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

Lord Blencathra Excerpts

Report stage
Monday 13th July 2026 Lords Chamber

[Baroness Kennedy of Cradley (Lab)]

My Lords, I rise briefly to support Amendments 5 and 9, to which I was delighted to add my name.

In truth, we live in an era of rapidly advancing technology, when other industries are bending over backwards to ensure their staff are trained to deliver a high level of quality service with an attitude of respect, and when digital means of communication are being used in abundance to ensure that customers have information that is clear and easily accessible. It is shocking to me that an amendment like this is necessary to ensure that the aviation industry steps up and does what should be standard practice to support disabled people—but it is necessary. The reality is that services for, and the treatment of, disabled people in the aviation industry are woefully inadequate—and they do not have to be. We know the issues and we know what needs to change. We now need to find the legislative framework to deliver that change. I look forward to the Minister’s reply.

[Lord Blencathra (Con)]

My Lords, I will speak to Amendment 5; it is the only amendment to which I shall speak on Report.

I can tell the House that I have now beaten Frank Gardner’s record for being left on a plane. On 24 June, my flight back from Basel left the city 45 minutes late. We touched down at exactly 9.10 pm at Heathrow. At 9.15 pm the plane came to a stop, the seat-belt signs were switched off and we were parked somewhere out in the sticks. The pilot said that the buses had not arrived yet and would arrive in a few minutes. The first bus arrived 20 minutes later at 9.35 pm. The high-lift wagon to take me and other disabled passengers off did not turn up until 9.50 pm, but it turned up simultaneously with the food wagon. Since the plane was on a turnaround for Budapest, the food wagon was given priority over getting the crippled passengers off. So, at 10.05 pm, I and others were taken off in the high-lift wagon. At 10.12 pm, my wheelchair was loaded. Then we set off on a 15-minute magical mystery tour around various tunnels at Heathrow. At 10.25 pm, I was deposited at a door in terminal 5, and at exactly 10.30 pm I got to passport control. Things then speeded up considerably—but after all that delay, my luggage was still delayed.

That is one example—I have a few more I want to give to the Minister—to show that there are two things in this amendment that are essential: training, and returning the wheelchairs and the bodies to the aircraft door or to where they are supposed to go. I say to my noble friends on the Front Bench: I am not calling for some massive, gold-plated regulatory regime that will bring up costs; I am calling for some of the current law to be enforced and for improvements to be made. Of course, I accept that it will make no difference if we pass some gold-plated regulations here, because the cartel of airline operators that run IATA will simply not adopt it anywhere else in the world.

I will begin with training. I serve on the Council of Europe, and for the past 15 years I have had hundreds of check-ins at countries all over Europe. There has been one occasion only, and it happened last month at Heathrow, where the guy at the BA check-in desk actually had, for the first time ever, the information I supplied at least 48 hours beforehand. Every other time you send the information to airlines—the size of your chair; the weight of the chair; the batteries; blah, blah, blah—when you get to check-in, they do not have it on their computer. Then you get asked questions again and again—and the noble Baroness, Lady Brinton, is right that they are about batteries, batteries, batteries. They are of course right to be paranoid about lithium batteries: if you put a lithium battery in the hold, whether in a wheelchair or in your phone, it is highly dangerous. But there are two types: lithium batteries, which are removable, and all the other bolted-on batteries—the lead acid ones, including the sealed lead acid ones, and the sealed non-spillable ones—which are not removable.

So they ask you, “Is it lithium?”, and you say, “No, it’s not”. Then, “Can you remove it?”, and, “Well, no, you only remove lithium batteries; you don’t remove these”. “But surely you could remove it”; “No, you can’t remove it”. Luckily, one’s wife says, after those questions have been asked 20 times, “Keep your temper; stay nice”—and, on most occasions, I have managed to do so. There is no point getting aggressive, because they have not been trained. I say to the Minister: that is the vital thing—for God’s sake, make sure the airlines tell them about the batteries.

--- Later in debate ---

[Lord Hendy of Richmond Hill (Lab)]

My Lords, I begin with the government amendments in this group and start with Amendment 24, tabled in my name, which establishes duties and principles to guide the future use of Clause 1. It is intended to ensure that the power is used, wherever possible, to strengthen air passenger rights and to address barriers faced by disabled passengers and those with reduced mobility. I thank the noble Baronesses, Lady Grender and Lady Brinton, and the noble Earl, Lord Russell, for their time and expertise to strengthen broader air passenger rights, which has helped lead to this amendment.

The amendment seeks to ensure that all air passengers are treated with dignity and have their individual physical and mental health needs respected, and that those with disabilities or reduced mobility are afforded access to air transport services equal or comparable to that afforded to other passengers. The examples that we have heard, in particular the powerful speech by the noble Lord, Lord Blencathra, set out exactly why we need to do better. I hear the noble Baroness, Lady Hoey, and I am sure that noble Lords agree that there are many individual members of staff who are good. However, we have also continuously heard that there is terrible, and unacceptable, inconsistency. That is clearly too frequent an experience.

I turn next to Amendment 25, tabled by the noble Baroness, Lady Brinton, which would amend government Amendment 24. I understand the noble Baroness’s concerns, but I reassure her that the use of the word “desirability” does not allow the Secretary of State to shy away from their obligation to have due regard. I want it to be clear that Clause 1 is intended to strengthen and enhance air passenger rights, and that this duty reinforces that. It requires the Secretary of State to have due regard to improving passenger rights every time the power is used. However, the impact of policy changes must always be considered holistically—for example, safety, cost, deliverability and wider impacts. The word “desirability” ensures that the regard to strengthening air passenger rights is properly weighed alongside those other factors, so that the Government can act on the full picture.

The second government amendment in this group removes the compensation cap for damaged or lost mobility aids on domestic UK flights. Many wheelchairs and mobility aids are highly customised, specialist pieces of equipment that can cost many thousands of pounds, well in excess of the current Montreal convention liability limit. Removing the cap for domestic UK flights allows passengers to recover the full cost of repair or replacement. That reduces a barrier to travel, gives passengers confidence and gives carriers a far stronger incentive for careful handling.

I turn to the amendments tabled by noble Lords and begin with the amendment from the noble Baronesses, Lady Grey-Thompson and Lady Brinton, the noble Lord, Lord Blencathra, and my noble friend Lady Kennedy of Cradley, seeking minimum standards for passengers who need assistance. I recognise the intention behind the amendment and the important issues identified by the Aviation Accessibility Task and Finish Group, under the leadership of the noble Baroness, Lady Grey-Thompson. The Government greatly value that work and will ensure that it informs the next stage of policy development. As I noted previously, government Amendment 19 requires a statutory consultation on accessibility issues following Royal Assent. That consultation will consider all the matters raised in this amendment, alongside wider issues affecting disabled passengers and passengers with reduced mobility, with any necessary reforms capable of being taken forward under Clause 1.

On the amendment on complaints procedures, the Government agree that passengers, in particular disabled passengers and passengers with reduced mobility, should have clear and effective mechanisms for raising concerns when standards fall short. However, the detail needs careful consideration. Legislating now risks creating a provision that is either too vague to enforce or too rigid to work well. Government Amendment 19 therefore identifies complaints procedures as a specific area for consultation, with Clause 1 providing powers for any resulting reforms.

The noble Baroness, Lady Brinton, has also tabled an amendment seeking clarity on the timing of the consultation under government Amendment 19. As I said on the last group, we will begin that consultation as soon as possible after Royal Assent. The wording is designed not to delay the process but to ensure that the Secretary of State has sufficient time to consider the full range of accessibility issues properly before reporting on the outcome. As I said on the previous group, we will meet interested noble Lords two months after Royal Assent to show what has been done, what is being done and what will be done under my amendments.

I thank the noble Baroness, Lady Brinton, for Amendment 23, which concerns who should be consulted. She is right that the consultation must be informed by those with relevant expertise and lived experience. This Government are committed to the principle of “nothing about us without us”. The clause uses a non-exhaustive list so that the right people can be consulted on the right issues without requiring every listed group to be consulted on every matter. We will draw on expertise—including from the Disabled Persons Transport Advisory Committee—to identify who should be engaged at each stage.

In tabling the government amendments in this and the previous group, we recognise that aviation operates within an international framework of conventions, agreements and regulatory arrangements. There are limits to what any one country can achieve through domestic legislation alone. However, as we have heard, that is not an argument for inaction. Rather, it is an argument for leadership. These amendments are a significant step forward for United Kingdom passengers. We have long been a leader on accessibility and the Government will use their influence internationally to press the higher standards for disabled passengers. Specifically, through our work at the International Civil Aviation Organization and the European Civil Aviation Conference, we will use appropriate fora to champion the UK’s approach to accessibility, promote improvement of standards and seek international alignment.

We will take every opportunity available to raise these important issues at all relevant meetings, starting with those following Royal Assent, such as, but not limited to, the ECAC sub-group on the transport of persons with reduced mobility and the ICAO working group on accessibility in international civil aviation. By strengthening passenger rights at home and placing accessibility at the centre of our approach, the United Kingdom can continue to use its influence internationally and in its engagement with partners across the sector to advocate for higher standards of accessibility worldwide. I note the suggestion from the noble Lord, Lord Holmes of Richmond, to convene an international meeting. I will discuss with the Aviation Minister and the Secretary of State in the other place when we might do that.

The noble Lord, Lord Harper, asked about standards and enforcement. Both are needed—hence the powers in the Bill for enforcement by the Civil Aviation Authority, which cannot currently impose penalties. That is the reason for Clause 2.

Taken together, the government amendments relating to air passenger rights provide a significant and practical step forward for passengers, in particular disabled passengers and passengers with reduced mobility. I therefore hope that the House will support the government amendments in this group and that noble Lords are reassured that the issues raised in their amendments will be addressed through the consultation process and the powers provided by the Bill. On my own position, I echo the words of the noble Baroness, Lady Grey-Thompson, that I wish for everybody else only the experience that I have myself when I travel by air.

[Lord Blencathra (Con)]

My Lords, I make two very brief points. First, it was neglectful of me—in fact, rude of me—not to thank the Minister for the government amendments, particularly government Amendment 24, which will deliver nearly everything that we have been asking for. I echo the wise words of my noble friends Lord Moylan and Lord Holmes of Richmond in thanking the Minister for all the work that he has been doing to help disabled passengers over the past 10 or 15 years. I am grateful for that.

Secondly, on delays at check-in, what annoys me most is not just the delay I suffer but the delay that the people behind me suffer, and the grumbles, muttering and hateful looks that I get. An able person checking in may take three or four minutes. If I am held up for 15, 20 or 30 minutes, there are 10 people behind me who have formed a hostile opinion of everybody a wheelchair. It is also a horrible feeling that I have held them up. The top priority for me is to speed up that check-in process through training so that we do not hold up the disabled people and antagonise a dozen people behind us.

[Lord Hendy of Richmond Hill (Lab)]

I thank the noble Lord for his noble thoughts on both points.