[Earl Attlee]

I am grateful to my noble friend. I am absolutely sure and clear that there will not be a third runway at Heathrow.

[Lord Clinton-Davis]

—will be available at Heathrow between 2012 and 2015? I would be obliged if the Minister could give me an answer.

[Earl Attlee]

My Lords, I am very sorry but I did not catch the first part of the noble Lord’s question.

[Lord Clinton-Davis]

How many slots will be available at Heathrow between 2012 and 2015?

[Earl Attlee]

My Lords, I am grateful to the noble Lord. There will be no increase in slots at Heathrow, but the key point is that the number of aircraft movements is capped at 480,000 movements per year.

Airports: London

Debate between Earl Attlee and Lord Clinton-Davis

Wednesday 16th March 2011 Lords Chamber

[Earl Attlee]

The noble Baroness makes an extremely good point.

[Lord Clinton-Davis]

What effect, if any, do the Government estimate there will be on British aviation and employment if capacity in the London area, particularly at Heathrow, is reduced or remains as it is? What consideration, if any, have they given to these issues?

[Earl Attlee]

My Lords, we have given a lot of consideration to these issues. I have talked about the South East Airports Task Force; there is also a wider, long-term, more strategic study. However, we will not make any significant increase in airport capacity in the south-east.

[Lord Clinton-Davis]

My Lords, I forgot to declare an interest as president of the British Airline Pilots Association.

[Lord Swinfen]

My Lords, what proposals are there for the expansion of Manston Airport, which has a trunk road running along its southern boundary and a railway line about a mile away?

Airports: Heathrow

Debate between Earl Attlee and Lord Clinton-Davis

Tuesday 15th February 2011 Lords Chamber

[Earl Attlee]

My Lords, I am confident that my ministerial colleagues have meetings as appropriate. On 7 September, the Minister of State laid a Written Ministerial Statement before Parliament on Heathrow operating procedures. That Statement confirmed that the Government would not approve the introduction of mixed mode, disturb the current arrangements for early-morning runway alternation, westerly preference and night-time rotation of easterly and westerly preference, or reopen the previous Government’s decision to end the Cranford agreement.

[Lord Clinton-Davis]

My Lords, I declare my interest as president of BALPA. In view of the Minister’s woeful comments, does he agree that there is really no alternative to Heathrow? Uncertainty is inimical to British aviation, particularly as far as passenger transport is concerned. Would it not make more sense to ensure now that the present situation at Heathrow is not imperilled and that the airport is expanded? What viable alternative is there?

[Earl Attlee]

My Lords, I have to say again that we believe that an additional runway would significantly damage the quality of local communities. It would also cause an unacceptable level of environmental damage, undermining our efforts to combat climate change.

Airports: Heathrow

Debate between Earl Attlee and Lord Clinton-Davis

Monday 31st January 2011 Lords Chamber

[Earl Attlee]

My noble friend is absolutely right. That is why my right honourable friend the Secretary of State has asked Sir John Beddington to give us some scientific data on how likely it is that we will experience such severe winters in future.

[Lord Clinton-Davis]

I declare an interest as the president of BALPA. Is it not obvious, without any inquiry, that there are serious disadvantages in on-stand de-icing, including leaving parking stands awash with fluid overspray that could lead to serious health and safety risks? Is there not a real lack of de-icing rigs? Will the Government make a statement about that?

[Earl Attlee]

My Lords, it is important to understand that there are two areas of responsibility. BAA is responsible for keeping the runways and taxiways clear, but the airlines are responsible for de-icing the aircraft. I asked about the environmental impact of the de-icing fluid, which is a glycol-based chemical. I was advised that the de-icers are intercepted and the effluent is reprocessed.

Controlling Migration

Debate between Earl Attlee and Lord Clinton-Davis

Tuesday 23rd November 2010 Lords Chamber

[Lord Clinton-Davis]

My Lords—

[Earl Attlee]

There has been only one Conservative question.

Roads: Drink-drive Limit

Debate between Earl Attlee and Lord Clinton-Davis

Thursday 4th November 2010 Lords Chamber

[Lord Clinton-Davis]

To ask Her Majesty’s Government whether they plan to review the drink-drive limit.

[Earl Attlee]

My Lords, the Government are committed to improving road safety and reducing the number of drink-related road casualties. As the House knows, the previous Government commissioned Sir Peter North to undertake an independent review of measures to combat drink and drug driving in Great Britain. We are considering the report’s recommendations. We have reached no conclusions yet, but we aim to respond to the report by the end of the year.

Lord Clinton-Davis: My Lords, is the Minister able to give an assurance that the Government will seriously consider the North committee’s proposal to reduce alcohol limits to 50 milligrams per 100 millilitres of blood, in line with the prescription pursued by the Governments of Germany, France, Holland, Spain and Italy. Why should we be the sole exception? Would he acknowledge that, if the North committee’s report was followed, hundreds of lives would be saved?

[Earl Attlee]

My Lords, we will consider the report very carefully indeed. On the noble Lord’s point about other countries, they have lower limits, but they also have much lower penalties for low blood alcohol concentrations.

There are thought to be two groups of drinkers. There are regulated drinkers who drink at home and who, if they drink out, arrange their affairs so that they do not need to drink and drive. Such drinkers know how much they have drunk and, if they do offend, it is a terrible mistake for them. It is relatively easy for the police to detect such people if they drink and drive, and they are terrified of being caught because of the consequences. There are also unregulated drinkers who do not control how much they drink, are clinically or socially dependent upon alcohol, will drive with a BAC far in excess of the legal limit and have no intention of adhering to the drink-drive legislation.

Transport

Debate between Earl Attlee and Lord Clinton-Davis

Monday 5th July 2010 Lords Chamber

[Earl Attlee]

My Lords, I am very grateful to the usual channels for giving us the opportunity to have a full debate on transport matters, and in prime time. The provisions of the Companion apply but we have no overall limit on time, and that is a pleasant change from our normal ration. We have an excellent list of speakers who have much experience and knowledge in the field. The noble Lord, Lord Davies of Oldham, has spoken on transport from the Front Bench for many years, and I am delighted that he will continue to do so. I am sure that he will give me not only a run for my money but the benefit of his wise counsel.

Transport is, and always has been, an integral part of a strong economy and a free society in the UK. It was 250 years ago this month, 180 miles to our north on the Duke of Bridgewater’s estate, that excavation work began on the central section of a groundbreaking canal linking the coal mines at Worsley Mill to factories in the heart of Manchester. The Bridgewater Canal revolutionised transport in this country, and the boom in canal building that followed its construction unleashed a wave of industrialisation that transformed Britain into the richest nation on earth.

This country’s history has long borne witness to the importance of transport in supporting its economic and social development. As a proud maritime power, for centuries our ships have carried goods to and from the furthest-flung corners of the globe. In the decades following George Stephenson’s pioneering trial of his Rocket locomotive in 1829, we became the first country to develop a comprehensive railway network, carrying our citizens and commerce between towns and cities the length and breadth of our island. In the 20th century, the motor car brought unprecedented personal freedom to millions, while air travel shrunk space and time and, in doing so, opened markets, spread trade, connected countries and brought people and communities closer together than ever before. We now live in a globalised world. We are interconnected and interdependent—socially and culturally, economically and environmentally. What binds, links and supports us is transport. So, as we stand here in 2010, our duty is to build on the successes of the past and continue with the task of delivering a transport system that is safe and accessible; that supports communities and spreads opportunity; and that sustains the economy and safeguards the environment.

Noble Lords will note that safety was deliberately the first issue I listed. I did so because safety will always be paramount in this country’s transport systems. We have a duty to ensure that our citizens are conveyed on the safest aircraft, the safest ships, the safest trains and the safest road vehicles. We are fortunate that the UK is already a world leader on safety. The latest figures show that the number of people killed in road accidents fell by 12 per cent, from 2,538 in 2008 to 2,222 in 2009, but this still leaves us facing a toll of more than six deaths per day—a cost in life and suffering that, of course, remains far too high. We need to switch to more effective ways of making our roads safer while ensuring that we do not curtail Britain’s tradition of freedom and fairness through an obsession with new fixed cameras and “spy in the sky” technology. Fatal drink-drive accidents and fatalities are now at their lowest-ever level after falling by three-quarters since breath testing was launched 40 years ago. We need to continue to tackle drink and drug driving in the most effective way possible to protect law-abiding motorists, and we are committed to introducing a drug-testing kit for drivers as soon as possible. We hope to have it in police stations as soon as next year.

Driving is an important life skill and calls for continued and lifelong learning, and I say this as an out-of-date qualified Army driving instructor. The Government are therefore considering what improvements could be delivered to the traditional driving test as well as steps beyond to ensure that we are helping people to become, and stay, safe and responsible drivers. We will be looking closely at the availability and delivery of products that help qualified drivers to maintain and develop their driving skills, including Pass Plus, additional training with the possibility of an assessment aimed at newly qualified drivers, advanced training and remedial training offered to drivers responsible for collisions or infringements of motoring law.

It is not just essential that we take the right steps to protect those who use transport; it is vital that we take the right steps to protect the planet from our transport system’s damaging side-effects as well. Climate change imperils our planet—that is scientific fact. We cannot side-step this challenge and we cannot ignore it in the hope that it will go away. We have to face it head on and transport has to be front and centre of our efforts. Transport accounted for more than a fifth of UK greenhouse gas emissions in 2009, so we must be prepared to deploy a wide range of levers to cut carbon emissions and decarbonise the economy. While this is a challenge, it is also an opportunity, and transport has a central role to play in the creation of new green jobs and technologies. A cleaner tomorrow demands a cleaner transport sector—a transport sector that is more sustainable, with tougher emissions standards and support for new transport technologies. We are determined to protect our environment as well as strengthen our economy. That is why we regard a low-carbon future as the only viable future for Britain.

The vast majority of transport’s contributions to greenhouse gas emissions come from road transport. That is precisely why it is so crucial that sustainable alternatives to the internal combustion engine are developed and given the appropriate support. Currently, half of all car journeys are between one and five miles in length while close to half of all car journeys for education purposes are less than two miles. If we could replace as many of these car trips as possible with the cleaner and greener travel alternatives of walking, cycling and public transport, we could see significant reductions in greenhouse gas emissions—and that is in addition to the improvements in health, air quality and traffic congestion that would result. These benefits to our shared environment, our individual well-being and our collective quality of life mean that this Government are committed to sustainable travel initiatives as well as to the encouragement of joint working between bus operators and local authorities.

It is also vital that a new generation of low-emission vehicles emerges to take the place of the UK’s current fleet. I can tell your Lordships that the Government are committed to fostering the development of electric and plug-in hybrid vehicles with plans to mandate a national vehicle charging infrastructure on top of a smart grid and smart metering for electricity. As well as the obvious environmental benefits, the shift to ultra-low-carbon technologies is an opportunity to reinvigorate the UK automotive industry. The sector already employs 180,000 people in manufacturing and adds £11 billion to the economy each year, and this Government are continuing to work with industry to realise the business opportunities from the global transition to low-carbon technologies.

Beyond any question, rail will have a central role to play in building a greener future for our country. The Government support a truly national high-speed network connecting key cities across the country. We also support Crossrail and the further electrification of the rail network. Taken together, these railway projects have the very real potential not only to generate economic growth but to encourage a modal shift of people and freight from long road journeys and short-haul flights.

The fact that we are pro-environment does not mean that we are anti-aviation. Yes, we recognise the environmental impact of aviation and believe that we must seek to reduce that impact, but we are also a Government who understand fully and appreciate absolutely the positive social and economic contribution that aviation makes. To strike that balance between aviation’s environmental impact and its socio-economic benefits, the Government are working for a better, rather than a bigger, Heathrow by shelving plans for a third runway there. We will also explore changes to the aviation tax system, including switching from a per-passenger to a per-plane duty, which would encourage a switch to fuller and cleaner planes.

[Lord Clinton-Davis]

If there is to be no expansion of Heathrow, will other airports be available? If so, where? It is incumbent on the present Government to identify this important issue of regulation.

[Earl Attlee]

My Lords, one of the reasons why I have looked forward to this debate is the opportunity it will provide to listen to the noble Lord’s full contribution—which I know he is looking forward to making. When I wind up the debate, I will be in a position to give him a full answer.

More broadly, we are also committed to reforming the way that decisions are made on which transport projects to prioritise, so that the benefits of low-carbon proposals, including light rail schemes, are fully recognised.

Transport matters. It matters because it fosters economic growth, and it matters because it connects companies to markets and customers. Transport matters because it increases competition, spreads innovation and produces economies of scale. It matters because it improves labour market flexibility at home and opens up business opportunities abroad. Above all, transport matters because, when it is safe and sustainable and when it works at its best as the great connector, it can improve beyond measure our economy, our society, our communities and our environment. An investment now in transport is an investment in recovery, renewed growth and our children’s prosperity.

I am convinced that, just as canals shaped our national life in the late 18th century, our transport networks can transform Britain for the better in the 21st century. Modern transport in a modern Britain means a country equipped to compete in a globalised world—a country with an economy that is strong and stable, an environment that is clean and green, and a society that is free and fair. That is what safe and sustainable transport can achieve. That is its potential for progress—a potential that this country's ports, airports, railways, motorways, bus lanes, cycle lanes and paths all have a part in delivering. Few in this House would underestimate the role that safe and sustainable transport has in building a better Britain, and I look forward to all your Lordships' contributions in the debate to come. I beg to move.

Transport: Savings

Debate between Earl Attlee and Lord Clinton-Davis

Tuesday 15th June 2010 Lords Chamber

[Earl Attlee]

My Lords, I think that I will have to consider very carefully before answering that question.

[Lord Clinton-Davis]

My Lords, I declare my interest as the president of BALPA. How is aviation affected by the cuts proposed? Where do the Government consider that airports should be extended and new airports sited?

[Earl Attlee]

My Lords, the noble Lord will be aware that we have decided to cancel the third runway at Heathrow and will refuse to allow additional runways at Gatwick and Stansted because they are not sustainable.