Airports Slot Allocation (Alleviation of Usage Requirements) (No. 2) Regulations 2021

Lord Rosser Excerpts

Tuesday 19th October 2021 Grand Committee

[Lord Rosser (Lab)]

I too thank the Minister for her explanation of the content and purpose of this instrument, which comes into force at the end of this month. As has been said, in essence, the effect of this statutory instrument is further to suspend the usual rules that UK airport slots must be used for 80% of the time to minimum to avoid the airline concerned losing the slots for the following season. The suspension is due to the Covid-related reduction in air traffic.

The 80:20 rule was waived by EU legislation for the summer 2020 slot-scheduling season and for the winter 2020-21 season, and the Government put in place a similar waiver for the summer 2021 season, which runs until 30 October. In the light of current UK flight traffic levels, the Government now consider it necessary to provide continuing relief and amend the 80:20 rule to cover the winter 2021 season, which, as the Minister said, runs from 31 October this year to 26 March next year.

These regulations make three changes in relation to slots allocated for the winter 2021 season, as set out by the Minister in introducing this statutory instrument, including reducing the required percentage rate from 80% to 50%. The regulations also enable an air carrier to retain rights to a series of slots for the winter 2022 season, if it returns the complete slot series on or before 7 September 2021. Could the Government say how many and which air carriers—if the date was 7 September 2021—have exercised their rights under that part of the regulations?

Earlier this month, it was reported that while easyJet operated at 58% of its 2019 capacity during the summer months, that was expected to increase to 70% over the winter months. Do the Government regard 70% capacity over the winter months as a likely figure for industry-wide levels, and, if not, what capacity figure do the Government expect over the coming winter months? How confident are the Government that this will be the final suspension of the 80:20 rule due to the Covid-19-related reduction in air traffic? I take it that the answer is “not very confident” from a comment that the Minister made, I think, in relation to the summer of next year. If the Government are not confident, is consideration being given to lowering the 80% level at some stage, on a more permanent basis?

The Government’s Explanatory Memorandum states:

“The Department for Transport received 54 responses to the consultation from air carriers, airports, and trade and representative bodies.”


Since it is not clear from the EM, how many of those responses supported all three of the changes made by these regulations, as set out by the Minister, in relation to slots allocated for the winter 2021 scheduling period? Since it is not clear from the EM how many of those responses supported all three, could the Government now provide that figure? I await the Government’s response.