Consumer Rights Bill

Lord Mendelsohn Excerpts

Wednesday 5th November 2014 Grand Committee

[Baroness Wilcox]

My Lords, I promise that this is my last intervention but I could not resist this one. Some years ago I was asked to chair a Select Committee on aircraft travel and health and deep vein thrombosis. It was an unusual piece of work because it was based on anecdotal evidence that people were coming off planes and were in hospital shortly after. It was unusual because most of the evidence that we took was from the general public, and we then got the reaction of the airlines, et cetera. So this is an area that I know very well indeed. As to whether it is relevant to this Bill right now I do not know, but at that time, the answer was that you could tell people that you had something wrong with you—the flu, or an allergy, although I am not sure that everybody thought so much about allergies in those days. There was great use of hyperfilters, which are still relied on. The air exchange is so quick and so localised to you that, generally speaking, you are safe because you are only within the range of one or two people. I advise the noble Baroness to get a copy of the Bill because it is quite possible, having listened to her today, that she might want to take this forward herself.

It was interesting to hear her speech. I have no doubt that the Minister has a wonderful answer, but as far as I know all the big airlines used the hyperfilter system and air exchange, which was so fast that it was pretty well the best they could do at the time. Things may have moved on since then. I do not know whether it is relevant to this Bill at this time, but it was excellent to hear the noble Baroness speaking about it. It is the first time I have had an exchange with her and I have enjoyed it, so thank you.

[Lord Mendelsohn (Lab)]

My Lords, I congratulate the noble Baroness, Lady Kennedy, on introducing this amendment and on her very thoughtful and persuasive speech.

I have an interest to declare. Two of my sons have severe nut allergies. I can still recall when the elder of the two suffered his first anaphylactic shock. He was almost five years-old and had never been diagnosed with an allergy. I think it is almost certainly the case that were it not for the fact that it occurred on a cruise liner with appropriately trained staff available and with the right supplies, our son would have died. My personal experience tells me how fortunate you can be.

The amendment does not ask airlines to guarantee a peanut-free or nut-free flight—no airline could or would ever give such a guarantee—but it does ask airlines to provide a reduction in the risks and to provide safe alternatives. The amendment addresses the key issue of the risk of a major incident on board, and what can be done to minimise that risk.

Let me set out the considerations and context for our views on this issue. First, this is an appropriate measure to be under consideration. We are, naturally, in favour of airlines being responsible and taking reasonable and proportionate steps to protect passengers. Secondly, we also consider that the amendment, while referring to allergies in general, is particularly focused on a distinct and significant area. Most allergic reactions present with mild or moderate symptoms. However, anaphylaxis is a severe allergic reaction that is potentially life-threatening. It is a medical emergency that requires immediate treatment, hospitalisation and observation for up to six hours.

Thirdly, there are very significant increases in diagnosed allergies and the trend line is continuing to rise. Surveys showed that an increase was initially seen in countries such as the UK, Europe and USA, but can now be found in all countries undergoing industrial development. The pattern of allergy is also changing and the distribution of those facing severe allergies is becoming increasingly widespread. I would be grateful if the Minister had some data she could share on the prevalence in the UK—especially in comparison with other OECD countries and how the Government project the likely incidence of such allergies and the trend line towards the future.

Fourthly, there is a clear and distinct problem with air travel. The very nature of the reaction and the treatment requirements mean that an anaphylactic incident is likely to cause a flight to change its route to meet the medical emergency. In the recent incident referred to by my noble friend Lady Kennedy, the flight to New Jersey was compelled to return to Dublin to ensure that proper medical attention was received. The elevated level of risk caused by being airborne means that air travel should be considered as distinct from other environments. I would be grateful if the Minister could provide us with any information the Government have on the number, severity and location of incidents; whether they have had any discussions with other countries on providing an exchange of information; and whether they have any information on the costs associated with plane diversions, or the department’s assessment of the performance of airlines in dealing with incidents.

Fifthly, there are risks that, while they can never be eliminated, could be managed better and where public policy expressed through legislation could help to encourage this. More can be done to ensure that allergy sufferers are not put at risk by particles, or even though the provision of food on the airline. Reasonable management measures and appropriate provision of meals and the like are deliverable. Providing obligations would mitigate the mistakes that can sometimes occur, both with ingredients and provision, in the way that airlines currently treat this condition.

Sixthly, the current advice and guidance places great burdens on passengers, who do have a responsibility—and I suspect that were it not for their vigilance we would be conscious of many more incidents. Advice and guidance are inconsistent between airlines and in particular in airlines’ implementation. There are a number of useful guidance notes and codes, but implementing simple data-capture arrangements, amending contracts with suppliers and introducing compliance checks within the existing oversight of food suppliers—as well as arranging for the effective management of the cabins and the provision of alternatives—seems to be proportionate, readily implementable and not highly fiscally challenging. The fact that some airlines do some of these things already would suggest that they are all able to do so. Can the Minister provide us with more details on how the airlines and her department view the deliverability and affordability of such changes?

I would also be grateful if the Minister could provide the department’s assessment of the guidance notes that are available and in use, and what evaluation or commentary there has been on their continuing practicality or previous effectiveness. Has the Minister’s department held any recent discussions on how they might be improved? What evidence have they received from third parties on their strengths and weaknesses?

Finally, there are already some moves towards legislation and regulation in other parts of the world. I understand that the US Department of Transportation started to look at banning nuts on planes in 2010 and has commissioned, or has called for, peer-reviewed scientific data on these matters. Have the Government discussed this with other international parties—specifically the US Department of Transportation—and have they independently sought and reviewed scientific data on these matters? Do they have any more thinking on the current position in America and on the current thinking of the Department of Transportation? In addition, the New Jersey Senate passed a resolution concerning nuts on planes. Has the Minister any information on the measures it has introduced and on any evaluation on their effectiveness?

It would also be very helpful to know what other authorities, experts and models the Government consider it would be appropriate to consider, and, in addition, whether such moves in countries where incidence is lower than our own is a strong indicator that action and acceptance of the amendment would be appropriate now.

[Baroness Neville-Rolfe]

My Lords, I, too, am grateful to the noble Baroness, Lady Kennedy, for raising this issue and for tabling the amendment. I am delighted to be able to welcome the noble Lord, Lord Mendelsohn, who I have known for some years, to his maiden contribution at the Dispatch Box, and thank him for bringing his expertise and family experience to this important debate on this very important subject. He is most welcome to our deliberations.

I am very sympathetic to the intention of the amendment in the name of the noble Baroness, Lady Kennedy, which seeks to relieve the suffering of those with allergies. As she said, allergic reactions can be very distressing to those who experience them, not least in the confines of an aircraft cabin, where it can be particularly scary. I know that no carrier would wish that to occur on its services. I am also grateful to the noble Baroness, Lady Wilcox, for sharing her experience on another troubling issue, deep vein thrombosis, and her knowledge of travel filters and air exchanges, which are an important technological part of the debate that we are having today.

I assure the Committee that industry practice is for carriers to request passengers to pre-notify prior to travel if they have any medical conditions, including allergies, and that most passengers do so. Most airlines will then take all reasonable measures to prevent passengers from having an allergic reaction while on board the aircraft. I know that, where given prior notice—and that is an important duty for us as passengers—airlines take steps, such as broadcasting requests to passengers not to eat nuts.

For some allergies, a carrier is unlikely to be able to guarantee an environment totally free of the trigger substance. For example, an aircraft may have been used by another carrier only hours previously, other passengers may bring their own food with them which can contain a trigger substance, or a passenger may be accompanied by an assistance dog, which may be a source of allergic reaction for some people.

I note that the amendment is specific both to airlines and to allergies. While I appreciate that there is a distinction, which the noble Lord has explained, the amendment would place a duty on airlines that is not placed on operators of any other modes of transport such as trains, ships, buses or taxis, or the airport operator responsible for the airport environment. However, there may well be steps that operators in those modes could take to reduce the risk of a person with an allergy having an attack during their journey. Furthermore, there may well be conditions other than allergies where an operator could take reasonable steps to reduce the risk of an attack during the journey—for example, photosensitive epilepsy. Moreover, the majority of airlines already do what the amendment would create a duty for them to do.

I am grateful to the noble Baroness for bringing this issue to our debate, but I do not think that we can justify the addition of this regulation to the Bill. I will ensure that the remarks made on the subject today are conveyed to my right honourable friend the Secretary of State for Transport, and that the points that have been made are considered. I shall also ask the department to pass the comments to British Airways because of the examples that she cited. I know from my own extensive experience of travelling that the company always seems very keen to provide a good service. As the noble Lord said, good management systems make a very big difference in these sorts of cases.

I was interested in the good practice outlined by the noble Baroness and, as I said, in the experiences of my noble friend Lady Wilcox, and in the international developments that have been mentioned, which I was not aware of. I also commend to the Committee the advice that the charity Anaphylaxis Action gives on its website to those with allergies when they travel by air. That advice includes stating their needs to carriers, discussing their proposed flight with their GP or specialist and, if concerned, taking their own food and medication, such as antihistamines or an adrenaline auto-injector, when they fly. In the circumstances, I ask the noble Baroness to withdraw the amendment.