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

Debate between Lord Empey and Baroness Grender
Baroness Grender Portrait Baroness Grender (LD)
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My Lords, I am grateful for the opportunity to speak at Third Reading. I begin by thanking the Minister for the constructive way in which he and his officials have engaged with this House throughout its passage. I also record my gratitude to noble Lords across the House for the contributions they have made to the Bill at every stage. The scrutiny that this House has brought to bear, often from very different perspectives, has strengthened this legislation. I do not think that improvement would have happened without it.

I particularly welcome the Government’s agreement to bring forward a consultation on the experiences of disabled passengers—an addition to the Bill that I hope will make a real and lasting difference. For too long, disabled passengers have been left without the convenience or dignity that ought to be a basic expectation of air travel. I am glad that this House has secured a firm commitment embedded in the legislation to examine and address that failure properly.

I also welcome the corrective amendment the Minister has tabled for Third Reading, which addresses a technical deficiency identified by the Minister since Report. That kind of responsiveness does not always attend legislation of this kind, and it should be acknowledged.

I return to the principle that has guided my and my colleagues’ contributions throughout the passage of the Bill: that reform of aviation regulations should be directed first and foremost towards improving the passenger experience. The protections we have secured for disabled passengers and the standards the Bill now sets are what I will be watching for closely as it is implemented. Passengers do not experience aviation policy as clauses and statutes. They experience it as to whether they are treated with courtesy when a flight is delayed, whether they can travel with the support they need and whether the system as a whole is built around their interests rather than around convenience for everyone but them.

Too often in the past, passengers have been an afterthought in regulatory design. The Bill is an opportunity to correct that imbalance. I hope the Government will treat this not as the end of that work but as a foundation on which future improvements can and should be built. I close by expressing my thanks in particular to my Liberal Democrat Peer colleagues who have contributed to the Bill. My particular thanks, above all, go to Adam Bull in our Whips’ Office, for his diligence and unwavering support throughout its passage, for which I remain deeply grateful.

Lord Empey Portrait Lord Empey (UUP)
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My Lords, I thought we were going to end on a positive note, but the departure gate gag has probably set us back quite a bit this afternoon.

I thank the Minister for his engagement and also thank the Bill team and the Public Bill Office. On Report, he indicated to me on the record that the Government did not have power to deal with the issue of slots. Subsequently, the Minister has indicated that he would like to clarify what he believes now is the position, and he promised he would put a letter in the Library of the House to confirm that. I thank him and all his team for their engagement. It was very nice to be dealing with a Minister who knows how to be a Minister.

Lord Empey Portrait Lord Empey (UUP)
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My Lords, I thank the noble Lord, Lord Grayling, for his amendments, some of which are entirely complementary to what I want to achieve. I have been battling on this for a long number of years. I fully understand the point made by the noble Baroness, Lady Foster, about the value of an airline and how the slots are worth a lot of money—many millions of pounds, in many cases, depending on the time, and I can only see those values rising in the short term.

It is not that I would want the Minister to use hobnail boots to interfere with the slots regime, but there could be circumstances where—it is not impossible—given that we are in an international market and most of the airlines with slots at, say, Heathrow, are in effect international, the shareholdings of those could change. Let us suppose, for example, that a group such as IAG was purchased by a Middle East consortium; it might seek to maximise its profits from the use of the slots.

Let us take another example: regional airports. It is not a Northern Ireland issue. Let us suppose that that consortium decides, “We don’t need flights from Manchester to Heathrow; we could get rid of those”. Then the question would be: how would people get to the Cabinet? Would they have to take the bus? This is an extreme example, but the point is that a future shareholder could decide either to stop using a regional airport or to reduce the service to the point that it creates economic difficulties for a region. That requires a certain degree of interference by the state, because having inadequate regional connectivity is not simply a commercial matter. It is a matter that can affect regions. It can affect business. It could make regions less competitive, which has an impact on jobs and quality of life.

I got a Private Member’s Bill through this House twice, but we were then part of the European Union and the Minister said, “It’s a European competence; therefore, there is nothing I can do”, so that was that. But now we are in a different situation; we can do something. All I want the Minister to be able to say is that, in extremis, sufficient power exists—or that we will make sure that sufficient power exists—to ensure that the regions are not disadvantaged as a result of slots being removed from them and given to transatlantic or worldwide routes. This is not a difficult problem. Amendment 67 from the noble Lord, Lord Grayling, would give the Secretary of State a power to intervene, taking certain things into account. Therefore, I would have thought that it would be perfectly possible to have consensus on this, because nobody wants to see regions isolated or disadvantaged.

We have an opportunity now; it is within our own power. I accept entirely that we do not want to be messing around with the economics of a particular airline, but there could be circumstances in which the regions are put at risk. I hope the Minister will be able to satisfy me, the noble Lord, Lord Grayling, and others that this is not going to happen, and that he and the Secretary of State will have the powers to intervene if necessary.

Baroness Grender Portrait Baroness Grender (LD)
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My Lords, I turn first to Amendments 42 to 44. Although we understand the desire for commercial certainty, slot allocation is a strategic lever for regional connectivity, as described by the noble Lord, Lord Empey, and for national health. We strongly support his Amendment 46. Hub airports must provide adequate access for regional destinations. Regional routes must not be casualties of best-profit models.

On transparency, we support Amendments 47 and 48, which would mandate formal consultation and parliamentary statements before reforming the slot regime. As we have talked about in the past, Parliament and the public deserve to see evidence regarding impacts on competition and consumers before the rules of the game are fundamentally altered.

Procedurally, we support Amendments 52 and 53. All regulations under new Section 34A should be subject to the affirmative procedure, in our view. We welcome government Amendments 45 and 49, in particular, as referenced by the noble Lord, Lord Grayling, the removal of imprisonment for slot offences, which we see as a vital move toward proportionality. We welcome the Minister’s change on this.