Aviation Safety (Amendment) Regulations 2024

Lord Glenarthur Excerpts

Monday 18th November 2024 Grand Committee

[The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)]

My Lords, these regulations were laid in draft before this House on 23 October 2024. They amend existing aviation safety regulations to update certain provisions, and cover matters including: new requirements for altimeter checks; modernising fuel schemes and fuel planning; all-weather operations; improvements to flight crew training and checking; and safety management systems. These regulations will bring UK law into alignment with amendments to international law, upholding our international obligations, as well as making corrections and amendments to assimilated law.

I start by providing some background information about these regulations. As a member state of the International Civil Aviation Organization, or ICAO, the UK has agreed to implement international standards and recommended practices—SARPs—in domestic law. SARPs are technical specifications for aviation safety contained in annexes to the Convention on International Civil Aviation and adopted by the ICAO. As a member state, we are obliged to implement any amendments made to SARPs in domestic law unless impracticable to comply or not relevant to our system. Where this is the case, member states must file a difference notifying the ICAO that there are discrepancies between SARPs and domestic law. The majority of differences filed by the UK are either because legislative changes are yet to be undertaken or are in progress, are legacy differences inherited from assimilated EU regulations that we will incorporate over time, or, as mentioned, they are not appropriate for the UK system.

The draft regulations will bring UK law into alignment with amendments to Annexes 6 and 14 to the Convention on International Civil Aviation. Annexes 6 and 14 contain SARPs relating to the operation of aircraft and aerodromes respectively. The updates pertain to: enhancing fuel planning systems; widening all-weather operations—the ability of aircraft to take off and land under low-visibility conditions; improving flight crew training and checking; and updates to new and continuing airworthiness requirements around safety management systems. It also corrects and supplements amendments to assimilated law made by the Aviation Safety (Amendment) Regulations 2023. The regulations also reinstate two provisions erroneously removed by the Aviation Safety (Amendment) (EU Exit) Regulations 2020. These draft regulations were supported by the previous Government and were due to be laid in July this year. However, due to the general election, they were laid in October.

On the detail of the regulations, the draft regulations introduce the concept of fuel schemes for commercial air transport which requires fuel planning both pre and in-flight to ensure the minimum fuel level required for an aircraft to remain airborne and land safely, and provides greater flexibility for operators by moving these requirements to guidance published by the Civil Aviation Authority. It also clarifies the rules for helicopter fuel planning, including safety-related issues around refuelling with rotors running. The regulations also allow for the use of advanced technologies available to pilots, such as enhanced flight vision systems, when flying under low-visibility conditions, and improves existing mandatory crew training and checking requirements for air operators.

The draft regulations also correct errors arising from, and make further amendments to support those made by, the Aviation Safety (Amendment) Regulations 2023, which were made to implement international standards relating to safety management systems. Although the irregularities and inconsistencies in the regulations introduced by the errors have not caused a safety issue, the department acknowledges that the errors could impact the ease of use of the regulations by industry. The draft regulations therefore correct the errors to avoid any confusion that could lead to a safety issue in the future.

Turning to scrutiny from the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee, I am pleased to say the draft regulations were cleared by the Joint Committee. At the request of the Secondary Legislation Scrutiny Committee, a revised Explanatory Memorandum has been laid, which now includes a link to the Civil Aviation Authority’s consultation response document on all-weather operations, fuel planning and management.

Before turning to my closing comments, I bring attention to some minor typographical errors identified within the draft regulations since they were laid. A correction slip has been issued to amend these errors, and the corrections have been incorporated into the draft regulations.

We should continue to ensure that aviation remains among the safest forms of travel, as the safety of aviation and the travelling public is a priority to the Government. These draft regulations represent a further step in ensuring this remains the case. Some of the provisions in the draft regulations introduce new ways of using pre-existing technology, which are done with the aim of further improving aviation safety. They also correct errors to make certain the regulations are clear. Moreover, by upholding our commitments to implement international aviation safety law, we maintain not only high aviation safety standards but our reputation as a world leader in aviation safety. I beg to move.

[Lord Glenarthur (Con)]

My Lords, I am grateful to the Minister for his explanation of this fairly deep document and all that it contains. I should declare an interest because I have many years’ experience, both as a military helicopter pilot in the 1970s and 1980 and in the late 1970s and 1980s with British Airways Helicopters, as they were. I have been for many years involved with the British Helicopter Association. It used to be the British Helicopter Advisory Board, of which I was chairman—I forget for how long but for about 12 to 15 years—and I have been president of the association for about 14 years.

Can the Minister confirm that the BHA, the British Helicopter Association, was consulted on these matters? Can he also expand on what is in these regulations about the potential viability of point-in-space operations, which apply particularly to aircraft conducting emergency service work, often in the Highlands and Islands or out to sea? Because of the unavailability of the European satellite system—which we were able to use but, now we are out of the EU, we cannot—the facility and flexibility for helicopters, and no doubt other aircraft as well, to use these particular forms of approach is now put in peril. I know consideration has been given to this, but I very much hope that something can be done. One of the last points I should like to make is that the flexibility of the helicopter to undertake operations in that sort of way is unique. Those of us who have been involved with the emergency services and other areas would hate to see that diminished in any way, because science has moved on enormously since I became involved in it all in the late 1970s and early 1980s. I hope that the Minister can give some comfort to me on that.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I want to intervene briefly. I declare my interests. I am a holder of a current private pilot’s licence and a former director of one of our airports. This is a particularly interesting set of measures. I want to ask just a couple of questions and point out one or two things.

Of course, we all welcome the improvement in technology. Technology has come to the aid of, and provides a much safer environment for, those who pilot and operate planes, the airport operators themselves and, of course, passengers. But we are currently going through an enormous shortage of commercial pilots. Training is rightly being more elaborated, but I wonder whether we have sufficient facilities for training pilots in this country. I know it is slightly off beam, but my understanding is that a number of the major operators—I think easyJet is one—are having to train their pilots elsewhere because of a lack of training facilities here in this country. That is rather worrying and not good for this country’s economy. Will the Minister make a comment on that?

The Explanatory Memorandum refers to the instrument allowing general aviation, in which I partake,

“to make use of instrument flight rules”,

which have not been available before. I think we are all aware of the fact that this country is enormously dense when it comes to flying, and there is a lot of danger, particularly in a congested area such as the south-east of England. I published a report of an inquiry I did on lower-airspace controls because of this issue. Most of us involved in general aviation do not operate under the IFR; we operate mostly on a visual basis, although some of us do have instrument capabilities. This extension, referred to in the Explanatory Memorandum but to which I cannot find further reference—perhaps I am not looking sufficiently well at the text—does not seem to have been elaborated on much. I would be grateful if the Minister could comment further on that, perhaps after taking advice.

Other than that, I must say that I am very pleased that we are producing these regulations and maintaining our international standing in aviation.

Air Traffic Management and Unmanned Aircraft Bill [HL]

Lord Glenarthur Excerpts

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

[Lord Glenarthur (Con)]

My Lords, I regret that I was unable to play a part at Second Reading, or indeed earlier in Committee, but I have a professional background in aviation, which some noble Lords will know about and which is declared in the register of interests, so I was particularly interested in the noble and gallant Lord’s amendment.

One thing that the civilian helicopter community does is patrol pipelines for gas, oil and all sorts of other things. Something that has begun to worry some of us is that a helicopter, for example, following a pipeline to inspect it and ensure that it subscribes to all the parameters the oil company wants of it might meet either a drone coming the other way—because drones can do that job—or a drone that is crossing the route because it is doing something else. If the necessary controls are not there, how can we ensure that the conflict is removed? Who will have responsibility for it? If the drone is autonomous and not within the geographical boundaries that have been set for it, where does responsibility lie?

These are real issues and it is the responsibility of all of us in aviation to ensure that airspace is properly managed. It concerns me, as chairman of an organisation that flies aircraft—helicopters, particularly—on these pipeline patrols, that a drone coming the other way, or crossing a pipeline and not under adequate control, could cause an accident. I hope that my noble friend will be able to reassure me.

[Lord Naseby (Con)]

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

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

--- Later in debate ---

[Lord Berkeley]

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

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

[Lord Glenarthur]

Is there any requirement for those who operate drones to ensure that they are fitted with transponders, which can be interrogated by other types of aircraft conducting their operations perfectly legally within the same airspace? Might some mechanism be found to ensure that those who operate drones without transponders are breaching the rules, to which the noble and gallant Lord and the noble Lord, Lord Berkeley, have referred?

[Viscount Goschen (Con)]

This, again, is an aspect of the Bill where there is unanimity across all sides of the House—we are all trying to achieve the same purpose. The question is how best to do so, especially in an environment where technology is moving extremely fast. I am certainly sympathetic to the sentiments expressed by the noble Lord, Lord Campbell-Savours, and other Members of the Committee.

When the Minister comes to reply to this very interesting debate, perhaps she might describe the other sanctions that a rogue operator may be subject to in addition to the fixed penalties outlined in Schedule 10. We are talking about a broad variety of potential consequences, from annoying the neighbours on a sunny summer’s afternoon to deliberately trying to destroy an aircraft containing hundreds of passengers over central London. What sanctions could have faced the operator or the person in control—to use the phraseology of the noble and gallant Lord—who caused the disruption to Gatwick only a short while ago whose extremely irresponsible actions could have resulted in a high degree of disruption to the whole travel system of the United Kingdom?

It may be more convenient to discuss my second point in a later group of amendments, but there is a real issue around promulgation of the law. Because these devices can be bought over the internet and from shops by people who I suggest may not be familiar with the Air Navigation Order, they are probably not aware of the rules and how dangerous this activity can be and its consequences. I look forward to my noble friend’s response.

Helicopter Flights: Central London

Lord Glenarthur Excerpts

Tuesday 22nd January 2013 Lords Chamber

[Earl Attlee]

My Lords, it is not for me to prejudge the result of the investigation or to tell the Air Accidents Investigation Branch how it should conduct its operation, as I am sure the noble Lord understands. The Civil Aviation Authority is closely involved in the planning process, and it is unlikely that planning permission would be granted for a high building in the face of opposition from the Civil Aviation Authority.

[Lord Glenarthur]

My Lords, I declare an interest as president of the British Helicopter Association, which is the trade association for the helicopter industry. Does my noble friend agree that there should be no knee-jerk reaction to this tragic accident? We need to understand the facts. These are always complex, and the Air Accidents Investigation Branch will be able to deduce what all the reasons were. Does my noble friend also accept that helicopter flying into and over London provides health support through the work of the Helicopter Emergency Medical Service, security through police helicopters and some of the military, and also contributes to the wealth of the capital through general helicopter traffic in support of business?

[Earl Attlee]

My Lords, I agree with everything that my noble friend has said. In addition, I point out that the Civil Aviation Authority considered the operation of helicopters over London in 2005, and we are currently operating under the regime it recommended.

Airports: Capacity

Lord Glenarthur Excerpts

Tuesday 8th January 2013 Lords Chamber

[Earl Attlee]

My Lords, it is important to understand that we are very well connected by Heathrow Airport. It is connected to the rest of the world better than most other places in Europe.

[Lord Glenarthur]

My Lords, my noble friend’s Question referred specifically to commercial airports, but not far from Heathrow lies Northolt—principally a Royal Air Force airport but used for some other domestic and international semi-commercial flights. What problems and constraints exist in the further use or development of Northolt to add value to what otherwise would be part of the same hub of London airports?

[Earl Attlee]

My Lords, I understand that there are some difficulties with the runway orientation of Northolt airfield. I am sure that that is a factor that the Airports Commission will take into consideration.

Railways: Train Design

Lord Glenarthur Excerpts

Thursday 12th January 2012 Lords Chamber

[Lord Glenarthur]

My Lords, my noble friend will be aware that the Treasury and the Scottish Government announced recently that they would each put £50 million into the refurbishment of Caledonian railway sleepers, which many of us are delighted about, particularly if we use them twice a week as I do. Will the new franchise agreement, which I think will follow in 2014, also enable the train operating company—whoever takes on that franchise or continues with it now—to get good value for any commensurate investment that it might make in parallel to provide a really superb service?

[Earl Attlee]

My Lords, the noble Lord has strayed a little from the Question, but I am confident that there is good news and I will write to him with further details.