Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020

Lord Foulkes of Cumnock Excerpts

Wednesday 17th June 2020 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op) [V]]

My Lords, I thank the Minister for her helpful and detailed introduction, and for her courtesy in asking us in advance whether we had any questions. I am sure that my noble friend Lord Rosser will deal with some of the more detailed, technical aspects of the regulations later on, but perhaps I may first point out that this is one of many—indeed, too many—measures that we are having to deal with because of the damaging decision to leave the European Union. They are taking up an awful lot of time in this House and in the other place. We shall be discussing another one tomorrow, on civil aviation—and that is just aviation; there are many other areas that we are taking up time discussing.

However, as a Scottish Peer who represented an Ayrshire constituency when I was in the other place, I want to take this opportunity to highlight the important role played by Prestwick air traffic management centre in supporting the smooth running of our airspace. Appropriately, this is the 10th anniversary of the opening of the new centre at Prestwick.

As the Minister will be aware, Prestwick controls air space above Scotland and the north of England, across the North Sea to the east and halfway across the Atlantic towards North America in the west. It is the biggest area of controlled air space in the European Union.

Alongside that, it also has the benefit of the most up-to-date system, iTEC, designed to increase airspace capacity, to improve safety by automatically detecting potential aircraft conflicts ahead of time and to help some aircraft reduce fuel consumption and emissions by giving pilots greater flexibility to fly the best and most direct routes, instead of following the existing network of rigid waypoints and airways, which of course is good from a climate change point of view.

The same system is also deployed at our southern air traffic management centre at Swanwick. Given the capabilities at Prestwick, it is able to take over Swanwick’s operational abilities as well as its own in the case of an emergency. What contingency measures do we have in place for any such circumstances, which, sadly, given the events of the past few years, look increasingly possible?

On another matter, the single European sky, or SES, initiative, which is relevant to these regulations, is based on improving how European airspace is managed. Its aim is to modernise Europe’s airspace structure and air traffic management technologies to ensure that forecast growth in air traffic can be met safely and sustainably while also reducing costs and improving environmental performance. All this is to ensure that Europe’s aviation industry remains globally competitive. With the United Kingdom set, sadly, to be no longer part of the SES, I am keen to understand what arrangements the Government have in place to work with the European Union to improve airspace management, given the vast array of expertise and technologies that are available. The Minister may have covered this in her introduction, but I was not too clear as to whether she did. With this in mind, can she tell the House whether a new agreement between the United Kingdom and the European Union similar to the existing open skies agreement will be established? I look forward to her reply at the end of this debate.

Covid-19: Transport

Lord Foulkes of Cumnock Excerpts

Thursday 14th May 2020 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, on cross-border trains to Glasgow and to Edinburgh, which guidance should operators and passengers adhere to, that of the UK Government or that of the Scottish Government?

[Baroness Vere of Norbiton]

I think that I covered this in my remarks to the noble Baroness, Lady Randerson. A transport operator in Scotland should look at the Scottish Government’s guidance, and a transport operator in England should look at the guidance from the Department for Transport. That is the nature of devolution. I have not had any complaints about confused passengers or confused transport operators yet. We work closely with the devolved nations to make sure that each is aware of where things are going with regard to transport.

Aviation and Tourism: Cancellations

Lord Foulkes of Cumnock Excerpts

Tuesday 5th May 2020 Lords Chamber

[Baroness Vere of Norbiton]

The provisions that have already been put in place and announced by the Chancellor are available across the economy. They therefore do not have the sorts of conditions that the noble Baroness outlines. However, the Government are always open to speaking to any company that has exhausted all other forms of support and taken all the actions necessary. In those cases, we will make sure that appropriate conditions are put in place to make sure that the company behaves exactly as we would intend it to.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, the Minister says that she is in regular contact with the airlines, but it is clear from what we all have heard, and from the exchanges today, that the airlines are thumbing their nose at the Government. In the light of the Question from the noble Lord, Lord Blencathra, and all the contributions, will she go back to the airlines and say that it should not take months and months to make these refunds? With modern computer technology they can make them quickly. They are very quick at taking our money; they are not very good at paying it back.

[Baroness Vere of Norbiton]

The noble Lord reiterates points that have been made previously. I can only reassure him that we are working with the airlines to understand the challenges they face in order to get the money back to consumers. There are unprecedented challenges at this time, but we also recognise that customers should get their money back and in a timely fashion.

Passenger Train Services

Lord Foulkes of Cumnock Excerpts

Wednesday 29th April 2020 Lords Chamber

Asked by

[Lord Foulkes of Cumnock]

To ask Her Majesty’s Government what plans they have to review the arrangements for the operation of passenger train services during the COVID-19 pandemic.

The Question was considered in a Virtual Proceeding via video call.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, the rail industry implemented amended time- tables on 23 March in response to a decrease in passenger demand and reduced staffing across train operators and Network Rail. Train services have since been amended to ensure that they are meeting the needs of those who cannot work from home, and they are being kept under regular review.

[Lord Foulkes of Cumnock (Lab Co-op)]

Should not the Department for Transport be thinking now about when we exit from lockdown and looking at increasing rail services, limiting the numbers on each train to allow for social distancing, staggering working hours and protecting workers? Surely it would be wise to talk with Network Rail and Public Health England about such arrangements.

[Baroness Vere of Norbiton]

I thank the noble Lord for his Question; he is completely and utterly right, and that is precisely what we are doing.

Flybe

Lord Foulkes of Cumnock Excerpts

Thursday 5th March 2020 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I thank the Minister for the Statement, which comes at a time of huge concern in the aviation industry. When Flybe first publicly hit problems a couple of months ago, the Government wildly overpromised the help that was on offer, or potentially on offer. It turns out that virtually none of that help was possible, partly because of the concern in the rest of the aviation industry about fair competition but also because the Government, for one reason or another, have not been able to offer money on reasonable terms to the company.

All the grand schemes in the world will not help the people who are losing their jobs today or who are being cut off from the regular routes that they use which are important either to their families or to their businesses. In this Statement the Government repeat some of these grand, long-term promises—but, to be fair, that is actually irrelevant at this time.

On competitive market companies that fail, the Statement is really surprising, given the Government’s response couple of months ago. It says:

“It is not the role of government to prop them up.”


But two months ago, the Government were offering assistance that effectively was promising to do that. Shape shifting will not help the market. What help, if any, did the Government, in the end, provide to Flybe? Was Flybe able to defer the payment of any taxes, or was that not possible?

Beyond the concerns for Flybe employees and the passengers who have paid money for flights, amply outlined by the noble Baroness, Lady Hayter, there will be a very serious knock-on effect at smaller regional airports in the UK. Some of those airports could also find they cannot continue operating. The Statement says:

“Government stands ready to support this sector.”


Exactly how will the Government offer help to this sector? There is a danger that the Government are offering more help that actually cannot be implemented in the end.

The importance of Flybe has been overwhelmingly in its routes to isolated parts of the UK. Some such routes in the UK have PSO status, but only one is a Flybe route: the Newquay to Gatwick route. France has 22 PSO routes, so, even if we are still working to EU rules on this, I ask the Government to reconsider the number of internal routes that are given PSO status, because that is what will provide long-term certainty and a long-term levelling up for parts of the country that are very isolated.

Coronavirus is undoubtedly a factor in tipping this company over the edge probably slightly earlier than would otherwise have happened, and there will be other cases.

[Lord Foulkes of Cumnock (Lab Co-op)]

Look at the time. This is a Statement, not a debate.

[Baroness Randerson]

The two Opposition Front Benches are allowed 10 minutes, and I would like to finish what I am saying. Coronavirus will tip other transport operators into difficulties as well. Especially at this time, when we are expecting a large number of people to need healthcare, I ask the Government what measures they are putting in place to help the transportation of NHS patients from the Isle of Man to hospitals in Liverpool, which is a role that Flybe has undertaken up to now. This is a very specific concern.

--- Later in debate ---

[Baroness Vere of Norbiton]

My Lords, the aviation industry is a highly competitive market, and obviously, private companies operate in it. None the less, the noble Lord makes an important point about the Government’s insight into the financial future and sustainability of airlines. I am sure that he will be pleased to hear that the CAA already undertakes that role. Where potential financial issues are on the horizon, the Government are made aware. Therefore, plans can be put in place.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, may I declare an interest, in that my wife and I are due to fly with Flybe to Bergerac for Easter? I am particularly concerned about that. I am grateful for the Minister’s helpful advice on seeking compensation but my question is about the Flybe shareholders. My understanding is that Virgin is a major shareholder and that the plan was for it to operate these services as Virgin Connect. Why has Virgin not been involved? Why is it not ready to take over the services? Our understanding is that Virgin is a major aviation company in the United Kingdom.

[Baroness Vere of Norbiton]

The noble Lord is right. Virgin is a minority shareholder in Flybe, with a 30% stake. My understanding is the same as his—that Flybe was due to be rebranded as Virgin Connect. I think that overnight, the shareholders reached an agreement that there was no long-term future for Flybe as it stood, so they decided to pull the plug and make it insolvent. From now on, therefore, the winding-up process will be in the hands of the insolvency practitioner, using the usual well-established processes of insolvency. On the other point, I am sorry to hear that the noble Lord’s tickets to Bergerac may not be valid, but I am sure that he will receive compensation somehow.

High Speed Rail (West Midlands– Crewe) Bill

Lord Foulkes of Cumnock Excerpts

Motion to revive Bill
Tuesday 25th February 2020 Lords Chamber

[Lord Adonis (Lab)]

My Lords, I strongly support the Motion and join the Minister in paying tribute to noble Lords who have agreed to serve on the Select Committee. However, as she is aware, the extension of HS2 from Birmingham to Crewe—the phase 2a Bill we are talking about—is integrally linked to the 2b provisions that will extend HS2 from Crewe to Manchester and from Birmingham to Leeds.

In the Statement of policy made two weeks ago, the Prime Minister said that there would be a further review of the northern elements of HS2 covered by phase 2b. He indicated that the review would last about six months, but no detail has been given so far. Because it is so vital to understanding the implications of 2a, can the Minister tell the House more about the review? Who will conduct it? What will the timescale be? When will the Government publish the terms of reference? When will the review start? Is she aware that there is serious concern in Crewe, Manchester, Derby, Nottingham, Sheffield, Leeds and Scotland—where HS2 will ultimately terminate—that, if the review is unduly delayed, we will end up with a high-speed line that goes to Birmingham and Crewe but does not extend these vital benefits to the north?

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I endorse what my noble friend has said. It is important that consideration is given to the further extension, particularly to Scotland. In addition, there have been reports that China has expressed interest in taking over the construction of the high-speed link, and that it could do it more quickly and cheaply. Is that a serious proposal? Is it being looked at by the Government? If so, when will it be considered by Parliament?

[Lord Clark of Windermere (Lab)]

My Lords, I would like to pursue the point made by the noble Lord, Lord Adonis, about the effect of the phase 2a Bill on phase 2b. Can the Minister confirm, first, that under this legislation a station separate from the current mainline station will be built at Crewe? This will mean that people coming down from Scotland will have to change trains. Secondly, will she confirm that, under phase 2b, trains north of Crewe are not going to run at the same speed as the HS2 trains, and that trains to Manchester from Crewe will be doing only the same speed as the 125 trains?

Hammersmith Bridge

Lord Foulkes of Cumnock Excerpts

Tuesday 7th January 2020 Lords Chamber

[Baroness Vere of Norbiton]

I believe that is indeed the case. That question might, therefore, be better directed at the Mayor of London, Sadiq Khan, who has responsibility for transport in London.

[Lord Foulkes of Cumnock (Lab Co-op)]

Does the Minister recall that, during the general election, Mr Boris Johnson pledged to consider building a bridge from Northern Ireland to Scotland, even though there are hundreds of tonnes of explosives in Beaufort’s Dyke, put there because it was supposedly a safe place? If the Government cannot keep Hammersmith Bridge open, how on earth are they going to manage to do that? Is this going to go ahead?

[Baroness Vere of Norbiton]

The noble Lord is quite right. We have indeed asked officials to look at various options for bridges which would strengthen our union, and I understand that there is some talk of a potential tunnel, now that tunnelling costs are cheaper than they used to be. Watch this space, but perhaps do not hold your breath.

Buses: Rural Services

Lord Foulkes of Cumnock Excerpts

Tuesday 16th July 2019 Lords Chamber

[Baroness Vere of Norbiton]

I reiterate to the noble Lord that we are providing funding—we are supporting £2.12 billion-worth of funding. It is not just about the money; it is also about being innovative with how we spend it. It is the case that local authorities know what is best for their local communities. It is not up to national government to micromanage hyperlocal bus schedules.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, in Scotland, thanks principally to free travel for older people, who can travel anywhere throughout Scotland absolutely free, rural bus services are being maintained and indeed expanded—incidentally, this is with help from the English taxpayer. Why is such a scheme not possible also in England?

[Baroness Vere of Norbiton]

We operate things differently in England than they do in Scotland. But I stand by what I said earlier in that funding from central government is available. Local authorities can of course also access council tax, business rates and other local income. However, at the end of the day, it is about using money more effectively, not just throwing more money at it.

Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019

Lord Foulkes of Cumnock Excerpts

Thursday 21st March 2019 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I have sat through a number of transport statutory instruments which have been brought forward in the event that there is no deal—something that none of us wants or expects to happen. There have been dozens and dozens of them in Grand Committee and on the Floor of the House. The noble Baroness, Lady Sugg, has spent a lot of her valuable time on them, and we have five officials in the Box—excellent, qualified people—who have been working hard on them. This total waste of time and effort has been caused by the Prime Minister. One of my noble friends said to me earlier that it is not the men in grey suits that need to turn up to deal with what is happening in 10 Downing Street but the men in white coats. I am grateful to him for suggesting that to me. Can the Minister give us an estimate of the time and cost involved in dealing with all these unnecessary statutory instruments?

[Baroness Altmann (Con)]

My Lords, I would like to register the concern and disappointment that is also felt on these Benches at people having to apply to drive trains, cars, buses or whatever else across the EU when the UK has led the charge in unifying standards and bringing the countries together. Perhaps I may ask one question. My noble friend mentioned that a small number of drivers have not yet achieved the qualification to drive in the EU if we leave with no deal. Can she tell the House how many drivers are in that situation and what efforts are being made in that regard? She noted that some efforts are being made to inform them about what to do and what the implications might be for those who do not have those qualifications.

[Lord Tunnicliffe (Lab)]

My Lords, this is about my 60th SI, so I am into some SI fatigue. Previously I have started by saying how much I regret being here because of the Government’s failure to rule out a no-deal Brexit. Unfortunately, the world has changed. If nobody blinks, our no-deal exit is next Saturday and these rules will come in. I therefore have to disagree with my noble friend Lord Foulkes: I think we do have to do this work, for the worst possible reason—because we are in the worst possible place. Brexit itself is bad enough, but the Brexit that is going to be thrust upon us unless sanity reigns—

[Lord Foulkes of Cumnock]

Will my noble friend give way? I am going to agree with him: we have to do this. I just regret that we are having to do it because the Prime Minister has taken such a stubborn attitude. If she had understood the position and realised the strength of feeling earlier, we would not now be in the situation of facing the possibility of no deal at the end of next week. I hope that we do not have no deal, but I understand why we are having to do this. I just think that it is a terrible waste of the Minister’s time and staff time, and it would have been completely unnecessary if the Prime Minister had made a sensible decision.

[Lord Tunnicliffe]

I am glad the noble Lord agrees with me that, unfortunately, it is now a necessity.

Turning to the two instruments, first, I agree with virtually everybody who has spoken—including my noble friends Lord Berkeley and Lord Snape, and the noble Baroness, Lady Randerson—that the ongoing exchange of information should be a long-term aspiration, even in the silliest position we might find ourselves in. Can the Government come out and say that it will be a long-term aspiration in the rail industry? Exchange of information in the transport sector is one of the key factors necessary to achieve the levels of safety we have come to expect.

--- Later in debate ---

[Lord Foulkes of Cumnock]

My Lords, I was hoping that the Minister would answer my question and give me some indication of how much of her very valuable time she spent dealing with what my noble friend has now disclosed was 90 statutory instruments, and how many officials in the department have been occupied in this task, which might well not have been necessary.

Aviation: Boeing 737 MAX 8 Jets

Lord Foulkes of Cumnock Excerpts

Monday 11th March 2019 Lords Chamber

[Baroness Sugg]

I have seen the same reports as my noble friend. The Air Accidents Investigation Branch has offered assistance to the Ethiopian authorities. That has now been accepted and a team is now being deployed.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, the Chinese authorities have grounded all 60 of their aircraft of this type. Would she care to speculate why they have done so and whether their action is premature?

[Baroness Sugg]

No, I would not wish to speculate why the Chinese have taken those decisions. As I said, the CAA is in discussion with EASA on any restrictions that should be put in place, but the current position is that more information is needed to warrant any grounding decision. As I also said, these decisions are best taken internationally. We have five 737 MAX 8s registered in the UK, but 350 are flying globally. Further conversations are of course ongoing and we are keeping in close contact with both the CAA and EASA.