Transport System: Failings
Lord Campbell-Savours Excerpts(8 months ago)
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Lord Campbell-Savours (Lab) [V]
My Lords, I thank my noble friend for calling this debate. I shall return to his comments later. My contribution had to be urgently amended late last night, following the more than excellent news that a Labour Government would grasp the nettle and take rail back into public ownership. Whereas I had originally intended to canter around the course on wider issues of public transport, I now intend to confine my remarks to the excesses of private rail and, in particular, its ticket pricing structure under privatised arrangements.
The rising cost of travel following privatisation illustrates perfectly the distinction in priorities between the public and private sectors. Whereas the driver behind public service operations is serving the public interest, the driver behind private sector operations has to be service, but compromised by profit. The water industry provides us with a classic example, particularly in London and the south-east. I am not ideologically opposed to privatisation: I am opposed to privatisation in conditions of monopoly. Monopolies invariably and inevitably abuse their position, whether through restriction of supply or sectoral excess profit taking. This is what has happened under rail privatisation. The idea that you have real competition on the railways, justified on the basis of competing franchises, is for the birds. It is a myth. The reality is that rail franchising under privatisation has saddled us with a string of monopoly providers. That is the case on much of the national network.
For example, if you bring up National Rail Enquiries on 03457 484 950 and ask for a return ticket from Carlisle to London—I see my noble friend there on the Front Bench, who will be regularly buying these tickets—you receive the monopoly price. I was told this morning that there is one contractor, Avanti West Coast, and I give an example. A traveller ringing up to purchase that Carlisle to London standard anytime open return ticket will pay £392. It is grossly overpriced. It is designed in such a way as to catch the traveller going about his or her business and requiring early attendance at their destination. It is excessive, unreasonable and exploitative.
How about this one? A traveller travelling first class on the same train, on a similar Carlisle to London open return, will pay—listen—£538. I ask colleagues to compare that with the return fare from London to Beijing, in the People’s Republic of China, which is available today on the internet from British Airways at £382. Similar ticket prices were available from China Airlines and Lufthansa. So it costs the same to travel standard class—second class in the old days—from London to Carlisle and back as to fly from London to Beijing, in China, and back. What a nonsense.
The response of the wider is public is perfectly understandable: drive by car, add to air pollution, add to and put up with congestion on the motorway system, even risking the potholes that characterise much of our motorway network, and then go on to further increase congestion in London when you arrive. That is the legacy of privatisation: ignore the public interest and put profit before people.
Of course, the rail companies respond with the mantra: “pre-book”, “pre-book”. My main complaint in today’s debate is that it is hugely inconvenient for many in the world of work to pre-book, where travel is essential, often at short notice. Business, wider industry and professionals need to rely on sensible input costs if they are to remain competitive. They do not necessarily need subsidy but equally they need to avoid exploitative costs if the need is to remain competitive. The whole system of same-day ticket pricing is in urgent need of reform, and I am confident that a Labour Government will address that problem.
My case is simple. Public utilities are there to support the wider economy. Their pricing structures should reflect the public interest, not the pursuit of speculative profits. Labour has to sort this out. That is at the heart of yesterday’s announcements, which I hugely welcome.
Before closing, I congratulate my noble friend Lord Snape, an old friend of mine, on bringing this debate. He lives in the real world. Like me, he rejects a world where the “profit at any cost” approach to the provision of public services trumps the wider public interest.
E-bikes
Lord Campbell-Savours Excerpts(1 year, 5 months ago)
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The Lord Speaker (Lord McFall of Alcluith)
My Lords, the noble Lord, Lord Campbell-Savours, wishes to speak remotely.
Lord Campbell-Savours (Lab) [V]
With reports of fires due to excessive heat being generated during the charging of e-bikes in enclosed storage areas—particularly in underground car parks, and even within flats when external storage is unavailable—is there not a need for an urgent further safety review, followed by guidance on safety measures, or even further regulations if necessary?
Baroness Vere of Norbiton (Con)
I am delighted to say that the Government are already conducting that research. The Department for Business and Trade is working with the Home Office and the Department for Transport in assessing exactly what the issue is. We are also developing guidance jointly with the industry which will advise on charging e-bikes and various other safety measures concerning their batteries.
Low Traffic Neighbourhoods
Lord Campbell-Savours Excerpts(1 year, 5 months ago)
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The Lord Speaker (Lord McFall of Alcluith)
My Lords, the noble Lord, Lord Campbell-Savours, is participating remotely.
Lord Campbell-Savours (Lab) [V]
My Lords, on low-emission zones, can Ministers identify any research showing that vehicles travelling over a given distance at a constant 20 miles per hour in a low gear at high revs emit less carbon monoxide than vehicles travelling at 30 miles per hour in a higher gear at low revs? When I asked for the evidence in 2021, this Minister gave the following answer:
“The Department does not have specific results for the situations outlined”.
How can the public throughout the UK have confidence in a speeding regime which lacks detailed assessment?
Baroness Vere of Norbiton (Con)
It is up to local authorities to decide on local speed restrictions, which they are encouraged to evaluate. As the noble Lord will know, in most circumstances 30 miles per hour is the limit, but some local authorities have chosen to make some streets 20 miles per hour.
Air Traffic Management and Unmanned Aircraft Bill [HL]
Lord Campbell-Savours ExcerptsThursday 21st January 2021
(3 years, 11 months ago)
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Lord Naseby (Con) [V]
My Lords, I support the probing amendment tabled by the noble and gallant Lord, Lord Craig of Radley, to insert a new clause. I will not repeat what he just said, but I underline its importance. If we go back in time a little, the Minister may recall that, when she first took office on drones, we—the UK—were a bit behind the curve compared to France, Ireland and Canada. Now, we have an opportunity to take the lead, which is what this new clause is partially about. I want to re-emphasise to Her Majesty’s Government that this industry, in particular, is here to develop commercial distribution and to function at all, the police should not be involved. It should be left to the CAA. It is fair to be open and say to my noble friend that the noble and gallant Lord, Lord Craig, and I have been in discussions with the industry—particularly with its legal representative, Richard Ryan, who is a well-known and very well-qualified barrister.
I shall give a couple of practical examples. I have been involved with drones almost since the day they were invented. If you have a situation with a constable—let us say in Sandy, where I live—who, under Schedule 9, is simply asking for reasonable grounds for belief, which may be founded on a complaint by a passer-by, the consequence is quite significant for a commercial operator as the constable will have the power to request information while the flight is taking place. I do not know whether the Minister has had a go at flying these things—I hope that she has—but they are not that easy; I speak as a former pilot and the noble and gallant Lord, Lord Craig, is a very experienced pilot. Anyway, the flight is still taking place, and the operator is being interrupted. Currently, under Part 1 of Schedule 9, paragraph (1)(a) states that while
“a flight by a small unmanned aircraft is taking place”,
the constable may, as paragraph 2(1)(a)(ii) states, require the person to provide
“information that would assist … the constable to verify that … that flight”
is valid. The issue with this is: who takes responsibility for the flight when the pilot is being interrupted by the constable? What if the drone switches out of GPS mode and into attitude mode? It then clearly requires more care and attention with respect to carrying out flight safety under Article 241 of the ANO 2016. I know that my noble friend has all these details at her fingertips, but I remind her that Article 241 clearly states:
“A person must not recklessly or negligently cause or permit an aircraft to endanger any person or property.”
I have a couple of other points, which are perfectly practical as well. The amendments to Schedule 9 rely on the fact that a constable has reasonable grounds for suspecting that a provision of the ANO 2016 is or was being contravened, as well as other aspects. How would the constable know at that time what precise provision of the ANO 2016 was being contravened? In practical terms, this is unachievable, due to the complexity of the legislation and/or further amendments to the ANO, leading ultimately to a possible miscarriage of justice.
My next point is very relevant to what is happening in the Covid world at the moment. What is the position if a remote pilot is conducting numerous flights at the same time, whether it is at a drone lightshow or transporting medical supplies on behalf of the NHS at scale? Some of these flights could be beyond the line of sight. This is relevant because, when we start operating at scale, the police will have significant powers which can harm the industry, create unnecessary reputational damage and be of significant cost and disruption to the whole unmanned aviation supply chain.
I have half a dozen other examples, but I do not think that the Minister wants to hear them this evening, although I would be more than happy to supply them. I ask her to reflect that this is a new industry that can and will create many jobs, increase skills and set the UK up as a leading pioneer in unmanned aviation. A system that confronts companies with such onerous terms in the legislation, that captures absolutely all operators, is, in my and my noble friend’s judgment, flawed. We have a situation where the Government have taken a view. We have looked at other jurisdictions, such as Canada—a country I know quite well—where the legislation is about half the scale of ours.
My final thought is that the potential for the loss of income, innovation and opportunity will be significant if this law applies to commercial operations, or those with an operational authorisation, especially in the short term. There is significant reliance on a constable knowing all the relevant aviation laws that apply. This is no good when a drone operator, for example, has a roof survey the next day which he cannot perform because his equipment has been appropriated by the constable in lieu of an investigation with no time limit.
Here is a wonderful potential industry. We need to make sure that, yes, there is control, but that can be done by the CAA, an organisation for which I have had the greatest respect as a pilot myself. Leave it to the CAA—that is what should happen. I hope my noble friend will reflect on some of the evidence that we have managed to produce this afternoon.
Lord Campbell-Savours (Lab) [V]
My Lords, we have heard a very powerful case from the previous speaker. I see no reason for me to detain the House unreasonably and will speak briefly, principally to Amendment 15. My concerns in Committee centred on what I saw as the need to isolate potentially irresponsible non-commercial users of drones from those who, for perfectly legitimate reasons, seek to exploit commercially this new and innovative use of the technology.
During the debate on 27 January last year, I raised the issue of the confiscation of equipment. On 12 February, I raised the same issue, in particular where rogue operators breached the rules. There has to be a procedure in place which more clearly separates and differentiates the potential rogue operator from the legitimate commercial operation. Fines are too often no deterrent. We know from government stats that there is a high incidence of non-payment among those who have little respect for the law. We need a separate, more vigorously enforced regime for rogue drone operators. We cannot treat CAA-authorised operations in a way which appears similar to that in which we treat recreational users.
The danger in the Government’s approach is that the recreational user will be the beneficiary of the developing, lighter-touch regime that will ultimately and inevitably have to apply to commercial drone operations. This is inevitable as commercial operators exert increasing pressure for the introduction of such a regime to protect commercial viability. Alternatively, if this does not happen, commercial operators will be penalised by the more vigorous approach that will inevitably have to apply to the recreational user. The systems proposed are flawed.
The noble and gallant Lord, Lord Craig of Radley, has valiantly sought to convince the department and Ministers of the dangers, but has received little reassurance to date by way of response. The noble Baroness, Lady Randerson, can clearly see the writing on the wall and therefore seeks a review of the new regime at a later stage. She is to be congratulated on the persistent way in which she has pursued these matters over a number of years. Either way, the system when tested will need to be reviewed. We need two, distinct sets of rules and regimes; a separate regime that is fair to all.
Lord Balfe (Con)
My Lords, I remind the House of my role as president of BALPA. I thank the Department for Transport for its constructive engagement with officers from BALPA in getting this far—goodness knows, we have spent a long time getting this far with this Bill.
I agree with the noble Lord, Lord Campbell-Savours, that rogue drone operators are clearly very different to the responsible drone operator that we wish to deal with. However, I am not sure that supporting this amendment is the right way forward. The Bill is not the right vehicle to include a requirement to review unmanned aircraft legislation. It cannot just be left to the CAA, as has been suggested, because if there were a major incident, government would be expected to have a role and to respond. At the same time, the development of drones is proceeding at an enormously fast pace. Will the Minister reassure us that a system of regular review will be put in place?
The serious concerns of BALPA are not limited to where we are today but look to where we might be tomorrow. We hear, for instance, about the problems with multiple use of drones, where one person controls more than one drone. The first instinct is to say, “That’s terrible, isn’t it? We really should have only one person per drone,” but let me put another scenario to the House. If someone is lost at sea, or there is an air crash, you may well want to have a swarm of drones covering a wide area. For that to be effective, you would need one central person to be in control so as to investigate what was beneath, and being observed by, a number of drones. It is not quite as simple as some people seem to imagine.
I would like the Minister to assure us that there will be a regular review, and that she will come back to the House at an appropriate time, possibly in answer to a Question, or put something in the Library, outlining the principles which could follow that review. It is no good saying that we want one every five years or every two years; we need to be able to respond fairly quickly to matters as they come up. I will certainly not be supporting a Division, as passing this clause would not take us forward at all. However, my hope is that some of the principles contained therein are the sort that should be borne in mind in developing the policies that we want to see for the effective and reasonable control of drones, commercially and privately.
International Travel
Lord Campbell-Savours Excerpts(4 years, 3 months ago)
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The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
The noble Baroness, Lady Ritchie of Downpatrick, has withdrawn. I call the noble Lord, Lord Campbell-Savours.
Lord Campbell-Savours (Lab) [V]
My Lords, I have given the Minister notice of my question. If a person has knowingly contracted coronavirus while travelling overseas and, on return to the United Kingdom, breaches penalty-enforceable quarantine requirements—which we learn today could lead to a criminal record—and then transmits the disease to another person by leaving the place of confinement, could the person infected sue the communicator of the disease for damages? I have in mind the debate now going on in Florida, in the United States of America.
Baroness Vere of Norbiton (Con)
Could that person sue the third person? I suppose that they could have a go. I am no legal expert, but one can imagine various challenges in proving that a person really did give the disease to another person and achieving any sort of compensation. However, I go back to what I said previously: breaking quarantine or self-isolation is a very serious matter and it should be treated as such. Individuals must understand that they risk getting a criminal record.
Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020
Lord Campbell-Savours Excerpts(4 years, 5 months ago)
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Lord Campbell-Savours (Lab) [V]
My Lords, I have spent 17 weeks in this House arguing for mandatory masking. I now move on to the type of mask, as certain masks are inappropriate. Exhalation valves on certain masks, in particular the N95, are designed to make it easier to breathe out because their one-way valves release exhaled air without forcing it through a filter. That is a major problem when the mask is meant to protect others from the wearer, who may be infected. Unless you are using an N95 in a high-risk healthcare setting—that is, a healthcare worker usually wearing one for comfort—where the concern is what you are inhaling, not exhaling, do not use a valve mask. When the Government finally concede on wider mandatory masking, which is inevitable, the regulations should reflect this. Otherwise, they will only make matters worse.
Covid-19: Transport
Lord Campbell-Savours Excerpts(4 years, 7 months ago)
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Baroness Vere of Norbiton
I thank my noble friend for his thoughts on this issue. He has clearly described the challenge that we face in matching demand with the supply of public transport, in this case the trains. Obviously, the Government are encouraging everyone who can work from home to do so, and certainly from the conversations I have had so far regarding London a large number of companies are still encouraging their people to work from home. The second thing we are asking companies in London, and indeed beyond, to do is to spread the load a bit and flatten the peak as much as they can. We are asking companies to put in place staggered start times to ensure that not everyone arrives on the nine o’clock train. Rail services are gradually being increased, but we want to ensure that the safety of their front-line staff remains absolutely critical. The operational plans for services and for the infrastructure around rail travel are being put in place, and the chairman of Network Rail, Sir Peter Hendy, has been tasked by the Secretary of State for Transport to review all those operational plans to make sure that rail services are as good as we can get them, given the capacity constraints.
Lord Campbell-Savours (Lab)
My Lords, my question is about masks, a subject I raised some 10 weeks ago in the Moses Room. Could not officials learn a lesson from the much-reported bus incident in Shenzhen in Hunan province in China, where nine passengers were infected by a single carrier? The virus was transmitted a distance far in excess of the two metres that we are following. It travelled up to four metres from the single original infected source. More significantly, those passengers who were wearing masks were not infected, so why not make the wearing of them mandatory on public transport, as has just been suggested? That is the case in Thailand, which has one of the lowest death rates from the virus in the world, as well as in nearly 50 other countries worldwide? Are they all wrong?
Baroness Vere of Norbiton
The noble Lord has indeed raised this point before. I looked at that study. It is interesting, but obviously I am not a scientific expert. Therefore, I cannot comment on it in detail. We have asked our group of experts to look at what we should do about face coverings. They have said that we should advise people to wear face coverings in enclosed spaces and where they are likely to bump up against the two metres. There will have to be a change in culture among people travelling on our public transport. The Government will certainly support that change in culture through a very extensive communications campaign. As the amount of people on public transport builds up, we expect more people to wear face coverings because it is the right thing to do to protect others.
Air Traffic Management and Unmanned Aircraft Bill [HL]
Lord Campbell-Savours ExcerptsWednesday 12th February 2020
(4 years, 10 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 10-II Second marshalled list for Committee - (10 Feb 2020)
Lord Campbell-Savours
“( ) In requiring a person to ground an aircraft under this paragraph, a constable may also exercise the power to confiscate the unmanned vehicle.( ) A person whose unmanned aircraft is confiscated under this paragraph may apply to the magistrates court for an order for its return.”
Lord Campbell-Savours (Lab)
My Lords, this too is a probing amendment, as it does not fully capture the intention behind the issue that I raised during Second Reading on confiscation of equipment. The Minister at the time led me to believe that she would seek to answer in correspondence the issue that I raised, but the letter that Members have received does not refer to it. I do not blame her; perhaps she might deal with it today.
I have carefully read the Explanatory Memorandum and the Bill, and the only reference to confiscation is paragraph 2(6) of Schedule 8, which states:
“A constable may seize anything that the constable discovers in the course of a search under this paragraph if the constable has reasonable grounds for believing that it is evidence in relation to a relevant ANO offence or a relevant prison offence.”
That part of the Bill seems to relate only to condition C under paragraph 2(5) of Schedule 8; in other words, it relates only to prison intervention by drone-related offences. My Amendment 25 would add only a right of appeal for restoration of property. I am worried that I see no reference to confiscation under any other schedules to the Bill. I will concentrate my remarks on the links between Schedules 8 and 10, which is the subject of a later reference in this group—or it was until this morning, when I came here and found that there had been a regrouping.
Before doing so, I will make a few general comments. First, have we any estimate of the numbers of drones available for use in the United Kingdom, of all types, commercial and recreational? We have an estimate of 530,000 drone sales in 2014—that came out of one of these documents; I found it very hard to believe—and a further estimate of 1.5 million to be sold in subsequent years. Again, I do not know where this information comes from, but it is in one of the publications. Do the Government have any real stats on the availability of this equipment?
Secondly, I am not too worried about commercial operators. They will, generally speaking, keep within the rules and the law—although there is some evidence of the need for some commercial operators to be more knowledgeable, and for some airport operators to be more flexible and understanding about charging and issues of access, in particular regarding the size of restriction zones. My primary concern is the rogue operator, using sub-250-gram UAVs, and large equipment used privately by individuals, whether they are plain stupid in the way they use this equipment, or are drug dealers arranging for the carrying of drugs, crime gangs involved in illicit surveillance, potential terrorists who may wish to deploy weapons even in very small quantities or using small drones, or those who breach personal security where privacy is involved. Mr Geoffrey Hirst, a drone user, told a Commons committee recently that even a proportion of the recreational drone community are reckless, whether intentionally or not. We know that these small, sub-250-gram drones can be dangerous. When a joint test between the Military Aviation Authority and BALPA was recently undertaken, it was concluded that in a mid-air collision significant damage could be caused to a helicopter or aircraft.
I return to Schedule 10—subject to what has happened, but that was beyond my control. Under “Fixed penalties for certain offences relating to unmanned aircraft”, it states:
“The constable may give … a fixed penalty notice in respect of the fixed penalty offence if Condition A and Condition B are met.”
Condition A states that that includes: endangering another aircraft; causing any harm, harassment or alarm or distress; causing nuisance or annoyance; disturbing public order; or damaging property, all of which the accused could very easily deny. The only one that may be provable could be the undermining of good order in a prison, which is why we have the paragraph 2(6) of Schedule 8 confiscation provisions which I have already referred to. Nearly all the others can be denied by the accused, and it will be very hard for anyone to prove otherwise. If the police officer gives the offender within the zone the benefit of the doubt, the offender will receive only a fixed penalty notice. Furthermore, if the person is under 18, they will not even receive a fixed penalty notice—effectively, an open invitation for the adult offender to lay responsibility on minors to hide their guilt and penalty. In other words, “Not me guv, it was the kids that did it”. They will effectively run rings round the drone code, with its hyped registration, responsibility and distance control requirements.
Baroness Vere of Norbiton
Yes, it includes all unmanned aircraft. Various bulk uploads will come from model aircraft clubs, so we expect that number to climb. Over the course of this Bill, perhaps when we get to Report, I am happy to look for an update on that and to give some indication of where we think more people registering their drones will come from.
Setting out the background to this, the noble Lord, Lord Campbell-Savours, mentioned a number of offences to which he assumed a fixed penalty notice could be attached. I believe they may not be given for those more serious offences to which he referred. Subsequent to this, I hope to be able to set out precisely what will be given to each level of offence, because there is perhaps a little confusion. I will go through my explanation, because there are opportunities for confiscation and forfeiture, which I hope will mean that the noble Lords are content to withdraw their amendments. Let us just see how we go.
Amendment 25 would give the police the power to confiscate an unmanned aircraft if a constable has required it to be grounded. Amendments 27 and 30 would require somebody to forfeit the unmanned aircraft as the penalty for unlawful use. I reiterate that my department has worked closely with the Home Office to ensure that the powers in this Bill are proportionate—that is an important word here—because we do not want to stifle a nascent, growing and potentially very useful drone industry. We do not want to discourage or alienate those who seek to use the unmanned aircraft sector lawfully, because it should be very useful as we go forward. We have also worked with the police, who are confident that they have the powers in this Bill to provide effective enforcement.
The amendment on confiscation, Amendment 25, would provide a potentially disproportionate power to the police, in addition to the existing powers in the Bill for them to require an unmanned aircraft, rather than an unmanned vehicle, to be grounded.
Lord Campbell-Savours
Why should a drone that goes into one of these restricted zones, which could potentially cause huge damage, not be confiscated?
Baroness Vere of Norbiton
If the noble Lord will bear with me, that drone would probably be confiscated by a constable for a different reason.
In our opinion, the amendment on forfeiture would also provide a potentially disproportionate penalty for those who commit most likely very minor offences of failing to ground an unmanned aircraft when asked to do so by police, or failing to comply with a constable’s request to inspect that small unmanned aircraft. While we feel that it would be disproportionate to insert these powers of confiscation and forfeiture regarding these two offences, it should be noted that the police have powers of confiscation elsewhere in the Bill and already in law.
Under the Bill, the police will have the power to stop and search a person or vehicle where they have reasonable grounds to suspect they will find an unmanned aircraft that is or has been involved in the commission of one of the offences specified in paragraph 2 of Schedule 8. This is for more serious offences, such as interfering with aircraft. This stop and search power gives the police constable the power to seize anything they discover in the course of a search if they have reasonable grounds to believe it is evidence relating to one of those offences.
The summary of all the stop and search offences was given out at the all-Peers meeting and I am very happy to send round this ready reckoner, which shows which offences fall under stop and search if there is suspicion of them. They are, for example, flying above 400 feet or within an exclusion zone of an airport. If there was a stop and search in that case, that item could be seized as evidence. Similarly, when entering and searching a premises under warrant using the powers in the Bill, a constable might seize an unmanned aircraft or any article associated with it if they have reason to believe it has been involved in the commission of one of the offences set out in paragraph 7 of Schedule 8.
Baroness Vere of Norbiton
The noble and gallant Lord makes a very interesting and valid point about deterrence, which is probably quite separate from the line I sought to convince him of. Noble Lords have mentioned that a very good drone might cost, say, £500, but the penalties we are talking about for some of the offences that could have been committed are fines up to a maximum of £2,500.
Baroness Vere of Norbiton
If, indeed, they are paid, which I will come on to—perhaps in the letter—because there are some very significant deterrents. If we are after a deterrent, we have those deterrents. Do we feel it is proportionate for property to be forfeited for fairly minor contraventions? We do not.
Lord Campbell-Savours
I shall say just one or two words. The Minister has offered to write us a letter. It is not a letter we want. We want it in the law. The letter will interpret the law in a way that she believes will satisfy the concerns we have expressed. I am worried about the guy out there with a drone. He is not going to read the law. He wants very simple principles established that he can understand. In the light of the interpretation that the Minister has put on the law during the interventions, I do not understand the law, and the other day I spent more than an hour going through these clauses to try to work out what was applicable in what circumstances. I put it to the Minister that the law is badly drafted. I have never said that in this House before. It is badly drafted, and we need far greater clarity in the clauses that Parliament is required to clear.
I predict that in the Commons, when MPs with airports in their constituency get their hands on the Bill, they will rubbish this clause because they will be dissatisfied with the provisions as explained to us. I say to the civil servants now that they should think in advance, before the Bill gets to the Commons, about how they will deal with the objections that will inevitably arise.
The Minister says that the role of government is to be proportionate. I agree. However, a small drone of 250 grams within a restricted zone can bring down a jumbo jet, with hundreds of lives lost. I think I am being proportionate and the Government are not in not understanding that that is the danger we are considering. The Minister has laid words on the record today that, in the event of a disaster, people will pore over and wonder what the hell she was talking about. I shall no doubt come back to this on Report, but I beg leave to withdraw the amendment.
Baroness Vere of Norbiton
I thank the noble Lord, Lord Rosser, for introducing this group of amendments, which gives us the opportunity to discuss the stop and search powers and the resourcing of police, and to dip our first toe in the water on delegated powers.
We recognise that stop and search is a significant power and that it is essential that we use it appropriately and proportionately. The noble Lord, Lord Rosser, rightly recognised that the consultation on the use of stop and search for drones reported before Gatwick. Therefore, the powers in this Bill were included as a result of a significant amount of consultation after Gatwick to make sure that we got it right. Since that consultation concluded, officials have had various meetings with stakeholders to discuss the consultation response both within and outside government. Those consulted include the Ministry of Defence, the Ministry of Justice and BEIS, as well as the National Police Chiefs’ Council and CT Policing. The Department for Transport has also met groups such as BALPA and the Guild of Air Traffic Control Officers, who in general support the police powers proposed in the Bill.
It is important that the powers be used only where proportionate, so there are a number of limits in the Bill. In the first instance, a constable must have grounds for suspecting that they will find an unmanned aircraft or something associated with an unmanned aircraft, such as a controller, and that the unmanned aircraft or article has been involved in the commission of one of the offences specified in the Bill. I shall send the schedule to noble Lords.
Lord Campbell-Savours
The Minister referred to BALPA. Is she saying that BALPA has expressed no reservations whatever about the police powers?
Baroness Vere of Norbiton
I am not aware that BALPA has any reservations about the stop and search powers under discussion.
Baroness Vere of Norbiton
I am afraid that I cannot recall exactly what BALPA’s reservations are—whether it has reservations about other police powers—but it was certainly one of the stakeholders that we spoke to regarding stop and search. As a consequence of the conversations that we had, we believe that introducing the powers in this Bill is proportionate and appropriate.
The more serious offences that could be liable to stop and search go towards the higher end of the penalty range and might involve transferring articles into or out of prisons et cetera. The Bill also sets out further conditions that need to be met. For offences that could be considered less serious, the conditions are more stringent. For example, in relation to Article 95 of the Air Navigation Order, flying a small unmanned surveillance aircraft too close to people, or Article 239(4), flying within a prohibited area, where it is more likely that somebody has committed an offence unintentionally —which again goes back to proportionality—stop and search can be used only where there are reasonable grounds to suspect that the commission of an offence using an unmanned aircraft or associated article was for one of the following purposes: endangering an aircraft, which I think noble Lords would all agree should be top of the list; causing any person harm, harassment, alarm or distress; undermining security, good order or discipline in any prison or institution where people are lawfully detained; damaging property, or threatening national security. So, there are many offences where stop and search does not apply—for example, Article 94, including flying beyond visual line of sight without permission and flying commercially without permission. Here, stop and search would not be applicable.
We also recognise that it is very important to minimise the potential for discrimination in the exercise of police powers. In addition to the limitations written into the Bill, the conduct and recording of the Bill powers will be subject to Sections 2 and 3 of PACE, for which there is already guidance for police in Code A, the code of practice for police in the exercise of statutory powers of stop and search. Code A will apply to the Bill powers to ensure that they are being exercised appropriately.
Lord Campbell-Savours
My Lords, I only wish that the noble Lord, Lord Tebbit, had been here during earlier proceedings on the Bill because we dealt with the issues that he referred to.
I wonder whether Ministers have considered the 22nd report of the Commons Select Committee, entitled Commercial and Recreational Drone Use in the UK, and its recommendation. I want to read that recommendation out because it is at the heart of the amendment moved by the noble Baroness from the Liberal Democrat Benches. The committee said that they are
“concerned that there are differing accounts within the aviation community about the likely severity of damage of a drone collision with an airplane. Furthermore, there are differing accounts of the number of near misses and the reliability of airprox reports has been disputed. The Committee is concerned that there is no agreed position on the likely consequences of a drone-airplane impact. The Government should complete a substantive risk assessment”—
exactly what the noble Baroness said—
“by the end of 2020.”
That is the end of this year. The report went on:
“If it is not possible to publish the result of this assessment due to security concerns, the Government must provide this Committee with evidential assurances that this work has been done.”
Well, it has not been done. The Select Committee recommendation has been ignored.
To go back further in the committee’s evidence, the CAA said that
“It is considered unlikely that a small drone would cause significant damage to a modern turbo-fan jet engine”.
I am sure that the noble Lord, Lord Tebbit, will be interested in what the report then states because he was a BALPA airline pilot, if I recall correctly:
“Captain Tim Pottage, representing BALPA, voiced caution about the CAA’s position. Captain Pottage said that he was … ‘Concerned that the CAA had that view. There has been no testing of a drone against a large commercial high bypass jet engine—none at all. Anecdotal evidence suggests that it would cause a catastrophic failure, causing a blade to shed and not to be contained within the engine cell.’”
That is what is worrying us in the House. We will have a lot of people telling us not to worry about it and that it will not happen, but if it does happen, who will be held to blame? I believe that it will be this Government.
Viscount Goschen
My Lords, the House should thank the noble Baroness, Lady Randerson, for introducing her amendment and enabling a discussion about, essentially, attempting to future-proof this legislation, which is extremely difficult to do.
I am afraid that I follow my noble friend Lord Tebbit’s analysis of the situation. We have to draw the line somewhere. It is important to move ahead with the legislation more or less as drafted—that is, as it appears before the Committee. It is difficult to legislate for future technical solutions, such as geofencing and reliable, low-cost, low-weight but high-power transponders that would have to be developed to be included in every single drone. Lightweight transponders exist at the moment—light enough to be put into gliders, for example—but they have relatively high power requirements. There is also the requirement for them to have very high integrity. If these drones are carrying a transponder and giving false information because the transponder costs £5, for example, air traffic control could be disrupted perhaps worse than by the original offence relating to where the device is being flown.
While I welcome the debate that the noble Baroness has facilitated through her amendment, I am sympathetic with my noble friend the Minister in trying to produce legislation that, as far as technologically we can, tackles the situation as it prevails at the moment while attempting to future-proof—often through the use of Henry VIII powers, which was the subject of the previous debate on Schedule 10. We need that flexibility. Some compromise is required to achieve that, and I suggest that that compromise is the use of delegated powers. It seems entirely clear that we will have to revisit this in the not too distant future, even after this Bill becomes law.
Baroness Vere of Norbiton
The noble Baroness makes a couple of very interesting points, including that in many cases, people do not intend to commit these offences and if given a slap on the wrist and a fixed-penalty notice, they probably would not do it again. When the noble Baroness asked if I wanted to make an intervention, I was listening intently because I want to hear ideas about what we should be doing that we have not done already, and where the deficiencies are.
Let me address some of the ideas of noble Lords; others we will take away and look at further. My noble friend Lord Naseby said that there must be a minimum age. There is a minimum age: you must be over 18 to operate a drone. You must also pass a competency test to be a remote pilot, but the operator of the drone is the person responsible. I think we can agree that the minimum age issue has been dealt with.
On remote ID and electronic conspicuity, the delegated Act is in UK law. The noble Baroness suggested demanding that every drone has electronic conspicuity. We do not want to favour one drone manufacturer over another. We want to ensure that the technology we receive can develop naturally. It was agreed among EU members that a three-year transition period would be appropriate, but electronic conspicuity is in British law. It will be coming over the transition period, as we agreed with our colleagues in the EU.
The noble Baroness also asked why the process is not like car registration. It already is. One must register a drone, and it has a number on it, like a car number plate. So we already have registration and competency testing; these things are already part of UK law. I am therefore still looking for what it is we should be doing better. Geo-awareness and geo-fencing, like electronic conspicuity, are in the EU delegated Act, so they are in UK law.
Forgive me—I cannot recall which noble Lord mentioned BVLOS, but we already have drones that can fly beyond the visual line of sight. It is illegal to do so; that is already within our legislation. It cannot be done without permission.
I am slightly at a loss as to where we can take this further. Noble Lords mentioned areas that stray into other parts of the law, but on privacy, for example, which the Government take extremely seriously, we want to stop invasions of people’s privacy, but we consider the existing legislation sufficient. Article 95 of the air navigation order specifies that equipment must not be flown over or within 150 metres of a congested areas or an organised open area assembly of more than 1,000 people, within 50 metres of any third person, or within 30 metres during take-off and landing. The 50-metre limit also applies to structures, including houses. Capturing an image from over 50 metres away is possible, I suppose, but then the GDPR regulations and the Data Protection Act come in to protect people’s privacy. Other criminal legislation which noble Lords considered more recently around voyeurism includes the Sexual Offences Act 2003. So, there is existing legislation which protects privacy. Again, I am happy to listen to opinions on where the legislation is deficient and how it specifically relates to drones, rather than just general privacy information.
Lord Campbell-Savours
Perhaps I can answer the Minister’s question. She asked what can be done. Very simply—if she has listened to the debate she will know—confiscate any drone that enters one of these zones.
Baroness Vere of Norbiton
I am aware that that is the noble Lord’s position, but I am not sure that evidence exists that if confiscation becomes part of the Bill, it automatically means that nothing bad will ever happen to drones—or that it will make any difference at all—given that the penalties are already far higher than the cost of a drone.
Baroness Vere of Norbiton
I thank my noble friend for that good example. I am not against this; I just wonder what the evidence is. I shall ask my officials to look for more examples and to see whether it is likely to be proportionate and a deterrent, and whether the existing penalty system is sufficient to deter not only minor offences but the most serious.
Lord Campbell-Savours
The noble Viscount referred to seizure as against confiscation. Perhaps we should simply substitute confiscation for seizure.
Lord Naseby
Perhaps I may be of help. It was pointed out to me that if I did not re-licence my shotgun within the statutory time limit I was given, the gun would be taken away from my premises. I do not know whether that would be for ever, but it would certainly be taken away for a long time.
Air Traffic Management and Unmanned Aircraft Bill [HL]
Lord Campbell-Savours ExcerptsMonday 27th January 2020
(4 years, 11 months ago)
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Lord Campbell-Savours (Lab)
My Lords, I want to speak briefly on Part 3 of the Bill, entitled “Unmanned Aircraft”.
I understand that the Bill makes new provisions
“for constables to allow them to better enforce UA provisions in the ANO 2016”
and includes
“powers to require an unmanned aircraft to be grounded, powers to stop and search persons or vehicles in specific circumstances, powers to enter and search premises under warrant, and powers to issue Fixed Penalty Notices”.
However, there is one thing it does not do. It does not appear to give the authorities the power to confiscate equipment. I would have thought that critical in making the Bill work. I would have thought it would concentrate the minds of people using equipment irresponsibly or illegally to know that their equipment, some of it quite expensive, could be confiscated in certain circumstances. The Government should issue guidelines on the circumstances in which equipment could be confiscated in the event that they are prepared to move an amendment to deal with this issue in Committee.
Baroness Vere of Norbiton
I thank the noble Baroness for her question. I shall have to write to her because it involves a level of detail into which I cannot go today.
I will skip over organisations such as ACOG, which has been set up by the CAA and will co-ordinate the airspace changes master plan. Again, I propose that my team produces a short two-page briefing and then we can have a verbal briefing thereafter.
My noble friend Lord Davies of Gower referred to the airspace changes and the process that the CAA uses. I have mentioned CAP1616, which was updated by the CAA in 2018 and is not due for change just yet. However, the point is that no airspace changes proposals have completed CAP1616 yet because it takes two to three years and involves seven stages and multiple consultations. It is very thorough.
The noble and gallant Lord, Lord Craig of Radley, mentioned specifically that the MoD needs access to airspace to train pilots. Of course it does, to maintain the competency of the UK’s defence needs. The MoD acts as an airspace change sponsor and therefore is responsible for the airspace around its own bases.
My noble friends Lord Goschen and Lord Kirkhope both mentioned general aviation and the reclassification of airspace. The Secretary of State has directed the CAA to develop and publish a national policy for the classification of UK airspace and to keep classification under regular review. The CAA has launched a consultation to identify volumes of controlled airspace in which the classification could be amended to better reflect the needs of all airspace users. This consultation closes on 3 March and the CAA will then shortlist volumes of airspace for potential amendments. Overall, the CAA has a responsibility to minimise the amount of controlled airspace.
The cost of airspace change is also important. It can vary from a few hundred thousand pounds to up to £5 million for some of the largest airports. The Government recognise that there may be occasions when a small airport requires financial assistance to carry out some aspects of airspace change, particularly if this results in airspace change in other airports and involves reaching an agreement about how it will all fit together.
The noble Lord, Lord McNally, mentioned artificial intelligence. This is not currently used in air traffic control or to fly an aircraft but it is recognised that there may be potential in artificial intelligence, particularly around aircraft safety and to reduce air traffic delays, but at the moment it is not a feature of the system.
On the third part of the Bill—“Unmanned Aircraft” —and the clause on general police powers, noble Lords will recognise that drones can be used positively. This is important and the Government are doing all they can to support the drone industry. My noble friend Lord Naseby referred to the weight limit within the drone sector and its applicability in relation to the Bill. Schedule 8—“General police powers and prison powers relating to unmanned aircraft”—does not have an upper weight limit and therefore goes above the 20 kilogram limit that usually applies to certain things, and it gives powers to a constable to ground an aircraft to stop and search, and so on. Schedule 9 gives the police powers relating specifically to the requirements in ANO 2016 and is applicable to unmanned aircraft up to 20 kilograms. The proposals relating to registration, competence and so on do not apply to unmanned aircraft of less than 250 grams.
The noble Lord, Lord Whitty, valiantly almost completed his speech. At the start of it he mentioned the EU Select Committee report in 2015. It is an important report and many of its recommendations have been implemented or are currently in the process of being implemented. The UK launched its registration and competency testing scheme for drones in November last year. To many people’s surprise, the number of people who have registered with the system is higher than forecast, and I am delighted that it is doing well. More than 80,000 people have registered with the system to date and more people sign up every day.
The noble Lord, Lord McNally, mentioned that he will probably table amendments to tighten and extend the regulation of drones. The purpose of the Bill is to improve public safety through the police enforcement powers. That is the focus of the Bill; therefore, it is probably not the correct vehicle for further unmanned aircraft regulation, but the EU regulations are already in law and they will be developing our legislation. We will continue to consider whether the regulations in the Air Navigation Order are fit for purpose.
My noble friend Lord Naseby mentioned fixed penalty notices. I would be very happy to discuss this in more detail outside the Chamber. Our intention is that fixed penalty notices will be given only in relation to the most minor offences where certain conditions listed in the Bill are met. These include that no other aircraft was endangered and that no other person was harmed, harassed, alarmed or distressed. The first regulation that we put down will specify exactly what will be subject to a fixed penalty notice. It will be an affirmative regulation and will therefore be debated in your Lordships’ House.
A question was asked about whether stop-and-search demographics will be available for those subject to a stop and search under these powers. Yes, they will be published by the Home Office in the usual way.
Police training and guidance are critical. Guidance is being drafted at the moment with the assistance of the police. It will be given to the College of Policing as well as to individual police forces. Noble Lords will be aware that the UK Counter-Unmanned Aircraft Strategy was published in October 2019. A specific unit is being set up—the new national police counter-drones unit—which will be critical in advising police forces how and when to utilise the powers. These are the specialists mentioned by the noble Lord, Lord Bradshaw.
I am well aware that I am running out of time. I have committed to write, and I will. I want to finish on counter-UAV technology because it is important and something that some noble Lords might imagine would be in the Bill. The issue is that counter-UAV technology is under development. There are two types. The first is to detect, track and identify. It tries to find the drone so that the police know where it is. At the moment, systems are being tested by the CPNI and a list of approved systems is being published, but these systems are a work in progress.
Lord Campbell-Savours
On confiscation, will the Minister discuss it with her officials so that we are informed prior to Committee?
Brexit: No-deal Ferry Contracts
Lord Campbell-Savours Excerpts(5 years, 7 months ago)
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Baroness Vere of Norbiton
I was trying to get across to noble Lords the complexity of the maritime market. Flexibility is possible, but it is not unlimited. For example, DFDS had to charter new vessels from very far away to fulfil these contracts. Other vessels had to be reconfigured. Those vessels will now need to go back to what they were beforehand to take on passengers. The noble Baroness looks incredulous, but the contract offered extremely good value to the taxpayer.
Lord Campbell-Savours (Lab)
Are the Government planning an out-of-court settlement with the ferry companies or do they intend to contest the case?
Baroness Vere of Norbiton
I am pleased to be able to tell the noble Lord that we have reached a settlement with the ferry companies, as I pointed out earlier, and that the termination fees are £43.8 million. It is clear that we have co-operated with the ferry companies, and we are grateful to them for the amount of mitigation that they have been able to do to reduce the amount of money that we have had to pay. We have had negotiations with them. We tried to sell as many tickets as possible to reduce the cost to the taxpayer and the ferry companies have cancelled sailings. We are grateful for their co-operation and believe that this is a fair settlement of the contract.