Air Traffic Management and Unmanned Aircraft Act 2021 (Airspace Change Directions) (Determination of Turnover for Penalties) Regulations 2022

Debate between Lord Berkeley and Lord Naseby

Thursday 13th January 2022 Grand Committee

[Lord Naseby (Con)]

My Lords, I welcome very much this SI today. By way of background, I have had the privilege of reading the CAA publication Airspace Modernisation Strategy, and I have had the chance to look at the Airspace Change Organising Group’s work so far. From my background as a former pilot in the RAF who takes an interest in aviation, my stance is that I certainly do not accept the view put forward as a result of COP 26 that aviation is in decline mode; I think that aviation is absolutely fundamental to the future success of our country and our economy. I welcome enormously the work that the CAA is doing alongside the department involved, because it is absolutely vital for our exports trade and for internal trade that we use to the maximum possible the airspace that is available.

Having said that, I have just a couple of short questions. One of our previous problems, particularly with unmanned aircraft—in other words, drones—was that people claimed that there was not proper awareness, the publicity was not adequate and somehow or other they had missed out on this, that and the other. Given the nature of these penalties, which are absolutely justifiable, we need to take particular care to ensure that there is proper publicity in depth and to check, by way of research, that people are aware of the changes being made.

Other than that, I just ask my noble friend, because I do not quite understand, why, according to paragraph 7.4,

“Public consultation on some of the airspace change proposals is likely to commence in 2022.”


From reading the material I referred to, it is a package in toto, so I am not quite sure how you can regulate just a section of the airspace—unless it is felt that you can do Scotland, Wales or Northern Ireland separately. I am not quite clear why it should be just “some”, as opposed to a complete package. I look forward to my noble friend’s responses.

[Lord Berkeley (Lab)]

My Lords, I welcome this regulation. On first reading, I thought that it was a bit of a sledge-hammer to crack a nut, but when you start reading the Aerospace Modernisation Strategy—127 pages of it—you can see why it is necessary. I question whether the strategy will not need some amendment as a result of Brexit, but I shall come on to that.

I have one interesting suggestion, which relates to paragraphs 2.1 and 2.2 of the Explanatory Memorandum on the regulations. It seems to me that, having cancelled EGNOS—which I shall come on to—the Government could be seen to be contravening the notice in those paragraphs. Could the CAA instruct the Government to reintroduce EGNOS or face a fine of 10% of the Government’s turnover? That is a pretty stupid question, but it is a consequence of the way it is written. I hope we will never get to that, and I am sure we will not. My interest in EGNOS is that I live on the Isles of Scilly and spent three days waiting to fly out after Christmas, because it was a bit foggy and there are no ships, so we rely on aeroplanes. I think that some of the Scottish islands are in a similar position.

I have been following EGNOS over the years, which, as we all know, is a satellite-based system that is a great deal cheaper than the ILS that they have in Heathrow, Gatwick and other places. Originally, the Government were enthusiastic about EGNOS, and I understand that the Secretary of State wrote to the CAA just after he became Transport Secretary to direct it to prioritise the airspace change proposals necessary to put EGNOS in place. Sadly, of course, in May last year, it was cancelled, and the Secretary of State confirmed that the Government could not agree terms with the EU for continuing to use EGNOS, saying:

“I recognise that it nonetheless remains a disappointing outcome.”


I certainly agree with him there.

I have had discussions with the noble Baroness, Lady Foster, who played a major part in setting up the Galileo satellite system when she was in the European Parliament. She is very surprised about this decision, which I do not think she knew about. There has been very little comment about it. In April, the noble Lord, Lord Davies of Gower, put down a Written Question, which did not really get much of an answer from Ministers, but they did say that they agreed to cancel EGNOS because

“it was not considered value for money.”

Air Traffic Management and Unmanned Aircraft Bill [HL]

Debate between Lord Berkeley and Lord Naseby

Committee stage & Committee: 2nd sitting (Hansard): House of Lords & Committee: 2nd sitting (Hansard)
Wednesday 12th February 2020 Lords Chamber

[Lord Naseby (Con)]

My Lords, I think the House knows that I used to be an RAF pilot. I express some disappointment that the clerks’ department, somewhere along the line, did not add my name to this amendment and a number of others—but I have accepted the apologies of that department.

There is a vast difference between “in control” and “controlling”. I live on a hill in Sandy, Bedfordshire, and so far I have collected two drones that were, by definition, very close to being over the 400 feet and certainly not in the line of sight. I think it is very important that we differentiate between those who are actually flying the drone and those who might technically own the drone or control the company that is flying the drone, or some other definition. I hope that my noble friend on the Front Bench will recognise that this is not a superficial difference but a very significant one and that we must make sure that there is a clear definition. I thank my noble and gallant friend for raising the matter now.

[Lord Berkeley (Lab)]

My Lords, there is a remarkable similarity between the discussions on this amendment and the discussions we have had over the years on self-driving, autonomous cars. The only difference is that this is three-dimensional and the other one is generally two. The noble and gallant Lord, Lord Craig, and the noble Lord, Lord Glenarthur, both gave examples of a question I have long had. The noble Lord, Lord Glenarthur, mentioned two drones meeting over a pipeline or something, but the problem remains: how does a constable identify the person who is in control, or whatever? He is sitting in his car with his machine—or however he is going to do it—but how will he identify that? He cannot really arrest either the drone or the person unless he can identify them first. I hope that the noble Baroness will be able to explain this rather simple bit of logic which has escaped me so far.

--- Later in debate ---

[Lord Naseby]

My Lords, I would like to speak in support of Amendment 25, and again, I had hoped to see my name attached to it. I am not sure whether the Committee fully appreciates the sheer scale and numbers that we are dealing with. My judgment, as someone who has been keeping some track of what is happening, is that probably 2 million drones have now been sold and presumably are being flown. I have had the privilege of serving on the Public Accounts Committee with the noble Lord opposite, and on a number of occasions he and I would probe into issues in depth. I therefore say to my noble friend on the Front Bench that the probing which the noble Lord has done should be listened to and assessed very carefully.

Yesterday I went to a briefing on the importation of illegal tobacco. I have never smoked so I have no real personal interest other than ensuring that the revenue that should legitimately go to Her Majesty’s Government does so. There is little doubt that the people behind the illegal importation of tobacco are incredibly creative and show enormous genius, with the result that huge quantities are coming into this country. Allied to that is illegal drug importation, to which the same applies. I have just renewed my shotgun licence. The police are exceedingly careful about the renewal of such licences, not least by those of the older generation, in which I put myself. I am not surprised about that. The police checked thoroughly into where the guns are kept and whether they are properly locked away, and that we had security arrangements to ensure that if someone did break in, alarms would be set off.

We are absolute beginners in this field of activity and its implications. My friend the noble Lord on the Benches opposite is right to say that we are dealing with the rogue element but—as I have demonstrated by giving just two examples in drugs and illegal tobacco importation, and there are others—the rogue element is there in great profusion. Moreover, drones themselves provide a wonderful facility for illegal importation activities. Even if my noble friend on the Front Bench is not able to accept the wording of the amendment, I hope that she will think about it seriously and possibly come back at Report either to accept it or to table it with some minor modifications.

I will say to noble Lords that if we do not take action at this point in time, we will rue the day.

[Lord Berkeley]

The noble Lord, Lord Naseby, has made an interesting comparison between drug and tobacco smuggling and the action of a drone. The difference is that a drone can do monumental damage, if a rogue operator gets in the way and starts doing things that they should not be doing. I saw an instance of drug smuggling in the Isles of Scilly a few years ago; not only was the boat being used to smuggle confiscated, but the man who was single-handedly bringing these drugs into the country was so frightened of being caught that, when the yacht was tied up in St Mary’s harbour, he decided that the best way to get away was to climb the mast. He fell to his death on the quay, which was very sad. He was desperate not to get caught, but the boat would have been confiscated, and I cannot see why a drone cannot be confiscated.

My noble friend Lord Campbell-Savours gave some wonderful examples of the numbers involved. The drones should obviously be confiscated, and anyone who wants to get their equipment back should have to apply to a magistrate. The amendment seems very reasonable to me.