Draft Aviation Security (Amendment etc.) (EU Exit) Regulations 2019
Debate between Jesse Norman and Richard Graham(5 years, 2 months ago)
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Jesse Norman
We are wandering somewhat away from the SI before this Committee, but I am thoroughly enjoying what might be referred to as Thursday morning theatrics from both sides of the Committee. As the hon. Gentleman knows, the Civil Aviation Authority has for many years been a trend setter, a path setter and a standards setter across the EU. Much of the benefit of the European Aviation Safety Agency has come from its taking those standards and promulgating them more widely. There has been genuine benefit on both sides. We have benefited from the promulgation of CAA standards across Europe, and we have benefited from the scrutiny and feedback that those standards have received from EU countries, and vice versa.
Jesse Norman
I will take one more intervention before proceeding, from my beloved and hon. Friend the Member for Gloucester.
Richard Graham
As a former airline manager, I take some interest in these issues. The Minister is absolutely right that the CAA has been an important global figure in setting standards; in fact, its staff are seconded to EASA at the moment, and I believe that that will continue. Page 3 of the explanatory memorandum refers to deficiencies in regulation 300/2008 and goes on to explain, helpfully, that substantive changes are needed to address inoperabilities on incoming air cargo because we will not be part of the ACC3 secure cargo regime. That is clarified later by the statement that
“UK-ACC3, RA3, or KC3 designations will be issued to all carriers”.
In simple terms, can the Minister confirm that the objective is to ensure that we do not create any barriers to international trade, and that carriers that bring cargo into the UK will be able to do so exactly as before, without any barriers?
Jesse Norman
As I said, as far as possible we are aiming to replicate the existing arrangements. With his laser-like eye for detail, my hon. Friend identifies an important area. The regime will have to change a little as a result of Brexit, as I will set out.
One key area of regulation 2015/1998 is the EU inbound cargo regime. The EU operates a regime known as ACC3, which stands for air cargo or mail carrier operating into the European Union from a third-country airport. That is precisely the area targeted by my hon. Friend. In essence, it is a requirement for air carriers carrying cargo into the EU from a non-EU country to hold security designations that confirm that they are screening cargo to the required standards and that a secure supply chain exists from the origin of the cargo to its point of entry into the EU.
Responsibility for administering the system, and for granting designations, is currently shared between member states. If the UK leaves the EU without a deal, it will no longer be part of that system, but it is critical that we maintain our inbound cargo security protections. The effect of the draft instrument is to retain the requirement that carriers must hold a security designation in order to fly cargo into the UK from third countries, and to apply that in a UK-only context.
The new system of UK ACC3 designations will be managed by the Civil Aviation Authority and the Department for Transport. To ensure a seamless transition on exit day, new UK designations will be issued to all carriers flying into the UK that currently hold EU designations. On expiry, carriers and screening entities will need to apply directly to the UK for new designations, which will be granted using largely the same criteria as in the existing system, to minimise any additional burden on industry.
Regulation 2019/103 makes amendments to regulation 2015/1998 that are already incorporated. It also contains measures that apply only after exit day, and are therefore not retained. The only provision in the regulation that is retained relates solely to the date on which the un-retained measures apply. As such, the provision is by itself meaningless, and the draft instrument therefore revokes it.
Regulation 72/2010 covers the requirements for Commission inspections of EU airports and national authorities that will no longer be applicable. The draft instrument revokes that regulation. The draft instrument also amends the Aviation Security Act 1982 to remove references relating to Commission inspections and Commission inspectors.
Finally, Commission decision C (2015) 8005 is a restricted, confidential instrument that provides additional but security-sensitive details on the aviation security requirements contained in the regulations. For example, it sets the technical standards for aviation security equipment, such as the materials and quantities, and details the methods and percentages of various screening requirements. The decision will form part of retained EU law; however, because it is security-sensitive and not published before exit day, it is not required to be published on or after exit day.
As an unpublished instrument, before and after exit, the decision cannot be scrutinised as the subject matter of legislation by Parliament. As such, the draft instrument cannot make any amendments to it. As the decision contains defects if it is not amended, the draft instrument revokes the decision. However, in order to retain the important aviation security rules contained in the decision, the requirements previously contained in it will be made the subject of a direction, which will be given by the Secretary of State under powers contained in the 1982 Act.
The direction will form part of the single consolidated direction that sets out our domestic aviation security requirements that apply on top of EU legislation. The content of the new direction will be disseminated to the same UK entities as those that currently see the EU decision.
Strategic Road Network: South West
Debate between Jesse Norman and Richard Graham(6 years, 10 months ago)
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Jesse Norman
I am glad of that intervention, and if I may, I will proceed with my remarks.
To return to the A358, of course my hon. Friend the Member for Bridgwater and West Somerset made some quite colourful remarks about that. I am sure he will understand if I do not take a position on the issue, but he has made his concerns, and the public concerns of others, very well, and they sit in the record for further excavation and inquiry.
As my hon. Friend will know, Highways England recently held a public consultation on the routes that the A358 should take, and it will work closely with local partners to advise the Secretary of State and myself on the preferred route. Those schemes are just the first part of the £2 billion plan I mentioned to create a new dual carriageway route from the south-west to London.
If I may range slightly further outside the specific issue of the A358 and the A303, improvements to the A30 in Cornwall—both a planned improvement and one nearing completion—will extend dual carriageway standard road as far as Camborne. The Temple to Higher Carblake section opened last week and Highways England announced the preferred route for the Chiverton to Carland Cross scheme earlier this month.
Highways England is also creating a new junction on the M49 to support development at Avonmouth. The port of Avonmouth and the Avonmouth Severnside Enterprise Area to the west of Bristol currently have no direct access to the M49, which is hindering proposals to support economic growth in the area. A new junction on the M49 will improve access to those areas, ease congestion and contribute to the economic growth of the region.
Jesse Norman
If I may respond in anticipation of the much-welcome but inevitable intervention from my beloved colleague from Gloucester, a little further afield, to the north-east, Highways England is also developing the A417 Air Balloon roundabout improvement—I should say that it is not a small scheme. Potential route options are being identified for public consultation before the end of 2017. That scheme will tackle a missing link in the dual carriageway between Gloucester and Cirencester, and I congratulate my hon. Friend the Member for Gloucester (Richard Graham) on his tireless championing of that important scheme, which will certainly have through benefits for trunk users of that road coming from Herefordshire to London.
I know that my hon. Friend the Member for Bridgwater and West Somerset has a particular interest in the M5 junction 23 Bridgwater scheme and wrote to the Transport Secretary recently on that matter. Let me turn to that, if I may. The Government’s view is that it is vital that there be a good connection to Hinkley Point. The new power station—and one must not forget the existing power station there—is of strategic importance to the UK, and the Government will ensure that the road network around it gives all the necessary access to the plant and works. That will support local economic growth, housing and local jobs.