Space Industry Bill [HL]

Lord McNally Excerpts

3rd reading (Hansard): House of Lords
Tuesday 28th November 2017 Lords Chamber

Moved by

[Lord McNally]

Clause 67, page 43, line 13, leave out from “make” to end of line 14, and insert “further provision for the regulation of spaceflight activities and sub-orbital activities, and the activities associated with them.”

[Lord McNally (LD)]

My Lords, this amendment is the result of unfinished business at the end of Report. Basically, there has been an argument throughout this Bill, and there will be in other Bills that come before us, about the worrying nature of the use of secondary legislation that is vaguely promised and vaguely described in primary legislation. In this respect, Clause 67(1), which is vaguely written, refers back to Clause 1(1) which again makes vague commitments. The amendment merely suggests that there should be crisper and more tightly drawn references which avoid blank cheques and abuse of secondary legislation.

I do not intend to press this to a vote this afternoon, but to leave it as a bit of business still to be considered. The other place will need to look at it, because it should be as worrying to them as it is to this House.

I put on record my appreciation for the removal from the Bill of the Henry VIII clause, and I hope that will be a guide for other Bills that are coming before us. I am very grateful to the noble and learned Lord, Lord Judge, who is not in his place, who has made it quite clear that Henry VIII clauses were to be avoided, and that this example of putting in Henry VIII clauses and vague “blank cheque” secondary legislation was a problem that needed to be addressed. That is not to deny the fact that we also need to be able to future-proof Bills as best we can, particularly a Bill such as this. It is a matter of getting the balance right between future-proofing and ring-fencing them in terms of the powers that we write in.

As the noble and learned Lord, Lord Judge, emphasised in his lecture at King’s College in 2016:

“This is not an attack on delegated legislation”.


However, in that lecture he quoted one of his distinguished predecessors as Lord Chief Justice—Lord Hewart—who, in 1929, warned against,

“the increase of bureaucratic, departmental authority over the citizen”.

The moving of power from Parliament to the Executive is one of the ironies of the Brexit process.

We believe that if we do not heed the warnings of the noble and learned Lord, Lord Judge, and others, we face a constitutional car crash. At the very least, future-proofing should be tightly drawn. The super-affirmative process should be used where necessary, as should sunset clauses. I believe that we need to look at the case for making certain types of secondary legislation amendable by both Houses. That is the thinking behind this amendment—a billet-doux to send down the Corridor to the other place. I beg to move.

[Lord Rosser (Lab)]

I assume that when she comes to respond the Minister will talk about the wording of the amendment and, if she is not going to accept it on behalf of the Government, will indicate why it is not acceptable. Therefore, my brief comments and questions are based on the assumption that she will talk about the wording of the amendment and what it would mean if it were included in the Bill, because obviously I share the concerns that have been expressed. I hope that if the Minister is not prepared to accept the amendment on behalf of the Government, she will at least indicate a willingness to reflect further on this matter prior to its being considered in the House of Commons.

In her response, perhaps the Minister could say what the Government envisage they might want to do through regulations under Clause 67(1) as it stands that they consider they would not be able to do through regulations under Clause 67(1) if it were amended in line with this amendment. Or, to put it the other way round, what do the Government consider they would not be able to do that they might want to do through regulations under Clause 67(1) amended in line with this amendment that they would be able to do through regulations under Clause 67(1) as it stands?

--- Later in debate ---

[Lord McNally]

My Lords, as I indicated, what we said, the probing of the noble Lord, Lord Rosser, and the Minister’s reply are in Hansard and will be of use in the other place when they make their judgment about whether the Bill is drafted tightly enough in these matters. With that, I beg leave to withdraw the amendment.

Amendment withdrawn.

--- Later in debate ---

[Lord McNally]

My Lords, I join the noble Lord, Lord Rosser, in thanking both the noble Baroness, Lady Sugg, and the noble Lord, Lord Callanan. Although I teased him at the time that he was not missed, it is clear that there was a smooth and orderly passing of the ball to the noble Baroness, Lady Sugg, who has carried out her role with great skill and charm and has made herself and officials available, for which we are grateful. Our Bill team consisted of Sarah Pughe, who has been a great help to me, and my noble friends Lady Randerson and Lord Fox. I have enjoyed working with the noble Lord, Lord Rosser, who brings his eye for detail to these matters, and with the noble Lord, Lord Tunnicliffe, who brought his experiences as an ex-pilot. I will remember two contributions by the noble Lord, Lord Tunnicliffe. He reminded us that a rocket is a controlled explosion, which puts some of the health and safety aspects into perspective. He also said that the first civil aviation Act in 1920 completely underestimated the explosion of air travel that was about to come. Therefore, those who write off this Bill as a bit of futurology may be surprised at how soon some of this comes to pass.

I take pride that the problem of space rubbish has been put firmly in the Bill. It is now part of the Liberal Democrat lexicon, along with clean pavements and other matters. It was a delight to have contributions from the noble Lord, Lord Willetts, who, as a Minister, made such a contribution to giving the space industry of which we are so proud its impetus. We all look forward to the opening of the Moynihan International Spaceport in Scotland, which I am sure will be a festive occasion.

One has to say and lead the worry that Brexit casts a long shadow over this industry. It is important that, if Brexit were to go ahead, the industry be well protected to make progress.

Again I thank the Minister and her team for making this Bill a good example of the House of Lords at work.

[Lord Moynihan (Con)]

My Lords, I add my gratitude and appreciation to the ministerial team, both present and past, who have worked so diligently on this Bill. It was very helpful that the Bill was published in an early form for consultation in both Houses, which has led to a series of improvements. My noble friend the Minister has listened carefully, particularly on the question of secondary legislation, to ensure that as much of that as possible was addressed during the passage of the Bill. Indeed, it will continue to be so in another place.

This is an important Bill which provides the regulatory and legal framework now which will take the industry forward. However, none of us should be under any illusion—while we can provide the regulatory and legal framework—that we do not need to work closely with the private sector to make sure that this is a commercial success. Ultimately, these spaceports will require close co-operation between government and the private sector.

My noble friend has mentioned that I have been an advocate in part for a certain location in Scotland, which I think was her phrase. The House should be under no illusion whatever that that location is Prestwick Airport. It is head and shoulders the best airport to be licensed for spacecraft activities at the earliest possible stage in this country. This has been self-evident throughout our deliberations. All noble Lords will, of course, be welcome to the opening of Prestwick when it is finally licensed as the first spaceport in the United Kingdom.