Airports Slot Allocation (Alleviation of Usage Requirements etc.) Regulations 2025
Lord Kirkhope of Harrogate Excerpts(3 days, 18 hours ago)
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The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)
My Lords, these draft regulations were laid before Parliament on 4 December 2024 and will be made under powers conferred by the Retained EU Law (Revocation and Reform) Act 2023, also known as the REUL Act. They are an example of the UK making use of the freedom gained from the UK’s departure from the European Union.
This legislation amends Council Regulation (EEC) No 95/93, which sets out the rules for allocation of airport slots. In taking these amendments forward, we are moving ahead before the European Union. Slot allocation rules apply only at what are known as co-ordinated airports, where capacity at the airport is unable to meet demand for slots at those airports. Nine airports are now covered by these rules, including the main London airports of City, Gatwick, Heathrow, Luton and Stansted, as well as Birmingham, Bristol, Manchester and Leeds Bradford.
The regulations will update the definition of a new entrant air carrier—or airline, as most of us would refer to it—for slot allocation purposes. This will allow air carriers with a small presence at a co-ordinated airport the opportunity to benefit from greater priority in the allocation of airport slots from the slot pool, prior to the start of the summer or winter scheduling seasons. This change not only aligns UK regulations with international guidelines but has the potential to provide more choice for consumers in terms of routes, destinations and the carriers they can fly with.
In addition, the regulations will amend assimilated EU law to enable the UK to respond in the event of a pandemic, epidemic or other outbreak of disease, such as was experienced during the Covid-19 pandemic. It will remove the need for emergency legislation to provide alleviation from slot usage rules, as was the case during the Covid-19 pandemic, in order to protect consumers, the environment and the aviation sector.
Noble Lords will be aware that co-ordinated airports are the UK’s busiest airports and that gaining a slot at them can be a challenge. It is not uncommon for air carriers to have to spend several years on the waiting list before being allocated a slot. Added to this, the current new entrant definition restricts new entrant carriers from being able to obtain enough slots for the number of daily rotations necessary to make a route commercially viable. Pursuing the necessary number of slots results in them losing their new entrant status and the benefits that come with it.
This hampers competition, which is why my department wants to update the definition of a new entrant. This seemingly small change is the difference between a new entrant air carrier being able to successfully establish and maintain a service and having to give up after a few years. The revised definition of a new entrant also brings the UK’s legislation in line with the Worldwide Airport Slot Guidelines, which provide the air transport industry worldwide with a single set of standards for the management of airport slots at co-ordinated airports.
Regulation 95/93 sets out that air carriers must operate their airport slots 80% of the time in order to retain the right to those same slots the following year. This is known as the 80:20, or the “use it or lose it”, rule. Under normal circumstances, the 80:20 rule helps encourage the efficient use of airport capacity while allowing air carriers a degree of flexibility in their operations. However, throughout the Covid-19 pandemic, the 80:20 rule was waived to avoid environmentally damaging and financially costly flights with few or no passengers—so-called ghost flights. Using powers afforded to the Government in the Air Traffic Management and Unmanned Aircraft Act 2021—known as the ATMUA Act—a full waiver from the 80:20 rule was initially provided. However, as the industry recovered from the pandemic, usage ratios and other measures set out in that Act were amended, allowing a managed return to business-as-usual operations as demand for aviation recovered.
Due to the unpredictability of the Covid-19 pandemic, the powers granted under the ATMUA Act were necessarily time-limited; they expired in the summer of 2024. However, the experience of Covid-19 has shown that a permanent provision for slot alleviation relating to a pandemic, epidemic or other outbreak of disease is needed. This is to provide a means by which a collapse in aviation demand because of an event of a similar magnitude to Covid-19 can be managed as part of normal operations by the UK’s airport slot co-ordinator. Without this provision, if a health crisis similar to Covid-19 were to occur, the Government would need to bring forward further primary legislation, as was done through the ATMUA Act, in order to enable alleviation from the 80:20 rule.
Turning to the content of the statutory instrument, this draft instrument will amend Regulation 95/93 to change the definition of a new entrant carrier. The purpose of the new entrant rule is to stimulate competition. New entrant carriers are given priority in the allocation of slots, as the regulation requires that 50% of slots shall first be allocated to new entrants unless the requests made by new entrants are less than 50%. Currently, an air carrier is a new entrant if it has fewer than five slots at an airport on a given day. Under this instrument, a new entrant is defined as a carrier that holds fewer than seven slots at an airport. The update to the new entrant rule is designed to enhance the presence of new entrant carriers at slot co-ordinated airports.
As I said, the instrument will also build on previous regulations that provided carriers with slot alleviation during the Covid-19 pandemic by introducing a permanent provision for carriers in order to obtain slot alleviation where there are government-imposed measures relating to a pandemic, epidemic or other outbreak of disease, provided that certain conditions are fulfilled. This will put in place a much simpler process by which an event such as Covid-19 can be managed for slot co-ordination purposes.
In conclusion, in this instrument, the Government have recognised the need to update the definition of a new entrant and to provide additional reasons for allowing alleviation from slot usage rules in order to protect the aviation sector from the potential impact of another pandemic occurring, however remote that possibility might or might not appear. The provisions in the instrument were subject to consultation with the aviation sector in 2023 and received strong support from across industry. The Secondary Legislation Scrutiny Committee flagged these regulations as an instrument of interest but did not make any adverse comments. The Joint Committee on Statutory Instruments did not report this instrument. I hope that noble Lords will join me in supporting these measures. I beg to move.
Lord Kirkhope of Harrogate (Con)
My Lords, I want to make a shortish contribution. First, in general, I welcome these proposals. I declare my interest as a former director of Newcastle Airport, which is of course not on the list of co-ordinated airports because of the lack of congestion—I think that is the term used. I am also a private pilot so I have a particular interest in the way in which this interesting phenomenon of slots has developed over the years.
It seems to me that, in terms of their balance sheets, quite a lot of airlines would not be able to operate unless they had slots as part of the asset base, which isa little unreal and unacceptable. In my opinion, that also puts pressure on obtaining slots out of the pool—or, indeed, in any other way possible. Airport Coordination Limited, which is the organisation that decides on the allocation of slots, therefore has a difficult job, particularly in areas where the return of slots from airlines is quite a difficult situation. Obviously, there are far too few slots relating to all the airports on the list of co-ordinated airports.
Interestingly, although Leeds Bradford Airport is now included as a co-ordinated airport, it certainly does not appear in much of the evidence that I have read in relation to ghost flights, and so on. Will the Minister let me know whether Leeds Bradford Airport has been a late entrant on this list? I would be interested to know.
Bus Funding
Lord Kirkhope of Harrogate Excerpts(2 months ago)
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Lord Kirkhope of Harrogate (Con)
My Lords, the other day, I referred to the Harrogate Bus Company, and I think the Minister agreed with me that it is a good example of a company that has proceeded with environmental approaches, particularly the electrification of its fleet, and done some inspiring things. The formula that my noble friend Lord Moylan referred to seems to be rather rough and ready. Will the Minister confirm to me that, when we have an innovative approach taken by a bus company such as Harrogate, that in itself will result in some reward in terms of funding arrangements: some kind of compensation or at least some kind of acknowledgement of these initiatives, which so are important in the bus industry?
Aviation Safety (Amendment) Regulations 2024
Lord Kirkhope of Harrogate Excerpts(2 months ago)
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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.
Lord Young of Cookham (Con)
My Lords, unlike my two noble friends, I do not have a pilot’s licence—I will not respond to the shortage referred to by my noble friend Lord Kirkhope by applying for one—but I was caught, as I went through the document, by Regulation 4(21). It says:
“‘fuel scheme’ means a scheme for the use of fuel or energy that is a basic fuel scheme, a basic fuel scheme with variations or an individual fuel scheme”.
That is amplified in the Explanatory Note, where apparently energy is added to fuel. It says:
“The concept of ‘energy’ is a new addition throughout the amendments to allow for the use of non-hydrocarbon-based fuels in future”.
On page 7 of the impact assessment, in paragraph 15, we have this explanation:
“In addition, this proposal also introduces the concept of alternative fuel or energy sources other than hydrocarbon-based fuels. Without this change, UK operators will not be able to take advantage of technological advances in the production of alternative propulsion sources for aviation”.
COP 29 is under way at the moment, and I understand that the airline industry is committed to net zero by 2050. It is therefore quite important that we know a bit more about these alternative propulsion sources. My understanding is that sustainable aviation fuels are already available, but is it the case that up to now it has not been legally possible to use these SAFs, because we have not made the change yet and without this change UK operators will not be able to take advantage of technological advances? My understanding is that Virgin Atlantic is trialling plant-based fuels and that recycling cooking oil is one of the alternatives. Is it the case that at the moment one cannot blend sustainable aviation fuel with conventional hydrocarbons but after this instrument we will be able to? Can the Minister say a bit more about the progress being made? Net zero by 2050 is quite a tough target because the aviation industry is one of the tougher ones in which to remove hydrocarbons, so I would appreciate hearing a bit more about what the current position is—the legality of using SAF at the moment—and the prospects of hitting our target by 2050.
Carbon Emissions: Bus Fleets
Lord Kirkhope of Harrogate Excerpts(2 months, 1 week ago)
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Lord Hendy of Richmond Hill (Lab)
The noble Baroness will know that bus operations across England are generally managed by operators, and they ensure that depots are configured to accommodate their fleet. It is they who must apply to distribution network operators for grid connections. The Department for Energy Security and Net Zero announced that the newly formed National Energy System Operator has been asked to produce the first strategic spatial plan for energy, and it is also looking at reforming the connection process. Both those actions will help bus operators—it is their investment in their depots that enables electric buses to run.
Lord Kirkhope of Harrogate (Con)
Will the Minister join me in congratulating the Harrogate Bus Company, which is electrifying its fleet at the moment? It is not only electrifying its buses but bringing in innovative arrangements for charging en route—a very noble effort.
Lord Hendy of Richmond Hill (Lab)
I agree with the noble Lord that actions such as those taken in Harrogate to electrify bus fleets have real benefits. The innovative technology example, which allows charging in the course of a journey, is also to be lauded.
Local Bus Sector
Lord Kirkhope of Harrogate Excerpts(4 months, 2 weeks ago)
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Lord Hendy of Richmond Hill (Lab)
I thank my noble friend for that question. It is a subject that has engaged the bus and railway industries for generations. In fact, it is more likely that the bus will have to alter its timetable to suit the railway, because the railways are a national, integrated system, but he is right to suggest that the opportunity arises as a consequence of the Government’s proposals for Great British Railways and for buses as part of a more integrated public transport service across the entire country. The Government will do their best to make sure those opportunities are built on.
Lord Kirkhope of Harrogate (Con)
My Lords, my colleagues and I are concerned about the amount of pollution which diesel buses in particular present. We used to have trams and vehicles that were run on electricity. Can the Minister confirm what the Government are doing to encourage better environmental standards in buses and other means of public transport?
Lord Hendy of Richmond Hill (Lab)
The programme to reduce emissions from the bus fleet has been carried out by successive Governments over many years. There is no doubt at all that government intervention has created both cleaner diesel buses, which now meet that Euro 6 standard, and an increasing fleet of electric buses, which are the modern equivalent of tram-cars. This Government hope to continue that, subject to funding, because it is clearly a very important contribution to air quality in urban and other areas.
Mail Carriage by Rail
Lord Kirkhope of Harrogate Excerpts(6 months ago)
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Lord Hendy of Richmond Hill (Lab)
The mode of transport chosen by Royal Mail is an operational decision, over which Ministers and the regulator have no role under postal regulation. It has emphasised the low-carbon credentials of its road fleet, using electric vans and biofuel in HGVs to reduce emissions. However, I have already encouraged Royal Mail, and will continue to encourage it, to take an ambitious approach to the wider use of rail freight as part of its commitments to net zero and to reducing congestion our roads, including exploring the innovative and growing express rail freight sector. I assure your Lordships’ House that, in my new role as rail Minister, I will be championing the role of freight on our railways.
Lord Kirkhope of Harrogate (Con)
Will the Minister please respond to the concerns of many people in this country who feel threatened by the changes involved in the new proposals for the daily delivery of domestic letters and parcels to our houses? Will he comment on the proposals to diminish this service?
Lord Hendy of Richmond Hill (Lab)
In respect of the carriage of mail by rail, my department officials are working closely with officials from the Department for Business and Trade. I would be happy to take the noble Lord’s comments back to both departments. I have to say that this is still an operational decision for Royal Mail, over which Ministers and the regulator have no role under postal regulation.