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

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Department: Department for Transport
Moved by
41: Clause 6, page 6, line 28, at end insert—
“(4A) After section 80 (Secretary of State’s duties) insert—“80A Consideration of growth and sustainability of general aviation in relation to chargesIn exercising functions relating to charges for air traffic and air navigation services, the Secretary of State and the CAA must have regard to—(a) the desirability of promoting the growth and sustainability of general aviation, including its role in introducing individuals to aviation, supporting aviation skills development, and encouraging entry into commercial aviation careers, and(b) the desirability of ensuring that persons carrying out general aviation activities are not subject to charges which are disproportionate to the use made by such persons of air traffic and air navigation services.””Member's explanatory statement
This amendment seeks to ensure that decisions relating to charges for air traffic and air navigation services take account of the importance of general aviation to the sustainability of the wider aviation sector, including its contributions to aviation skills and future workforce development, and that such charges remain proportionate to use.
Lord Kirkhope of Harrogate Portrait Lord Kirkhope of Harrogate (Con)
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My Lords, we have come to the point in the evening where general aviation wants to put across its case. I will not declare all my interests in aviation, but I fly planes and am an honorary president of BALPA. I am very proud of that and of the fact that I have been flying planes now for over 40 years—with a licence. It is just as well to add that bit on.

Over those 40 years, I have seen how much more onerous the responsibilities and costs have been on those who have participated in general and business aviation in this country and elsewhere. Regulations have in many cases rightly been tightened to guarantee safety. However, the sheer cost of operating aircraft has increased dramatically, as have the costs incurred by those who have established training organisations around the country. The reason for my amendment tonight is clear.

I congratulate the Minister, as others presumably have been doing all evening, on being enormously receptive to the views of myself and others who have been promoting general aviation during this Bill. In my long experience here and in the other place, I can narrow down the number of Ministers who have been as receptive and helpful as he has been to a comparatively small number. He has been very helpful indeed. However, we must test him just that little bit further. Whatever he says in response to my amendment tonight, as the amendment sets out, it is a question of not just the words that we receive here in the deliberations on this Bill but of what happens next. Our wishes are not only that the Government should acknowledge the work being done in general aviation, its successes and its importance, but that the CAA also recognises that and is much more vocal and helpful than it has been in the past.

Many of the pilots who operate today in the commercial world are taught at training organisations on sometimes very small airfields around our country. The value of the contribution of that initial training to the airline business is therefore very difficult to estimate, but undoubtedly many of the people I know who fly commercially started out in training organisations in comparatively small fields around the country. In a way, my amendment is an attempt not only to get a greater acknowledgement on a permanent basis but to look at the economics.

The second part of my amendment asks that there should not be a disproportionate cost to general aviation in relation to air and navigation charges. My noble friend Lord Moylan has just touched on this point in his question to the Minister about the availability of and the charging for these services. My amendment specifically states that there should not be any impediment through

“charges which are disproportionate to the use made … of air traffic”

and navigational services by general aviation. That is quite clear: it is not just a question of availability, but of the actual use. We want to make sure that what has happened so far, which is reasonably satisfactory in that the charges are proportionate to the use, is continued and that there is no extra penalty put on GA and business aviation, to which we owe so much. I beg to move.

Lord Barber of Ainsdale Portrait Lord Barber of Ainsdale (Lab)
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My Lords, I will speak briefly to Amendment 69 in my name. I begin by declaring my interest as the current president of BALPA. This amendment proposes an annual report by the CAA on pilot licence holders. I am grateful for the chance to discuss the issues and the trends lying behind this proposal with my noble friend the Minister.

We know that there are significant numbers of commercial pilots approaching the mandatory retirement age of 65. We have ambitions for real growth in this sector, which could increase the demand for pilots. Yet there are real concerns about the difficulties of potential pilots accessing the necessary training, given the significantly high costs involved, so a careful monitoring of all these issues is justified. This amendment proposes one way of addressing these concerns about trends affecting the whole sector, but I know that the Minister has been thinking about these challenges and I look forward to hearing his thinking on the most appropriate way to respond.

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Lord Hendy of Richmond Hill Portrait Lord Hendy of Richmond Hill (Lab)
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My Lords, I begin with Amendment 41. I thank the noble Lord, Lord Kirkhope of Harrogate, for this and for his kind remarks. I also heard the noble Viscount, Lord Goschen, and other noble Lords clearly on this subject.

General aviation is an important part of the UK’s aviation industry, covering a wide range of public service, commercial and recreational activities. As the noble Lord remarked, it plays an important role in introducing people to aviation and helping to develop the skills pipeline for future aviation careers.

Clause 6 seeks to provide the CAA with greater flexibility as to who can be charged for air traffic services provided under a licence. This will ensure that, as the UK’s airspace evolves, the costs of providing those services can continue to be recovered fairly and proportionately, in line with the well-established “user pays” principle.

As the noble Lord will be aware, these costs are currently recovered primarily from commercial airlines, while general aviation is largely exempt. Any future changes would be subject to the CAA’s statutory consultation process, with affected parties retaining rights of appeal. The Civil Aviation Authority also has an obligation under the Transport Act 2000 to further the interests of operators and owners of aircraft, including in relation to the availability and cost of licensed air traffic services. This would and does naturally include considering impacts on the sustainability and growth of general aviation. Given those existing safeguards, the established charging process, and the fact that there are currently no plans to introduce new charges for general aviation users, I do not believe the amendment is necessary.

I turn to the amendment from my noble friend Lord Barber of Ainsdale, which would require the CAA to report on anonymised demographic trends among commercial pilot licence-holders. Demographic trends among skilled aviation personnel are a matter of interest to the industry, the Government and the Civil Aviation Authority.

The Civil Aviation Authority already collects demographic information on commercial pilots and other skilled personnel. This supports robust regulatory decision-making, enables the CAA to identify relevant trends and allows it to publish data on licence-holders where it considers that useful. Indeed, the CAA has published annual data on different categories of licensed pilots, including commercial pilots, broken down by age and sex, since 1994.

The proposed requirement to publish such statistics and analysis with a particular frequency could impose additional costs on the CAA. These would have to be met from the CAA’s scheme of charges and thus would be a burden on the aviation sector. For those reasons, I consider the amendment unnecessary and ask my noble friend not to press it.

More broadly, I reassure the noble Lord, as well as my noble friends Lord Barber of Ainsdale and Lord Tunnicliffe, of the importance that the Government place on maintaining a robust pipeline of flight crew, particularly pilots. The department is addressing workforce challenges through targeted programmes, such as Generation Aviation, and through evidence-based assessments of skills needs. The department will shortly commission a skills gap analysis across all aviation professions as a follow-up to analysis that was conducted in 2023. This will consider factors including retirements and sector growth, helping to identify emerging workforce pressures at an early stage.

In response to the noble Lord, Lord Grayling, the Government recognise and value the important role aerodromes play in their local communities. That is why the National Planning Policy Framework ensures that planning authorities consider their economic, leisure, training and emergency service roles when making planning decisions about them.

I thank noble Lords for their engagement on this matter and I trust that, as a result, they feel reassured. I ask the noble Lord to withdraw the amendment.

Lord Kirkhope of Harrogate Portrait Lord Kirkhope of Harrogate (Con)
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I feel that the matter that I brought through this amendment has been well aired. I am grateful for the contributions of my noble friends Lord Goschen, Lord Grayling and Lady Foster. I am particularly happy that my noble friend Lord Moylan, our spokesman, is satisfied with a very slight chastisement of me. I go away humble, of course, but not humiliated. I am delighted that the Minister has responded in the way he has. I am pleased that the amendment tabled by the noble Lord, Lord Barber, has been discussed, because it is also important in this group. As a result of that, I beg leave to withdraw my amendment.

Amendment 41 withdrawn.