Brexit: British Airlines
Lord Rotherwick Excerpts(5 years, 9 months ago)
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Baroness Sugg
I was wondering how that would come back to air freight. The noble Lord is right that we are considering air freight as part of our plans to ensure that we have vital medicines. Some medicines with very short half-lives will need to be carried by air freight and the Department of Health is working to ensure that that happens. The decision on the £33 million was made to guarantee that we will be able to carry essential medicines in the event of no deal.
Lord Rotherwick (Con)
My Lords, what will be the situation for UK private pilots, of which I am one—
Baroness Sugg
For general aviation pilots, the UK will remain a signatory to the Convention on International Civil Aviation after EU exit. UK-registered aircraft will still be entitled to fly under the rights established by it. EASA licences, which many pilots hold, will continue to be recognised by the CAA.
Aviation: Regulatory Burden
Lord Rotherwick Excerpts(10 years, 11 months ago)
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Lord Rotherwick
To ask Her Majesty’s Government what steps they intend to take to reduce regulatory burdens relating to general aviation.
Lord Rotherwick (Con)
My Lords, I am most grateful to those noble Lords taking part in this debate today and for this timely opportunity to draw to your attention some important developments in UK general aviation. GA involves far more aircraft and perhaps twice as many flights per annum as does commercial air transport. These are small aircraft in the main but there are significant gains in terms of economic and social benefit. If we effectively encourage the GA community there could be far more gains. An appropriate regulatory environment is fundamental to this.
Last year, a particularly successful effort was made in the aviation red tape challenge, the RTC. For reinvigorating and driving through this endeavour, I offer my thanks and congratulations to the work of my right honourable friend the Minister without Portfolio, Grant Shapps, and the chief executive at the UK Civil Aviation Authority, Andrew Haines.
I am a private pilot and have fully declared my interests in aviation. The General Aviation Alliance, of which I am vice-president, is an important grouping of GA voluntary organisations. It represents, particularly, sports recreation aviation, which includes parachuting, hang-gliding, gliding, ballooning, plus sports and recreation flying in light and microlight aircraft and helicopters. The GA Alliance represents some 72,000 members, including the operators of around 60% of the UK’s registered aircraft fleet, and perhaps 70% of the total fleet.
The GA Alliance engages with the Government, the CAA and other bodies on regulatory matters concerning aviation. Last year there was a strong response to the aviation RTC, identifying many instances of unnecessary restrictions of gold-plated regulations. The CAA, as the UK’s national aviation regulator, had the task of processing this input. To give it credit, its response was generally strong and well considered. It consisted of a document entitled CAP 1123, describing a strategy for improvement. One key change is the setting up of a GA unit within the CAA, recognising the interests of that community and how different it is from the airline focus. I welcome this unit. The GA Alliance now looks forward to an early dialogue and consultation on the promised full reform programme for the sports and recreation sector.
The CAA’s response highlights two guiding principles within a more proportionate, risk-based regulatory regime. I welcome these principles and urge the CAA to hold firmly to them, although I wish to highlight the need to fully evaluate the consequences in consultations with stakeholders.
The CAA’s first principle is to deregulate wherever possible. This contains three aspirations which I strongly support. First, the removal of CAA oversight rule making in areas where the UK has no specific EU obligation. Secondly, identification of areas that could be removed from EASA oversight, primarily those that are nationally based and where previous self-regulation regimes had good safety records—for example, gliding and ballooning. Finally, the CAA wishes to take an evidence and risk-based approach proportionate to the risk appetite of participants. An informed consent concept will move the onus on to participants to demonstrate their awareness of the risks involved in GA activities. To be effective this initiative must reduce opportunities for speculative litigation. At present aviation associations are the targets of litigants seeking damages for unfortunate events that were outside their control.
The CAA’s second principle will maximise delegation of regulatory activities,
“to the extent that industry appetite and competence and resilience are the only constraints”.
The CAA would necessarily retain overall accountability but responsibility for delivery of regulation would be delegated to so-called qualified entities. These might be commercial or they could indeed be the existing GA associations. For example, the Light Aircraft Association—the LAA—of which I am a director, as is my noble friend Lord Goschen, holds an approval to regulate the airworthiness of several thousand aircraft on behalf of the CAA. Interestingly, the CAA charges this association for the privilege of carrying out this work.
I want to see delegation possibilities considered across the entire sports and recreation sector, ranging from CAA oversight through delegated accountability to full delegation where a competent body is available. The GAA’s member associations are mature national bodies with effective governance, run on behalf of their members. They are not commercial organisations and will be concerned by the entry of commercial qualified entries into their sector. Such competitive positioning would inevitably seek to cherry pick the best business opportunities while leaving the less lucrative activities to the associations. This would not promote the social or economic benefits that I referred to. In a worst case scenario, capable voluntary organisations might be damaged to the point of liquidation.
I have expanded on the two principles at some length but CAP 1123 also identifies other general areas raised by the RTC. I found the general tone of the CAA and the Department for Transport helpful and flexible, but I also noted how responses sometimes only reiterate the current approach. In two key areas, further change is needed. First, CAA fees and charges are annually brought before its influential Finance Advisory Committee, which has long been dominated by commercial interests. CAP 1123 merely reiterates this status quo without an apparent intent to promote fair stakeholder representation. Better pre-discussion with GA and a wider consideration of CAA costs and their proportionate allocation are essential.
Secondly, I must mention airspace, the allocation of which is a key CAA function. The ever expanding UK controlled airspace is a major concern because it increasingly excludes light aircraft from large areas of our country. Sadly, there is not the time today to discuss the details of this complex issue.
Finally, I should mention implementation. The CAA’s response is strong on announcement and intent but, for real success, it also needs outstanding implementation, including consultation with stakeholders. Currently there is a mechanism—the challenge panel—involving GA experts selected to help the Department for Transport and the CAA to move forward. Timescales for this process are short, and I am concerned that it may run out of time before enough has been achieved.
All parties need clarity on the likely “steady state” shape of regulation in 12 to 18 months’ time. This is essential, as much work will be required from organisations using volunteer resources. Partnership mechanisms must now be established to achieve effective and sustainable change. A dynamic and expanding GA sector can nurture new opportunities and jobs across the country, from a reinvigorated flight training industry, through aircraft manufacturing, to the many professions and industries needed to support thousands of light aircraft.
Overregulation has been one of the main problems faced by general aviation in the UK. It is good that this is now being vigorously addressed. This is a once-in-a-lifetime opportunity; we cannot allow it to fail.
Airports: Heathrow
Lord Rotherwick Excerpts(11 years, 10 months ago)
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Earl Attlee
My Lords, I understand noble Lords’ passion about the problem with Heathrow, but we must also recognise that there are over 200,000 people around Heathrow adversely affected by the noise of airport operations.
Lord Rotherwick
My Lords, although people are saying that Heathrow is full up, nearly saturated or working at 98% capacity, is it not true that that in reality is in good weather? During bad weather when the time between landings is extended significantly, considerable delay is caused. It really is time that we should respond to this because it is totally detrimental to the UK that other nations should see that we are incapable of operating an efficient transport system.
Earl Attlee
My Lords, I believe that we are responding and that we have handled the bad weather better by proactively cancelling flights in advance in order to reduce the activity at the airport so that the runways can be cleared. It is interesting that at Gatwick, which does not run at 100% capacity, it is much easier to keep the runways clear. Gatwick has the time to do it without having to cancel aircraft.
Civil Aviation Bill
Lord Rotherwick Excerpts(12 years, 1 month ago)
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Lord Rotherwick
My Lords, I support the Minister in his amendments. Although one might be seduced into agreeing with the amendments of the noble Lord, Lord Davies, there is a balance to be found here. It is interesting to note what has happened when past Governments have overregulated, or put in place harsher regulation than their competitors. One has only to look to the agricultural sector to see what happened to our pig industry and our veal industry: they went abroad. We are not doing our environment any favours. The carbon footprint will just move from our shores to our competitors.
Baroness McIntosh of Hudnall
My Lords, I add my gratitude to that expressed by various Members of this House for the movement that the noble Earl has made in respect of environmental regulation. But I want to pick up the point that was made by the noble Earl, Lord Cathcart, who focused on the word “duty”. My recollection of what the noble Earl said when moving his amendment was that he used the word “duty” in relation to what he anticipated would be the effect of the amendment. Can he either correct me in the impression that I have formed, or when he comes to sum up, explain how the desirability of these environmental matters can actually be enforced by the regulator? To those of us who do not have direct experience of how regulation actually operates, this feels like warm words with not quite enough behind them. I say that without wishing in any way to undervalue the contribution that the Minister has made in going as far as he has.
Lord Rotherwick
Lord Rotherwick
My Lords, I shall speak also to Amendment 10 and to Amendment 11, which seeks to add a new clause after Clause 2. Together these three amendments cover the first point of principle that I wish to address at this stage of the Bill. I have given notice to the Government that I wish to decouple my Amendments 23, 26, 28 and 29, to which I intend to speak later.
First, I again declare my interest as an aircraft owner and pilot. Secondly, I declare an interest as a director of the Light Aircraft Association, the UK body which serves the interests of sports and recreational powered flying in the UK, and as vice-president of the General Aviation Alliance, a body that was formed to co-ordinate the regulatory interests of various UK aviation associations representing pilots, aircraft owners and operators in the general and business aviation—GBA—sector.
I am sorry that I have to return to this important subject at this stage of the Bill. I am grateful to my noble friend the Minister for his time and attention since the Bill was considered in Committee, but I have to say to the House that I am not fully persuaded that the Government have entirely grasped the point that I and the vast community of the GBA pilots, owners and operators are trying to make. I shall be moving three groups of amendments today, all of which address aspects of the Bill and its implications which are of vital concern to the GBA community.
Let me preface my more detailed points in respect of those amendments by saying that this Bill is not what we had hoped for. It is a missed opportunity and it is regrettable. The opportunity to reconsider by way of legislation the strategic and regulatory approach to civil aviation, and the GBA sector in particular, has not arisen for decades. The way has been prepared. There have been reviews and reports and the role and functions of the Secretary of State and the CAA have been examined in depth. All of that work seems destined to gather dust. Is that too harsh a criticism? The legislative opportunity will not arise again for many years, I suspect, and this Bill does not provide the scope for the changes that the GBA sector feels is necessary. The CAA initiatives that led to the strategic and regulatory reviews of 2006 demonstrate that the CAA and the Department of Transport have made progress in their relations with the GBA sector. Those reviews were very much a consultation exercise. But listening is one thing; acting is entirely another.
I shall not detain the House with a summary of those reviews and reports, many of which were touched on in Grand Committee. However, I would mention just one which has only recently been published, the European General Aviation Safety Strategy. That was prepared by a group appointed to consider a request from the European Aviation Safety Agency—EASA—management board in March 2012 to produce a summary of proposed principles and guidelines to inform the future regulation of general aviation—or general and business aviation as we term it—in Europe. In meeting its remit, that group encountered exactly the same problems that I have with the Bill; namely, its restricted scope. That group, however, took a bold step and widened its view.
I commend to my noble friend this broader and bolder approach and I commend to him and to the House the report and its contents and conclusions. The European General Aviation Safety Strategy identifies key rationales that make it necessary and possible to adopt a specific new approach for GBA. The report concludes that this new approach is an urgent necessity in order to ensure a sustainable development for GBA in Europe and avert a dramatic loss of activity as a result of overregulation. The report affirms that GBA is essential to European excellence in aeronautics and contributes to the current strength of major European airlines and aircraft manufacturers. Yet, in this country, the comprehensive new framework that we had hoped for to replace the outdated Civil Aviation Act 1982 has not been presented to us.
I remind my noble friend of the resolution of the European Union Parliament, EC2008/2134, which I commended to him when my previous attempts to construct a suitable legislative basis for the promotion of GBA were found wanting. This resolution calls upon member states to adopt policies promoting growth and sustainability in GBA. My noble friend assured me—at col. GC 143 of Hansard of 27 June 2012—that he would ask for briefing on the resolution. I look forward to him informing the House how it is that the Government intend to respond to that resolution. Has my noble friend been able to hold discussions with the new Minister of State which he gave an undertaking to do at the Committee stage?
My first point of principle is that GBA comprises 96% of UK aviation. My noble friend recognised in Committee the economic and wider importance of the sector. The European report confirms its importance, yet this Bill ignores GBA. It goes no further than the economic regulation of major airports and placing new duties on the CAA in respect of airline passengers and owners of air cargo. Who then is to promote and to protect the interests of GBA? Who will demonstrate to Europe that the UK is open for aviation business in all its forms?
Lord Rotherwick
My Lords, I thank my noble friend for fully addressing my amendments—obviously, nowhere near to my satisfaction. I also thank the noble Lord, Lord Davies, for his remarks and for recognising that I have taken this a “notch higher”—which would have been a better way for me to put it. I hope that my noble friend the Minister will consider addressing my concerns favourably in future legislation. Indeed, I shall remind him of this moment if we are so lucky as to see future legislation which will help us. I was interested that he acknowledged that general and business aviation is a user of dominant airports. It saddens me to think that there is nothing to protect GBA from being just the poor cousins.
Finally, I thank my noble friend for his sterling efforts in bringing my concerns to the attention of the Minister of State. I beg leave to withdraw the amendment.
Lord Rotherwick
“( ) the arrival or departure of pilots and persons to be carried as passengers in general and business aviation aircraft, together with their baggage”.
Lord Rotherwick
My Lords, by decoupling my earlier amendments I appreciate that the Minister may have addressed, in part, some of the remarks I am about to make, through no fault of his own. This group of amendments addresses the second issue of principle and policy I wish to raise with the Minister; he will see that I made this point at an earlier stage in the Bill. It concerns the continued availability and improvement of services for GBA at UK airfields. The GBA community comprises civil aviation operations other than commercial air transport flights operating to a schedule. It represents a multi-billion pound industry in the UK, from executive business jets to flying training, air ambulances, private aircraft operators and pilots.
The Minister helpfully expanded on that generalisation by referring to important GBA services such as search and rescue, mail delivery, life-saving organ transport, law enforcement, aerial survey and environmental protection flights, and the training of future pilots. He also mentioned its growing economic importance for the European manufacturing industry, as stated in Hansard on 29 June 2012 at col. GC144. This recognition of the importance of the sector in the European context was recently enforced by the report to EASA to which I referred earlier.
A 2009 study by PricewaterhouseCoopers reported that only 4% of the 27,000 aircraft registered in the UK were commercial air transport aircraft. As I said before, therefore, we have a Bill before us which ignores 96% of UK registered aircraft and restricts itself to the regulation of those few airports which enjoy a dominant market position. It does not address the needs or interest of the GBA community, or make any attempt to regulate the activities of the majority of airports on which this important sector depends. Sadly, GBA users are increasingly neglected and, at worst, discriminated against, by operators of airports serving predominantly commercial aviation—the sort of airports this Bill is concerned with.
Other threats to the future of GBA arise from the growing pressures on infrastructure, the loss of airfields to development and a regulatory environment which fails to recognise the nature of GBA in formulating policy. If the regulation of airport facilities is framed for the benefit of the air transport user, as it is in this Bill, the inevitable consequences will be creeping marginalisation of other sectors of civil aviation—the GBA. This trend is already evident. I travel wildly as a private pilot—sorry, widely, not wildly; I am glad to say that my flying sometimes is up to scratch—and I find that the provision for GBA in many other countries put ours to shame. The key outstanding issue in respect of a network of airfields is at least considered in the draft aviation policy framework, although access to airfields is as yet unaddressed.
Although I detected an inclination to progress on the part of the Government and the CAA, I tabled amendments in an attempt to speed the process, to protect GBA and to ensure that this important sector can continue to use our major airports. I hope that in his response the Minister will not only acknowledge that there is a problem but set out how the Government intend to respond to it.
I am mindful that when I made a similar point in Grand Committee, the Minister felt that my amendments were deficient because they failed to provide a definition and description of what was meant by general and business aviation. This time I have adopted a different approach and defined GBA in Clauses 66 and 68 as users of airport operation services. I have also added a definition to Schedule 7.
I recognise that my amendments may yet again have been imperfectly formulated by my team to secure the changes for which I argue. That is in part because the Bill is so narrowly constructed as to exclude consideration of the wider issues that are of such concern across Europe. These deficiencies could be easily remedied if the Minister were to accept the principles behind the amendments and work with me and my advisers in GBA to construct something that would secure what we both wish to see—a wish he articulated in addressing my earlier amendments—namely, a vibrant, energetic and successful GBA sector, thriving with the support of the Government and making a full and growing contribution to the UK’s economy. I beg to move.
Earl Attlee
My Lords, I recognise that the amendments in this group propose to make further, explicit provisions for general and business aviation in Part 1 of the Bill. I certainly agree with my noble friend that we need a vibrant and successful GBA sector.
In debating my noble friend’s previous amendment, we discussed at length the reasons why it is not appropriate to amend Part 1 of the Bill—which covers the economic regulation of our major airports—to make explicit provisions for general and business aviation. I therefore propose that for the rest of the speech I will address just the specific effect of this group of amendments—although I will read Hansard carefully to digest fully the comments of my noble friend.
Amendments 23 and 26, in Clauses 66 and 68 respectively, look to expand the definition of “airport” and “airport operation services” to cover the arrival and departure of pilots and persons to be carried as passengers in general and business aviation aircraft. The two amendments are ultimately unnecessary. The clauses already cover persons to be carried as passengers—and, as I explained, they already extend to passengers carried by general and business aviation because of Clause 69. Finally, I believe the intention of Amendment 28 is to provide some clarity on what is meant by “user” in its new capacity of referring to users of airport operation services. My noble friend also touched on airfields. The House will recall that I covered that important issue when debating my noble friend’s previous amendment.
I return to the definition of “user”. This is understandably modelled on the definition of “user of air transport service” in Clause 67. However, regrettably, the amendment fails to provide the intended clarity. It clearly sets out the types of user in relation to airport operation services provided for general and business aviation, but does not do so for non-general and non-business aviation. It is unclear why this definition is necessary without the previous group of amendments, which were withdrawn or not moved earlier. If that group of amendments had been agreed, the failure to define “general and business aviation” would have created a risk that these amendments could have the effect of imposing some form of duty to further the interests of all commercial airlines. As noble Lords will recall, the Government are firmly of the view that the new framework should be focused on promoting the interests of passengers and cargo owners.
Noble Lords will be aware from experience that there are circumstances that can arise where airlines’ interests conflict with those of passengers. For example, it may not be in the interests of airlines for the airport to provide adequate refreshment facilities in the terminal building, because airlines can profit from food and drinks purchased on board the aircraft. Therefore, I cannot accept these amendments, which clearly conflict with our policy aim of putting passengers and cargo owners first. That is the policy that the Bill promotes.
As with the previous group of amendments tabled by my noble friend, these amendments are unlikely to deliver the desired benefits. They will confuse the purpose of the Bill and create several unintended consequences. I therefore ask my noble friend to withdraw Amendment 23.
Lord Rotherwick
I apologise again for wrong-footing the Minister by decoupling this amendment. It obviously caused some confusion in his answer to this rather technical amendment. I will read Hansard carefully and hope that he will be sympathetic if I come back to him for a meeting on this at a later date. In the mean time, I beg leave to withdraw the amendment.
Lord Rotherwick
Lord Rotherwick
My Lords, Amendments 63 and 64 address the third and final point of principle I wish to pursue with my noble friend the Minister.
I regret the need to return to the House with concerns over Clause 102. My noble friend the Minister helpfully invited me and my advisers to the meeting he chaired with CAA and Department for Transport officials. We were able to voice the very deep concerns in the GBA community over the nature and scope of the change that this clause would bring about and our concerns over the way in which this new activity would be administered.
The further information I was expecting by Report stage, with regard to making claims for prosecution costs in respect of civil penalties and what would happen to any such amounts, has not been forthcoming, nor has any further information emerged about the process by which the range of offences to be dealt with under the new powers are to be selected. This does nothing to lessen my concerns and I hope that my noble friend will be able to provide that information in his response.
Clause 102 of the Bill amends Schedules 5 and 7 to the Regulatory Enforcement and Sanctions Act 2008. It adds the CAA to the list of 27 “designated regulators” that may be empowered by order to issue fixed penalty tickets. It adds to the existing list of 45 regulatory provisions contained therein a 46th, which includes Section 61 of the Civil Aviation Act 1982. The effect of this is to bring Section 61 of the Civil Aviation Act within the scope of the powers of the Secretary of State under Section 36 of the Regulatory Enforcement and Sanctions Act 2008 and allow him to make an order empowering the CAA to issue fixed-penalty notices in the same way that the police do for alleged Road Traffic Act offences.
Section 61 of the Civil Aviation Act is the enabling provision covering the Air Navigation Order. The ANO is a complex document of some 500 pages, detailing thousands of legal requirements for technical and operational matters, such as record-keeping, pilot and aircraft licensing, the rules of the air, aircraft airworthiness and the equipment to be carried on an aircraft.
So we know what Clause 102 will do, but we do not know why. We remain unenlightened as to the justification for this change or the benefits or costs associated with it. We can only infer that the change is proposed because existing sanctions are inadequate and these new sanctions will achieve an improvement in compliance that cannot be secured through existing powers.
In the interests of good government, one would assume that the public good to flow from the exercise of these new powers will bring a benefit to the UK that will exceed the cost of introducing and exercising them. But neither the Department for Transport nor the CAA has made any attempt to quantify the costs or benefits. We are told that they will not do so until after the Bill has passed, the powers have been granted and they have prepared the order implementing the scheme. So perhaps the monetised costs and benefits are outweighed by the public good that will result. The Government’s own published papers say that the main non-monetised benefit,
“is the potential for increased compliance with certain areas of aviation regulation and therefore better protection of passengers and a more level playing field for businesses”.
However, there is no information on the extent of the potential increase in compliance or an identification of the certain areas of regulation.
It is no good for the justification for these powers to be obscured in this way. If there is a reason, it should be made clear so that the House may consider the powers. What compelling reason is there? What improvement in compliance is expected to be achieved? What areas of aviation regulation are failing at present? If we are not persuaded, I may urge noble Lords to support the amendment.
At present, UK aviation, especially GBA, operates in what is described as an open reporting safety culture. The vast majority of pilots, aircraft operators and engineers take their legal responsibilities for flight safety and airworthiness very seriously. There are successful and well supported systems for the voluntary reporting of near misses and general safety occurrences. That takes place in the light of the existing range of prosecution powers, which are used by the CAA where it has evidence to support its case. I understand that in the four years to March 2008 the CAA prosecuted 119 cases of breaches against aviation legislation. This hardly suggests a compliance deficit, given the enormous range of activities. The CAA policy on prosecuting correctly takes account of the fact that the present collaborative approach, where individuals and organisations are free to share information and concerns with the regulator, is more beneficial to safety for the vast majority of people. That valuable safety culture may be undone if the CAA were able automatically to issue fixed penalties. I say that in respect of alleged offences. This may change the relationship between pilots, operators and service providers. If a “no blame” open reporting culture were replaced with prosecution as an administrative commonplace, all the good work built up over decades would be squandered.
The introduction of fixed penalty procedures would also shift the burden of proof. The recipient of a penalty notice would be faced with the alternative of paying up or challenging the ticket in the courts. I am deeply concerned about the financial aspects of this. The penalties imposed under this system will flow to the Treasury. Clause 102 allows the Secretary of State to empower the CAA to recover the costs associated with the fixed penalty ticket system. Therefore, the CAA will be able to launch a new regulatory operation to recover the costs from those it penalises. What incentive does this provide for the CAA to exercise this new function correctly? I was expecting further information on this and it is yet to appear.
We run the risk that our open reporting culture will be fatally damaged, which will work against the interests of increased flight safety. The CAA has adequate penalties and powers of prosecution at its disposal, which it uses wisely and sparingly. No case has been made to the GBA community and no consultation undertaken to back this change. The Bill was consulted on, but inadequately so in respect of the detailed implications and impact that this clause would have on the aviation community. At the very least I would expect my noble friend the Minister, when he winds up on this group of amendments, to provide an assurance that the GBA community will be consulted in detail on the proposed scope and operation of any civil penalty scheme.
I say to my noble friend the Minister that the present arrangements in respect of enforcement of the ANO are working well and with the active consent and participation of the aviation community. We should continue to develop that spirit of co-operation which has achieved so much over the years. My amendment to strike out Section 61 from Clause 102(3) will achieve that. I beg to move.
Earl Attlee
My Lords, while I fully appreciate my noble friend’s concerns in respect of the general and business aviation sector, and the effect on that sector of allowing the CAA to make use of alternative civil sanctions in enforcing offences under an air navigation order, I oppose this amendment because it dilutes the intention of Clause 102.
Noble Lords may recall that my noble friend tabled, and this House debated, an identical amendment in Grand Committee before it was withdrawn, and there is more or less only one way for my noble friend to achieve his objectives. Before turning to the detail of the points made by my noble friend on this amendment, it is important to emphasise the purpose and importance of the clause this amendment seeks to alter.
Clause 102 amends Part 3 of the Regulatory Enforcement and Sanctions Act 2008 to enable the Secretary of State to make an order conferring on the CAA the power to make use of civil sanctions where it currently relies almost exclusively on criminal prosecutions. We believe that criminal sanctions are disproportionate in relation to some offences, such as minor breaches or offences of an administrative nature, especially when it comes to a normally diligent and conscientious person.
For example, the CAA has an enforcement function in respect of a number of offences using criminal sanctions which entail liability to a summary conviction and a fine. These include failing to return a certificate of registration to the CAA; failing to preserve a log book; failing to keep a personal flying log book; or failing to carry when in flight documents such as the licences of the flight crew of an aircraft or the certificate of registration in force for the aircraft. Another example is where an organisation does not hold an air travel organisers licence when it is required to do so—in other words when it is trading without the necessary licence. Should a person fail to comply with such a requirement, a civil sanction might well be considered to be a more appropriate enforcement action than criminal prosecution.
Providing the CAA with powers to address non-compliance using civil sanctions would help to reduce the risk of a compliance deficit where such offences might on occasion not be prosecuted at all because on the facts a criminal prosecution was considered disproportionate to the breach, excessively time consuming or expensive. However, my noble friend should be aware that the criminal standard of proof still applies. It needs to be more than just an alleged offence.
The purpose of providing the CAA with a range of additional enforcement tools as an alternative to a criminal prosecution is to allow more graduated and flexible enforcement. For example, some of the civil sanctions available under RESA are variable monetary penalties of an amount to be determined by the regulator; compliance notices containing a requirement to take specified steps to ensure an offence does not continue or happen again; and enforcement undertakings where a person may volunteer a resolution by giving an undertaking to take one or more corrective actions.
Clause 102 enables the Secretary of State to confer civil sanctioning powers on the CAA in respect of offences under primary legislation and extends certain powers of the Secretary of State in the Civil Aviation Act 1982 to make criminal offences by secondary legislation. These include the power of the Secretary of State in Section 61 to create criminal offences under an air navigation order. Such orders set the rules, which the CAA largely enforces, that regulate air navigation in the UK. Conferring RESA civil sanctioning powers on the CAA in respect of offences under an air navigation order would require secondary legislation to be laid before Parliament.
Moreover, the instrument would be subject to full consultation and impact assessment, providing an opportunity for all interested parties to make their views known. We fully intend to write to stakeholders, including those in general aviation, informing them of the consultations in ample time to brief their members to involve themselves. We will involve as many individuals and groups as general aviation stakeholders bring to our attention.
The amendment would deprive the CAA of the use of civil sanctions in respect of offences in an air navigation order. This would significantly dilute the intended purpose of Clause 102 to allow the CAA to make use of alternative civil sanctions. My noble friend referred to the complexity of the ANO, but regretfully there are several regulations that are very complicated. I am interested in the ones on road vehicles, and the construction and use regulations are extremely complicated—and, in addition, refer to other European regulations and directives as well.
The inclusion of Section 61 of the 1982 Act is of central importance, as it will enable the Civil Aviation Authority to use civil sanctions in respect of offences in the air navigation order, which is the most significant instrument for the regulation of air navigation in the UK. Concerns have been expressed during the passage of the Bill as to CAA’s use of civil sanctioning powers. RESA contains a number of safeguards to this effect. For example, before making any order, the Minister must be satisfied that the regulator will carry out its activities in a way that is transparent, accountable, proportionate, consistent and targeted only at cases where action is needed. Prior to exercising any civil sanctioning powers, the CAA is required to consult on and publish detailed guidance on its use of civil sanctions and enforcement of particular offences. For these reasons, I hope that my noble friend will consider withdrawing his amendment.
Lord Rotherwick
My Lords, I thank my noble friend for his words and reiterate that I tabled these amendments owing to the uncertainty and concerns about Section 61 in Clause 102(3) that were caused in the GBA community. The Minister’s remarks are helpful and I thank him for them and look forward to reading them in Hansard tomorrow. I beg leave to withdraw the amendment.
Civil Aviation Bill
Lord Rotherwick Excerpts(12 years, 5 months ago)
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Lord Davies of Oldham
My Lords, this is a probing amendment with a proposed new clause because we could not think where else to put it in the Bill. It raises a very important topic, to which I hope the Minister will respond in his customary constructive fashion by assuring the Committee that the Government have thought through this issue and, in so far as the Bill can assist in tackling it, are already doing so—unless by some remarkable occurrence, and in the unlikely expectation, the Minister accepts my proposed new clause.
We have proposed this new clause in Amendment 69A in order to probe the Government and to have a debate about one of the most significant challenges facing the aviation industry in the future and the need for the CAA to play its part. It is clear that the whole concept of the Bill is to establish a new position for the CAA and to update the provisions governing it, but one of the great challenges for the aviation industry is obvious, and that is that the British Government have subscribed to very significant and challenging carbon targets for the years leading up to 2050. We believe that aviation emissions must be included in these targets. Aviation emissions are already subject to carbon caps as a result of being included in the EU emissions trading directive, but I want to broaden the debate to consider the obligations of the industry against the whole background of carbon emissions.
In order to reduce emissions in the industry and to serve the needs of businesses and members of the public who wish to fly it is clear that there needs to be innovation in the construction of aircraft, so that we can meet what we all appreciate is a very significant demand for air travel, which no Member of the Committee expects to reduce significantly in the future. We all know the hopes that are expressed about developments such as high-speed rail—that they will lead to a reduction in short-haul flying—but that may not do much more than mitigate the increase that is likely to occur as people, in due course, want to spend their income on travel.
As for the industry, even if high-speed rail plays a part in replacing short-haul flights, nothing can take the place of long and medium-range flights. Only aircraft can provide that kind of travel in the timescale needed. We are all aware that the vast majority of vessels that carry passengers do so without regard to time: they are predominately cruise ships used for leisure, so the time constraint is not so acute. It must be several decades since the last passenger went on a vessel over a long distance to conduct business, except for those exceptional people who will never fly. The way to get about over long distances, clearly, is by air and not by sea.
Of course, the aviation industry has a major future. Another great innovation which I am sure others will bring to the Minister’s attention, if I do not, is the increase in global communications, the sophistication of conference facilities and so on. It leads to the potential obviation of people having to travel for business if they can conduct it just as well through effective long-range communication. I have to say that I participated in one of the first such ventures, which consisted of a link between the United Kingdom, Japan and the United States. Whenever Japan could hear the United States it could not hear Britain; and whenever Britain could hear Japan it could not hear the United States. The United States did not succeed in hearing anybody. It was a difficult exercise but I am talking about several decades ago. We all know how sophisticated human communication can be now. One dimension of the financial anxieties that we all have is the extraordinary speed within which very complex, staggeringly high-value financial communications are effected in fractions of a second. But conferencing of that kind will always have its limitations and people will still need to travel for face-to-face meetings.
There is a challenge to the industry. If the demand is there and the industry is the only way of meeting that demand, it has to have severe targets to reduce carbon emissions, which must mean that new aircraft engine designs and fuels will play an increasingly important part. This might seem a long way from the CAA but it sits on the European Aviation Safety Agency and has a role to play in implementing UK policy on the performance of aircraft. I would not decry the innovations that are already being introduced. Thomsons Airways, for example, operated passenger flights using a B757 aircraft that was filled with a 50% blend of EASA-specification bio-derived jet fuel. It went from Birmingham to Lanzarotte in the Canary Isles and was satisfactory. The bio component was derived from waste cooking oil. Owing to differences in the manufacture and supply process of these fuels compared with normal refining production, care was required to ensure that the fuel delivered to the aircraft was traceable and fit for use. That was ensured in this trial. Further use of biofuel is planned by this airline as wider availability of bio-derived jet fuel permits. That flight was overseen by the CAA’s flight operations inspectorate.
Biofuels are only one option. There are also likely to be developments in the use of fuel cells and hybrid electric engines. The motorcar may have blazed an interesting trail—a reduced carbon trail, I hasten to add. The car industry has done that and aircraft engines may follow. On this important issue of the development of aircraft engines, I want the Minister to say that the Bill will ensure that the CAA will play its full role in innovation. We know the great emphasis that has been placed on quiet aircraft and are aware that heavier and bigger aircraft are quieter than lighter and smaller aircraft were in the past. This is an issue beyond quietness; it is about the whole future of the development of carbon emissions.
The CAA is also the economic regulator of NATS. It has already been proven that significant improvements can be made by air traffic control to increase the efficiency of the aviation sector. Innovations in technology can allow much more efficient flight paths to be taken and other improvements such as continuous rather than stepped descents. If we can use our airspace more intelligently through technological developments so that aircraft have continuous descent approaches, therefore using a much smoother glide path and much less fuel than with the traditional stepped approach, that will be of great benefit in reducing aircraft emissions. NATS has its role to play as well.
The Minister was kind enough, before we began the Bill, to give us the opportunity to meet several informed individuals, specialists, to tell us what possibilities exist in the area. I just want the Minister to confirm that the Bill guarantees that the CAA and NATS can play their full part in technological improvements so that we can still meet the demand for aviation and ensure that the industry has a thriving future while meeting the necessary carbon targets which the Minister has embraced. I beg to move.
Lord Rotherwick
I am rather seduced by the amendment of the noble Lord, Lord Davies, which produces a duty to promote innovation. I very much welcome the brief from the director of airspace policy, Mark Swan, on innovation, as referred to by the noble Lord, Lord Davies, on continuous climb, and so on. Of course, that falls far short of innovation in general and business aviation. You have only to compare the UK to the US to see that we are lagging far behind. We are only a small aviation sector in general and business aviation compared to America and we need a champion to push such things.
For example, we have very few global positioning satellite approaches. They rely on a satellite, not ground-based, last century technical devices that cost a lot to administer. The answer that we are given at the moment is that it is up to the airports to ask for them, but the truth is that it is very expensive to implement. America has a GPS approach for every airport. They are wonderful. You can have dog legs on them, which means that you can fly around communities, lowering the noise, and do all sorts of things. You can have an instrument approach from both ends of your airport, not just the published plate for an NDB on one end.
More than that, the technology is now available to have WAAS approaches—wide area augmentation systems. These are ground-based devices—I believe that there are two or three in America—that up the accuracy of the GPS signal and allow the approach to be made to the accuracy that we are used to with an ILS—an instrument landing system. Again, it does away with expensive ground-based technology. They are very important. Imagine when you fly into a third world country and rely on maintenance by that country of its instrument landing systems, you are sitting in your seat wondering whether that third world country can carry that out. There is no worry if you are using a satellite-based system run by the US.
I am seduced by the duty to promote innovation but at the same time, if this is implemented or written into the Bill, it should come with a caution: “with due regard to the cost to general and business aviation”. The example is the mode S transponder that was brought in recently, for which the lower end of the industry had great difficulty grasping the need. I believe that it was necessary; there were good examples like being able to fly abroad or into certain air spaces. The industry is now beginning to grasp that and take it on. The transponder was needed but was badly sold to the industry, and it cost each and every plane owner quite a lot of money to implement the new equipment. Once again, I thank the noble Lord for his amendment; I think it is a good one.
Lord Soley
I do not wish to delay the Committee for very long because my noble friend Lord Davies and the noble Lord, Lord Rotherwick, have covered a number of the points that I would otherwise have made.
We sometimes think, as the noble Lord has indicated, that this must always involve a cost of some sort to the airlines or other people on the sites. In fact, in the car industry there are some recent examples that might benefit the aviation industry. For example, we have a lower car tax rate, and indeed lower insurance policies, for cars that are fuel-efficient. That policy was brought in by the previous Government but is fully supported by this one. I am not sure that we could not have a policy, or that the CAA could not at least encourage one, where our modern, quieter and more fuel-efficient aircraft could have a different landing charge. Maybe that can already be done, I am not sure.
There are other examples of that type such as the ground operations that are carried out. A number of airports have now got around to doing things like bringing in more environmentally friendly ground operations generally, particularly regarding vehicles. They were a bit slow on the uptake but now they are doing that quite fast. There ought to be awareness of encouraging that—possibly even financially, as I have indicated. I am not talking about government subsidy per se but a recognition that there may be a benefit to bringing in a more efficient system. The examples that the noble Lord, Lord Rotherwick, has just given of being able to fly around the community might be enormously beneficial.
We ought to be quite creative in trying to find ways of encouraging the people who are operating from an airport to carry out their operations in a more environmentally friendly way. That is possible and we ought to look creatively not just at methods that might increase costs but at methods that might also decrease them for some of the operators.
Lord Rotherwick
Lord Rotherwick
My Lords, I remind the Committee of my past declared interests. Clause 102 amends the Regulatory Enforcement and Sanctions Act 2008. It amends Schedule 5 to that Act to add the CAA to the list of 27 designated regulators, and amends Schedule 7 to that same Act to add to the list of 45 regulatory provisions contained therein a 46th line regarding Sections 7, 61, 71, 71A and 86 of the Civil Aviation Act 1982. The effect of this is to bring each of those provisions of the Civil Aviation Act within the scope of the order-making powers of the Secretary of State, and the Welsh Ministers in Wales, under Section 36 of RESA. These are subordinated legislation-making powers. It must be assumed that the Government would not take the time of Parliament to vest powers in the Secretary of State that he had no immediate intention of exercising. However, the Bill gives us no clues as to what the effect of these powers may be, so what is it that lurks behind these powers?
Perhaps the Government’s Explanatory Notes to the Bill will lighten the darkness. Yet they do not. In respect of Clause 102, the notes merely say:
“Clause 102 amends Part 3 of RESA 2008 … to add the CAA to the list of designated regulators in Schedule 5 to that Act. This enables an order to be made so as to give the CAA access to a range of civil sanctions provided for by Part 3 of RESA 2008, which could be used in relation to the enforcement of breaches of civil aviation law. These sanctions would sit alongside the existing sanctions available to the CAA and would provide it with an alternative to relying on criminal prosecutions”.
All we have learnt so far is that these would be new sanctions and would sit alongside existing sanctions. If we infer that existing sanctions are inadequate, we must therefore assume that once these new sanctions are in place they will be used to secure some policy objective, presumably an improvement in compliance that cannot be secured through existing powers.
The exercise of new powers will clearly have an impact on those on whom they are exercised and will, presumably, bring a benefit that will exceed the cost of exercising those new powers. Let us look to the Government’s analysis of costs and benefits for this policy, identified in the impact assessment as “Policy Option 2b”. No luck there; it tells us that no monetised benefits have been quantified because they would flow from the implementation of the regulations, so the cost-benefit analysis will be done in support of the regulations. As to non-monetised benefits, page 88 of the document says that the main one,
“is the potential for increased compliance with certain areas of aviation regulation and therefore better protection of passengers and a more level playing field for businesses”.
It says nothing about general and business aviation, and one wonders what the implication will be on that. So we remain in the dark about what these powers are intended to achieve, the market or compliance failings that they are intended to address, the cost of introducing and exercising them and the impact that they might have on those to whom they will be applied. I refer explicitly to the GBA.
Again, we are left unenlightened. It is all very well for the cost-benefit analysis to hide behind the excuse that all will be made clear when regulations are brought forward—I am sure it will all be made clear when the person finds themselves in the dock, but there we are—but that is not good enough. If the powers are to be taken, there must be a reason; and if there is a reason, it should be made clear now so that Parliament can decide whether the powers are needed. No doubt others will scrutinise the impact of the extensions of the powers to include Sections 7, 71, 71A and 86 of the Civil Aviation Act 1982.
My concern, and that of the GBA sector, is about the effect on Section 61 of the Civil Aviation Act. Section 61 is a headline provision covering the Air Navigation Order, which is a huge and complex document of some 500 pages, detailing the thousands of legal requirements for technical and operational matters such as aircraft airworthiness, equipment to be carried, pilot and aircraft licensing, rules of the air and so on. When the Secretary of State exercises his powers under this clause, he will empower the CAA to issue fixed-penalty notices for the alleged breach of the ANO, in the same way as the DVLA does for alleged vehicle offences.
At present UK aviation, especially the GBA sector, operates in what is described as an open reporting safety culture. The vast majority of pilots, aircraft operators and engineers take their legal responsibilities for flight safety and airworthiness very seriously. For example, it is not uncommon to hear pilots telephoning the traffic control tower of an airport to confess and apologise where they believe they may have inadvertently infringed controlled airspace. We have a successful scheme for reporting a near miss, and another for voluntarily reporting general safety occurrences. This valuable safety culture might well be undone under the proposed regime, where it will be possible for the CAA to automatically issue fixed penalties in such cases, where at present it uses its powers of prosecution selectively to achieve a strategic safety outcome.
If the penalties were to be imposed as an administrative commonplace, without a full legal process, that would fundamentally change the relationship between the CAA and pilots, operators and service providers such as engineers, who would fear bias and the use of penalties as a revenue-raising exercise. Moreover, the introduction of fixed-penalty procedures, as against the present prosecution powers, would shift the burden of proof. The recipient of an unexpected penalty notice would be faced with the alternative of paying up, presumably at a reduced charge, which may be provided under Clause 102 if the CAA follows the parking-ticket process, or of challenging the ticket in the courts. By including Section 61 in Clause 102 of the Bill, we run the risk that our open reporting culture might be fatally damaged. This would work against the interests of increased flight safety.
The CAA has adequate penalties and powers of prosecution at its disposal, which it uses wisely and sparingly. No case has been made to the GBA community, and no consultation undertaken, where the evidence to back this change has been laid out. Indeed, we have not heard that the CAA has asked for these powers. Perhaps the Minister could say something about that.
Earl Attlee
My Lords, I will be delighted to write to all Members of the Committee explaining the Government’s intent on that issue.
Lord Rotherwick
My Lords, I thank the Minister for his full reply. He went a long way to try to answer all my questions. He still did not answer the question about whether the CAA asked for this.
Lord Rotherwick
That helps a lot: I now know who to hold responsible. I must point out that within the limited scope of the Bill, which pays hardly even any lip service to general and business aviation, in the one area where we are mentioned, we find ourselves caught on the stick, the discipline area; there are no carrots around. I know that my noble friend is a very generous Minister and I hope that there will be some carrots, having had the stick first.
I am grateful that he will write to my noble friend Lord Trefgarne about the consultation. In past consultations, general and business aviation has not always been represented. I would be most grateful if my noble friend feels able to go as far as to say that that will be the case this time: that there will be general and business aviation members of the consultation and, most importantly, that we are not treated like commercial pilots. We do not earn our living from our licence, we are private pilots who do our best to abide by the rules.
Earl Attlee
My Lords, I assure my noble friend that the GBA community will be included in any consultation.
Lord Rotherwick
My Lords, I am grateful for the Minister bending over backwards on all my questions. I will read everything with consideration and I hope that we might have the letter before Report stage, which, after all, will be at the end of the summer, in order to make a decision as to whether to come back to this issue again. In the light of that, though, I beg leave to withdraw the amendment.
The Countess of Mar
My Lords, I am pleased to see this clause in the Bill. Some years ago, research was conducted on airline pilots who had been exposed to organophosphates. I am sorry but I have a problem with my voice. It was impossible for the CAA to give any details whatever to the researchers and it caused huge difficulties. This will relieve that difficulty, so I am very pleased to see it.
Lord Rotherwick
My Lords, I have great sympathy with my noble friend Lord Trefgarne’s opposition to the clause. I would be very interested to hear what the Minister has to say because I think that my noble friend’s concerns are those of many similar pilots.
Earl Attlee
My Lords, I would oppose my noble friend Lord Trefgarne’s intention. I believe that Clause 104 should remain part of the Bill. My noble friend said that his pilot’s licence was properly suspended for medical conditions. I currently have the same problem with my HGV licence because my blood pressure is too high—but the Summer Recess is coming soon.
My noble friend was concerned that it might be possible to identify a pilot’s condition because of those small cohorts. It is more likely that medical research would be into large cohorts, such as all pilots with condition X or all class 1 medical certificate holders. Should a smaller cohort be of interest, the data controller would normally look to seek consent first.
There are several reasons to keep the clause part of the Bill, by no means the least of which is that the Government are seeking to enact this change because it was recommended by your Lordships’ Select Committee on Science and Technology in 2007 and this is the first legislative opportunity that successive Governments have had to give effect to your Lordships’ recommendation.
I shall turn to the specific points raised by my noble friend so that I can give him the reassurance that he seeks. First, he has suggested to me—certainly in private; I cannot remember whether he has said this publicly—that the CAA may sell on medical records. I make it very clear that this is not the intention of the legislation and that the CAA has no plans to do this. There is also perhaps the prospect of the CAA requiring even more medical data from pilots and flight crew, because it might be useful for the purposes of later medical research. The CAA cannot ask for more medical information than it needs to consider an application for a medical certificate. The CAA has no intention or wish to ask for extra medical information and no mechanism under which to do so without obtaining individual informed consent. The CAA abides by the data protection principle of keeping the minimal data required for the purpose of medical fitness assessments. If an applicant were asked to provide medical information that appeared to have no relevance to their licence application, it could be expected that they would challenge the need for it.
Clause 104 does not provide the CAA with any further powers to collect medical information. Those powers are already there as part of the CAA’s licensing obligation under the Air Navigation Order. The CAA has no intention to expand the scope of the medical information that it requires of applicants, and this provision would not allow for that. The clause is there solely to permit the CAA to disclose the medical information that it already collects for medical research purposes, subject to the strict safeguards contained in Clause 104(3).
The Committee will note that the CAA does not set out to collect medical data but acquires such data from people wishing to be licensed as pilots, navigators and so on because it has to make a judgment on whether those people are medically fit enough to be licensed. We also think that making this change is a good thing to do. The Civil Aviation Authority receives medical information relating to flight crew and air traffic controllers in the course of its licensing functions. Clause 104 provides for the CAA to be able to disclose this medical information to medical researchers by amending Section 23 of the Civil Aviation Act 1982, subject to the strict safeguards included in the Bill. This information could be used for important medical research into the major functional and incapacitation risks to those individuals—for example, the risks of heart problems. We believe that an increased understanding of the main health risks may in turn lead to an improved understanding of the risk to public safety, which is vital in the aviation industry.
The types of important research envisaged here include the analysis of the electrocardiogram tracings of pilots over an extended period to determine whether small anomalies—that is, differences—seen in the tracings translate to heart problems later in their careers. Given the important benefits of this research, we consider that the provision represents a proportionate response to the legitimate aims pursued. I also remind the Committee that this proposal was supported in public consultation on the Bill, where the vast majority of respondents agreed with making anonymised medical data available for ethically approved research. It is of course vital that in doing this we include strong and effective safeguards to protect individuals’ privacy. The Government are committed to ensuring that medical research will not compromise the rights of individuals to have their confidential medical information protected. I have already answered one of my noble friend’s very good questions, which was about small cohorts.
Individuals’ rights under the Data Protection Act 1998 and Article 8 of the ECHR will be fully respected. The CAA will act as the data controller at all times. We have included strong safeguards in the clause to protect those individuals. First, medical information must be anonymised by the CAA before it is released to medical researchers. Secondly, the disclosure must be for medical research purposes approved by a research ethics committee. Thirdly, the CAA must consider that the research is likely to improve the understanding of health risks to those individuals required to provide medical information to them. Fourthly, the CAA must consider that it would be difficult or expensive to take the steps required by existing legislation to enable disclosure of all the information that is to be disclosed—for example, where the research cohort is particularly large. As the information disclosed by the CAA would be anonymised, any published research would also be in anonymous form. These cumulative safeguards will ensure the appropriate balance between enabling important medical research and protecting privacy rights. I therefore hope that my noble friend will feel able to withdraw his opposition to the clause standing part of the Bill.
Lord Berkeley
Could the Minister explain what Clause 105(5) means in practice? It refers to,
“power to apply certain provisions to Crown aircraft”.
The Minister will know that we debated transport to the Scilly Isles a week or two ago. I heard that Prince Charles visited there last week with great success. However, there was thick fog and the only plane that was allowed to fly was his. I hope that it was safe— I am sure that it was—but in terms of safety of navigation it is odd that only one plane was allowed to fly. Was everybody else banned or did they not have the right equipment? Maybe this is irrelevant to the clause but what is special about “Crown aircraft”?
Lord Rotherwick
It may help if I jump in. I suspect that planes landing in the Scilly Isles were under CAT—Civil Air Transport. In certain situations, a private plane can be landed under VFR when a public plane cannot under IFR. I only suggest that that might be the case
Earl Attlee
My Lords, if the aircraft was being operated under the terms of the Civil Aviation Act, it is a matter for the CAA to regulate and investigate. It is not a matter for me to comment on. If it was an aircraft of the Ministry of Defence, it is not covered by the Civil Aviation Act.
Lord Wigley
My Lords, I support Amendment 71, as moved by the noble Countess, Lady Mar, and I support her in regard to Amendment 72. I pay tribute to the phenomenal work that she has undertaken over an extended period on conditions associated with organophosphates. I regret that I cannot bring to this Committee the direct experience of flying that other noble colleagues have but, during my incarnation in another place, I have certainly had far too much experience of exposure to organophosphates in other walks of life. Some noble Lords may be aware of the work undertaken by Mrs Enfys Chapman, who was for a time a constituent of mine and had the need to dig into the tragic consequences of OP dips. I had constituents who were chronically affected by organophosphates: two sheep farmers who were almost certainly crippled by the effects of OP sheep dip. A relative of my wife was also afflicted.
For those reasons, I have no doubt whatever that those open to ill health caused by such substances in the course of their work must be protected by law. It is surely our responsibility to ensure that the law is stringent enough, and properly applied, that there is: adequate identification of these cases when they arise; that there is clarity with regard to who has the responsibility for following up; that a statistical analysis is undertaken; and that, where necessary, regulations are tightened to ensure that people in cabins and passengers in aircraft are not put in danger because of the effects of these substances.
I draw to the Committee’s attention some statistics that are relevant to air crew contamination. The noble Countess has referred to Susan Michaelis who, in a PhD thesis, undertook an extensive health survey of 146 UK BAE pilots. That snapshot showed that: 88% were aware of cabin air contamination; 63% reported symptoms consistent with cabin air contamination, some immediate and some long term; 44% reported immediate short-term effects consistent with cabin air contamination, representing flight safety hazards; and 32% reported medium to long-term effects, again consistent with air cabin contamination and representing a flight safety hazard. Thirteen per cent were chronically impaired and no longer able to fly, which was in fact higher than pilot medical statistics for disqualification globally for all reasons, not just those consistent with air cabin contamination. There is a strong temporal relationship between the adverse effects reported and the contaminated air environment. Those data are the most authoritative that we have and surely should be considered.
I hope that the Minister will accept the amendments but, at the very least, is he willing to accept those figures? If he does not accept them, is he in a position to gainsay the argument? If other figures exist, they should surely come to light. I hope that he can tell the Committee that his department has rigorously examined the evidence put forward by Susan Michaelis in her PhD thesis. At the very least, I hope that the Minister will set up some independent investigation into the reporting system of events that may have adverse health effects on those in aircraft cabins, and clarify who is responsible for applying the regulations. Will he undertake to review the statistical information available, from all sources, to ensure that this issue is most assuredly not swept under the carpet?
Lord Rotherwick
My Lords, I congratulate the noble Countess, Lady Mar, and the noble Lord, Lord Wigley, on tabling the amendment. It is most important, and the compelling evidence that we have heard is evidence I have heard about for a long time and, indeed, read in books. If I am right, the aircraft referred to is the one that the royal flight uses and is mainly used for Ministers. If someone said to me that a Minister has faded or gone bonkers, the next question should be: how many times have they flown on the royal flight? We all get into the commercial aeroplanes that we are talking about, so this is something that affects us. Of the Cranfield test, it was suggested—alleged—to me that it was suspect because the aircraft that they had on test were ones given to them by the airlines, not picked at random but, it was alleged, safe aircraft given for tests. One of the unofficial research teams referred to in some books found that, of its swab tests on a range of aircraft, the majority had contamination when the swab tests came off seats.
We have all had the awareness when we come off a plane that we frequently travel on: “Gosh, I was tired on that flight. I’m not normally that tired”. That is a real problem. If the Minister does not accept the amendment, my only advice for noble Lords about planes that take their cabin air, their bleed air, off the engines, off the compressor, is to fly on a Boeing 787, the Dreamliner. It is the first aircraft that does not use the ghastly system that causes the problem; it uses a specialist air system totally independent of the engine.
I hope that the Government will come forward to address this elephant in the room; it affects us all when we go on aircraft.
Lord Empey
My Lords, I do not know whether the amendments before us will be the right vehicle, but they draw attention to a problem that definitely exists. As someone with a family member who is a commercial airline pilot, I am very conscious of the risks involved. It is often pointed out that pilots and air crew are at greater risk of receiving higher levels of radiation because they fly without any protection at very high levels for prolonged periods—indeed, throughout their working lives—and that that makes a difference. Here, there is undoubtedly a problem but the solution is not as immediately obvious. For instance, on the point made by the noble Lord, Lord Rotherwick, about the Dreamliner and its new system, many of the huge fleets of existing aircraft have the basic bleed air system so this is not easy to resolve. Mention has been made of the BAe 146, which is a very nice aircraft to fly in and, in particular, to land in, but there have been incidents where aircraft have suffered a large ingress of vapour to the cabin, visible to the passengers. This is not a figment of someone’s imagination; it actually happens. Although it is true to say that pilots on flight decks generally have an independent air supply from that of the people in the main cabin, it is sourced from the same place.
The question is: do we need international action? Let us face it, there are a very small number of aircraft manufacturers in the world and probably an even smaller number of aircraft engine manufacturers. Basically, there needs to be international action by Governments to deal with this issue, whether through an action in this Bill, through action by the Government taken via international organisations or through discussions with the industry. As the Minister pointed out, we are still number two in the world on aerospace, which is a very important industry to this country. I would think that adequate information is bound to be available within the United Kingdom from the manufacturers of engines and aircraft or parts of aircraft generally, and I cannot see any reason why we cannot pursue this issue through that route.
We are in a worldwide competitive market, and no individual airline will be in a position to put its head above the parapet without putting itself out of business. Therefore, we need not only national or European action but international action to deal with this. I guess that we all fly in aircraft that are differently flagged. We could be in an American aircraft, a British aircraft or an aircraft from Abu Dhabi. This is an international issue that needs international action. I do not think that we will resolve it simply by domestic means alone, albeit that we can set an example, and I have no doubt that that is the purpose behind the amendments. I think that the proposers would accept, though, that this needs an international response.
I hope that the Minister will allude to that and say whether he would be prepared to undertake on behalf of the Government to contact our European partners and some of our major manufacturers. We have medical expertise in this country that should be able to identify the significance of the problem. I think that the noble Countess said that you will not find if you do not look, which is a very telling point. Yes, I do not want to see our industry crippled competitively against others but, at the same time, if long-term damage is done to pilots and other air crew as a result of this contamination, that is a matter where we as a Parliament have a duty of care to people in the community who work in that environment, just as the noble Countess identified those people who worked in our agricultural sector and were exposed to vast quantities of contamination.
I recall the time years ago when people said that Sellafield was not a threat in the Irish Sea. We were told that the levels of contamination were perfectly safe. The levels of what people think is safe are now about one-thousandth of what they were 30 years ago. We are all in territory where we know that something is not right but we are not necessarily sure of the solution. There are many examples where substances entering our systems can do long-term damage if people are exposed to them for long periods of time.
I have an open mind on whether this is the right route but I hope that the Minister, on behalf of the Government, at least will address the fundamental and underlying point behind the amendments.
Lord Rotherwick
“Automatic direction finding equipment
In paragraph 4 of Schedule 5 to the Air Navigation Order 2009, paragraph (a) of Scale F is repealed.”
Lord Rotherwick
My Lords, as an instrument-rated private pilot I have been aware for some time that the carriage of an obsolete radio navigation system is still mandated by the Air Navigation Order. Technology moves on: automatic direction-finding, or ADF, equipment was developed in the middle of the last century and in the last two decades has been overtaken by more modern satellite-based and computer-controlled systems, such as GPS. Indeed, it is possible to purchase wristwatches with better navigational functions than those provided by ADF.
I have to revalidate my IR rating once a year, and to do this I fly in a plane with steam-driven instruments. I apologise to my noble friend Lord Trefgarne, whose plane had nothing but steam-driven instruments. Once a year, using this equipment I have to do an NDB.
The one thing that is interesting about an NDB, apart from the fact that it points roughly in the direction of the beacon that you are trying to track, is that in a thunderstorm it can be reliably trusted to point toward the thunderstorm and not the airport. It can do many other things. One will notice that at Oxford when landing on a one line procedure, as the plane crosses a railway track prior to landing, the needle of the NDB will deviate towards the train running across the track if one is so lucky as to fly over it. In short, it is not a particularly reliable instrument but it has served well over many years. However, there are better systems now.
Ground-based non-directional beacons, NDBs, are rapidly disappearing in the United States. About 100 a year go out and there are virtually none left. The associated automatic direction finding, ADF, equipment, mounted in an aircraft remains a legal requirement for instrument flight in controlled airspace, although some limited exemptions are in place. That absurdity makes some flights in modern aircraft that are not fitted with ADF of dubious legality. It is a grey area, despite having absolutely no implications for the safe and expeditious conduct of those flights, or indeed finding the solution for the navigation.
Noble Lords will be as fearful as many owners and operators of light aircraft that when the Government’s Clause 102 comes in, the CAA may be issuing fixed penalty notices like confetti to those who breach the ANO requirement. I am therefore proposing a simple new clause to repeal the relevant requirement in the Air Navigation Order 2009. I have put this point to the Government in the past and while accepting their suggestions and issuing guidance suggesting alternative navigational aids that might be acceptable as alternatives, the legal requirement remains. I understand that primary legislation is required to bring about the change and put the question beyond doubt. Indeed, that was the real reason I am told that nothing has come forward to date. They have been waiting for primary legislation.
This is the first suitable legislative vehicle to present itself, so I move my new clause confident that it will find favour with my noble friend the Minister. I accept that my drafting may not be up to the requirements of parliamentary counsel and am very happy to take advice from my noble friend who may wish to table a more elegantly drafted new clause on Report. In the mean time, I beg to move.
Lord Trefgarne
My Lords, I have some sympathy with my noble friend. He knows that very well. On the other hand, the regulations to which he refers and which he seeks to amend by virtue of this amendment are devised and overseen by considerable experts in this area. It would be a mistake to impose a requirement on the CAA by means of this amendment at this time. These matters should be left to the experts who are within the Civil Aviation Authority and the National Air Traffic Services. They are not all dinosaurs; they are very senior, distinguished, respectable and intelligent people. I am happy to leave it to them and I hope that my noble friend will feel so persuaded.
Lord Trefgarne
My Lords, just before my noble friend withdraws his amendment, perhaps I may point out that automatic direction finding equipment operating on the medium wave is very useful when it is not being used for navigational purposes—for example, for listening to the test match. The noble Lord may or may not use that in consideration.
Lord Rotherwick
I am very grateful for the kind words of my noble friend the Minister and for his offer, which of course I should like to take up. I do not think that there is more to be said than that. I also thank my noble friend Lord Trefgarne who seems to be a little concerned about my amendment. I hope that his noble Dove, which is now out at grass, and its wonderful array of steam driven instruments were being used for the right reason and that he was not listening to the test match as he was making an instrument approach. I know that he has not been in a cockpit for some time but if he would like to come and see a new cockpit, I would be delighted to take him along, although it might come as a shock. I beg leave to withdraw the amendment.
Civil Aviation Bill
Lord Rotherwick Excerpts(12 years, 5 months ago)
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Lord Davies of Oldham
My Lords, the amendment is a minor part of the security issues that we are concerned about in our airports. In later amendments, we will have the opportunity to discuss the more substantial issues, but this issue is substantial to part of our community—the Sikhs—who could undergo considerable humiliation and total affront to their religious position by the action of those carrying out security.
As a nation, we are more appreciative of this issue than may be the case in many other parts of Europe, not least because we have a substantial Sikh population, but we also have a relationship with Sikhs that goes back over several centuries through the former British Empire in India. The issue raised by security is that Sikhs are not prepared to have their turban touched or in any way interfered with, because the turbaned hair is a fundamental point of observance in their religion. Obvious security difficulties attend that. After all, turbans can be very substantial headgear. Sikhs do not cut their hair and their turbans enclose substantial swathes of hair. As we know, many Sikhs are somewhat above average size in any case, so it is a substantial piece of clothing.
Under regulations that obtain under the European Community, security officers have the right to insist on scrutinising the head-dress, which means at the very least touching it and, in more obvious cases, asking for it to be unwound entirely. Some cases have caused enormous concern in the Sikh population. There was one case in Italy in which the security officer insisted on the removal of the head-dress. There was even the case of the coach to the internationally renowned golfer, Milkha Singh, who has achieved great prominence in golfing circles. The coach was subject to this challenge of the turban being touched.
We therefore cannot look at the conduct contained and outlined in European regulations as anything other than a straight affront to the Sikh population. The Indian Government watch this kind of situation with the greatest care. An Indian Minister went so far as to say that any insult to a Sikh, particularly on religious grounds, was an insult to the whole of India. Of course, he was reflecting the fact that India prides itself on its extraordinary tolerance and its capacity to operate a political system and create a society in which widely different religious groups are highly represented. One of the more obvious facts is that there are two million Muslims in India out of a population that is overwhelmingly Hindu.
We must therefore look at this issue in an international context, too. At British airports, the authorities deal with this issue—bearing in mind that they have every regard to security—by using swab tests. Beyond that, we know that there has been no development on the explosive trace detection which our airports are trialling. Swab tests are not totally satisfactory or convincingly effective, and the explosive trace detection is still a trial and not proven as yet. British citizens travelling to Europe, and Europe as a whole, are still subject to the regulations that were introduced a couple of years ago.
No Member of Parliament with a Sikh population could be anything but greatly exercised by the fact that there might be an incident at a British airport that provoked the repercussions that I have outlined and which have occurred in the past. There is a further implication that an incident might damage community relations and cause great concern among the whole of the Sikh population in the UK. There is not the slightest doubt that this is a very significant issue. The Committee will remember that this issue cropped up a number of years ago, in the 1960s, with the introduction of compulsory helmet wearing for motor cyclists. I cannot now recollect the years in which we had the debates in both Houses of Parliament, but we were able to deal with it, after considerable debate, in a sensitive manner.
I ask the Minister not to underestimate the significance of this issue. I hope he will feel that the amendment is expressed in constructive terms so that the CAA will be empowered to take effective action in this area. It may also be a clear indication of the sensitivity of the CAA and British Airports to other circumstances that we have to have great regard to because they mean so much to certain groups in our country and, of course, to whole populations elsewhere in the world. I beg to move.
Lord Rotherwick
My Lords, I rise with a little concern because I do not want to give any religious affront to anyone. However, maybe we should put this into the context of the rest of the population. It is concerning that the risk of something occurring that was an affront to one person’s religious rights might be put before the safety of a planeload of people. I remind the Minister that at certain times the rest of the population have to undergo strip searches. I unfortunately have rather a lot of prosthetic material inside me, and I am patted down from head to toe every time I go through passport control. That is an affront to my person, but I accept it as a necessity for the safety of other people.
As the noble Lord, Lord Davies, said, we looked at the Sikh population’s concerns about motorcycles and a solution was found, but motorcycle safety issues relate mainly to the driver of the motorcycle. The safety concerns here are about the whole aircraft and the passengers in it. To repeat myself, I do not wish to cause affront to any religious person, but in this context we all have to undergo certain unpleasant procedures, and unfortunately everyone has to suffer in the same way.
Lord Soley
I will not delay the Committee, and I apologise for missing the opening remarks. Religious groups are very good at co-operating with the authorities. They are just as much at risk as the rest of the population. Indeed, Muslims have often been the victims of bombing attacks. So long as the CAA understands that it needs to work with religious leaders, that is the key to this. If religious leaders agree, we will not have the enormous problems to which the noble Lord refers. They are at least as much, and possibly more, concerned than many other citizens, simply because they are so often victims. We forget that.
The Lord Bishop of Chester
I support in general terms each of the three amendments, although I shall speak especially to Amendments 55 and 60. As the noble Lord, Lord Davies, said, in the background is the Climate Change Act, which he tells us that he proudly initiated. That requires a reduction in greenhouse gas emissions of 80% by 2050 against a 1990 baseline. That is a huge requirement. Given that the only way we know how to propel air transport is by turning hydrocarbons into carbon dioxide—and I understand that there is no prospect of any other way to propel planes through the sky—the 80% reduction has to come in other spheres. There is also the relentless increase in air transportation and the need for larger airport hubs, and so forth. Improvements in efficiency through using plastics rather than metals have a limit as to what they can achieve on that front.
If we are to get anywhere near the reduction in greenhouse gases by 2050 that we have set in law, people will have to be very aware of the consequences of their decisions between different transport choices. It is entirely right that information should be provided. Whether the public are increasingly aware of their climate change responsibilities, and whether public anxiety is set to increase, we will have to wait to see. I do not notice that happening at present, because so much is unknown about the future. How that will work out is one of Donald Rumsfeld’s known unknowns.
I am one of those who thinks that there are benefits of going more slowly about things generally. Even if it takes a bit longer typically, I prefer rail travel to air travel.
There seems to be a case for providing information so that people, whatever their view about the climate change agenda, can take a rational decision. It is perfectly possible to agree with all that the noble Lord, Lord Davies, said simply on the basis of the need to conserve a finite resource, oil, without signing up to the climate change agenda. Rather, one might believe that, in a finite world with an ever-growing human population, to be able to take decisions about travel that minimise outputs of carbon dioxide is a good thing in itself. In general terms, as I said, I support the amendments, and I hope that the figures to which they refer can be provided.
Lord Rotherwick
I, too, congratulate the noble Lord, Lord Davies, on his amendments and believe that what he is trying to do is right. I have gone a long way towards trying to produce green energy at home. I came up with a solar farm scheme that was totally supported by my local community—indeed, it participated in it—only to be shunned by Natural England, which suggested that the solar panels could damage the lacewing population by seducing the birds to lay their eggs on them. A month later, another oil tragedy occurred and tens of thousands of animals and birds were killed. I had fallen victim to eco-nimbyism.
On the amendments of the noble Lord, Lord Davies, I would be concerned that we might expend too much money and effort recording all those statistics, when our efforts should be directed at resolving the issues. In the excellent briefings that we received in advance of this Bill, we learnt that the CAA has done work on environmental performance—we look forward to the results being published. More effort should surely go into work of that kind, and I hope that amendments such as this will not drain the resources or divert the attention of the CAA away from it.
We heard that it was hoped that continuous-climb operations would reduce fuel burn and emissions by up to 30%. We heard that free routing, which means not having to go from waypoint to waypoint, would reduce journey times, costs and emissions and would promote the flexible use of airspaces, such as military airspace when it is not being used. I hope that the French might manage to do this in their northern sector, because their military airspace there causes huge diversions. While I commend the noble Lord, Lord Davies, on his intentions, I hope that his amendment will not divert us from devoting scarce resources and energies to achieving some difference.
Lord Soley
I go further than the noble Lord in commending the noble Lord, Lord Davies, on the skill with which he presented this amendment. He is right in principle, but the reason for my slightly mischievous intervention is my concern that one always finds provisions such as this being put into aviation Bills and not into train or road transport Bills. The reason for my concern is not that I am for or against the aviation industry, which after many years of kicking and prodding from people such as me has begun to get its act together on presenting its case on climate change and emissions, but that such provisions lead people to believe that you cannot fly but that you can travel as much as you like by road or rail, which is untrue.
I took great issue a few years back with front-page adverts from rail companies about high-speed rail links, saying, “Travel by train and zero emissions”. I thought, “Fantastic! Energy direct from the sun! We have no power stations using coal, oil, gas or nuclear fuel; we just direct it from the sun”. I pick up wonderful magazines, such as that of the RSPB, of which I am very fond, which tell me that we have to stop building airports and flying, and that it is really wicked. I then turn to the back pages and find between 10 and 20 adverts telling me to fly off to exotic places where I can see wonderful birds that are about to be wiped out by climate change. That is the cause of my slightly mischievous intervention on my noble friend’s amendment.
When we talk about building high-speed rail, which I am greatly in favour of, we are talking about producing concrete for a couple of thousand miles of track. To produce one tonne of concrete requires the production of one tonne of CO2—to knock off 10 or 20 minutes of the journey time to Birmingham. We cannot make the case on climate change. We can make it on other grounds and do lots of other things on climate change. I can tell the right reverend Prelate, who made a useful speech, that one piece of good news for him is that many airlines, including BA, Virgin and Air New Zealand, are now flying with a mix of fuels in their tank that includes algae and other environmentally friendly fuels. Algae have a good future. They will never be an entire replacement—they will probably be about 20%—but they are making a difference.
Returning to the amendment, before I get pulled up, the principle is right but my preferred way to address this is that every transport form, road rail or air, ought to be instructed clearly to drive down emissions. That is what matters. I do not object to the amendment in principle, but it has to apply to rail stations and bus stations as well. If I stand in King’s Cross or Euston, I know that it is not oxygen that is being belched out of the train engines or the taxis with their engines running waiting to pick up people; it is CO2. I would prefer that we said that we should drive down emissions across the board. For the past 20 or 30 years, I have never doubted the dangers of climate change—I have written about it from time to time—but we have to be realistic about it. At the moment, the way in which we measure it is not terribly accurate and has a long way to go. All forms of transport—rail, road, air and anything else—should drive down emissions. If we want to put up something to say what we think emissions are in airports, I have no problem with that in principle; I would just extend it to other areas.
Lord Soley
My Lords, I am delighted to support my noble friend without any hesitation. Let us not beat about the bush: one of the worst offenders in this area is Ryanair which, if it continues for much longer as it has been, will have a big photograph of its founder on the way in to the airport and you will have to pay to bow to it. He is adding costs and charges that are totally unreasonable. He is by far the worst offender but there are others too. The time is long overdue when all the costs of a flight should be properly advertised. It is very important. We are expecting people at the moment to book tickets when they do not really know what the full cost is and, as my noble friend has indicated, when they get to the airport they suddenly discover that the cost is infinitely more than they thought it would be, because of extra bags and taking special items on board. A short while ago we had a dreadful incident with regard to wheelchairs. All this is utterly appalling and utterly wrong.
I do not think we should mess about on these issues. All airlines should be made to set out all the charges that are imposed on customers so that they know in advance what they are going to have to pay for their tickets. My noble friend’s amendment is wholly good. If the Minister cannot accept it as it is, I hope that he can at least ensure that it goes into the Bill in some form. These practices need to be stopped.
Lord Rotherwick
I congratulate the noble Lord, Lord Rosser, on his amendment. We all have friends who have encountered this problem. When they think they have secured low-cost tickets, they suddenly come across these hideous charges. My wife uses low-cost airlines and constantly comes across these problems. The matter needs to be addressed.
Lord Bradshaw
Perhaps I may add my congratulations to the noble Lord, Lord Rosser, on what he has said. I do not know whether the amendment is acceptable in this form, but I look forward to seeing something at Report stage that will safeguard the interests of consumers.
Lord Rotherwick
“Provision of information about aviation
(1) The CAA must publish, or arrange for the publication of, such information and advice as it considers appropriate for the purposes of assisting users of general and business aviation services to compare—
(a) airport operation services and facilities provided for general and business aviation at a civil airport in the United Kingdom;(b) services and facilities provided elsewhere in the United Kingdom and used, or likely to be used, in connection with general and business aviation.(2) The CAA must publish guidance and advice with a view to improving the standard of such services for general and business aviation users of airport operation services and facilities.
(3) The CAA must take such steps as it considers practicable to keep under review the information, guidance and other advice that is published under this section by the CAA or other persons.
(4) For the purposes of carrying out its functions under this section, the CAA may carry out, commission or provide financial or other support for research.
(5) In this section “user”, in relation to a service provided for general and business aviation, includes flight training providers, air taxi services, air ambulances, private pilots and passengers and operators of general and business aviation aircraft.
(6) In this section references to users of a general and business aviation service or facility include potential users of such services and facilities.”
Lord Rotherwick
My Lords, I remind the Committee that I made a declaration of interest earlier on. Clause 83 requires the CAA to provide information about airport services and facilities for air transport users. This is a very valuable aspect of the Bill and it ought to be extended to cover the direct users of the airport operation services and facilities from the general and business aviation sector, the GBA. Now that I say it, that sounds a bit like GBH, but it is not. Amendment 58 endeavours to do that.
By way of introduction to my amendment, I invite the Committee to look at the Bill. It is unambitious because it is so limited in scope. The opportunity was there and the groundwork had been laid for a Bill that would have declared to Europe that Britain was open for aviation business in all its forms and was ready and able to grasp the economic and business opportunities that that could bring, so I feel that I can offer no more than a muted cheer for the Bill.
Where the Bill most needs improvement is in its potential to recognise and make provision for the GBA. However, it concentrates on the economic regulation of a small number of dominant airports and on looking after the interests of airline passengers and owners of air cargo. That is commendable, hence the two muted cheers, but my concern is for the interest ignored in the Bill: the GBA. As I said previously, 96% of UK-registered aircraft are ignored by the Bill’s principal provisions. The Minister has accepted that the Bill is limited in scope. He said that it,
“seeks primarily to provide for better regulation of our airports and is not designed to be a comprehensive overhaul of our legislation”.—[Official Report, 27/6/12; col. GC 143.]
Had the Bill grasped the opportunity to perform that overhaul, it would have deserved three hearty cheers.
With my small number of amendments, I seek to highlight the importance and needs of the GBA, to probe the Government on their attitudes towards this important sector and to introduce some helpful amendments. I feel that I have already made some progress. On day one of this Committee the Minister said that,
“the Government absolutely recognise the valuable contribution of the general and business aviation sector … It also has growing economic importance for the European manufacturing industry”.—[Official Report, 27/6/12; col. GC 144.]
With that recognition placed on record, I am encouraged that I may be able to seduce the Government into bringing forward an amendment that will make a useful contribution to the welfare of the GBA sector.
Part 2 of the Bill includes 10 clauses under the banner, “Provision of information about aviation”. The first of those, Clause 83, is entitled, “Information for benefit of users of air transport services”. My proposition is that there is information that could be of great benefit to the direct users of airport operation services and facilities from the GBA sector. The CAA is best placed to collect and collate that information and make it available. That would be of benefit to the market.
I am sorry to say that GBA users are often at best neglected and at worst positively discriminated against by operators of airports predominantly serving commercial aviation. My amendment would address that failing. In an information age, it seems archaic that there is no single source of advice for the GBA sector. There is no CAA website allowing GBA users to compare facilities and services at different airfields. Ideally, such information should be available on all airfields, but even if the scope of this proposed new clause were restricted to dominant airfields it would still represent a significant step forward in openness and transparency, allowing better informed decisions to be made.
The new clause, cast in exactly the same terms as the Government’s Clause 83, would require the CAA to,
“publish guidance and advice with a view to improving the standard of … services facilities for general and business aviation users of”,
airports. I would like that to include a whole range of airfields, but if that would be a step too far I would settle for its scope being restricted to dominant airports. I beg to move.
Lord Trefgarne
My Lords, like my noble friend Lord Rotherwick and, I think, my noble friend Lord Goschen, who is not in his place, I was much disappointed by the Minister’s replies to amendments about civil aviation earlier in our consideration of the Bill the other day. I hope that he will be a bit more forthcoming in response to the latest amendment from my noble friend, which has my strong support.
Earl Attlee
My Lords, I thank my noble friend for tabling the amendment. We had an informed debate about general and business aviation on the first day of Committee, and I committed to meeting my noble friend Lord Rotherwick and his team to discuss the interests of general and business aviation further. I am sorry that my noble friends were disappointed by my response on that occasion.
The proposed new clause seeks to replicate the information publishing requirements being imposed on the Civil Aviation Authority by Clause 83. However, the Bill already covers general and business aviation interests where the flights include passengers, cargo or both. So, for example, where a corporate flight is carrying business passengers, the proposed duty under Clause 83 will extend to these situations because the passengers comprise users of air transport services. In these cases, the CAA functions will allow it to correct the asymmetric information market failure that I alluded to when we debated Clause 83 in all instances where there are users of air transport services.
The Bill does not include either the part of general aviation that is for non-commercial leisure use or the part that comprises commercial services that do not involve the carriage of cargo or passengers. Examples of these are crop spraying, flight training and surveying—I suspect that that is a concern of my noble friend. The amendment extends a duty to publish information beyond passengers and cargo. However, the market for general aviation is more transparent than that for the ordinary consumer. General aviation users comprise trained and licensed pilots with ready access to networks and sources of information. Comprehensive information on what facilities are available to pilots at each UK-licensed airport and airfield is already freely available online from, for example, the UKGA website. Much more information is also available through published flight guides or from the relevant aerodromes.
A further duty on the CAA, as the amendment proposes, to take into account the reasonable interests of general and business aviation is therefore unlikely to make a material difference to the information that is available to those airport service users. Against that background, we do not think it appropriate to give specific prominence to the interests of general and business aviation or, indeed, to any other specific sector. Moreover, we consider that such a duty would impose an unreasonable financial burden on the CAA and the aviation industry. The burden would fall either on the aviation industry generally, which would not be equitable, or on the general aviation community, which as I have explained has access to the information that it needs. For these reasons, I hope that my noble friend will consider withdrawing his amendment.
Lord Rotherwick
My Lords, I thank my noble friend for his response and my noble friend Lord Trefgarne for his support. I have listened carefully to what the Minister said, but I think I will need to read it as well. The overall principle that I am trying to establish is that the CAA should have more regard to championing the cause of general and business aviation. At present, the sector does not feel that it has a champion to look after it, and this is but a small area in which it has concerns. However, I thank my noble friend once again for his kind words and I beg leave to withdraw the amendment.
Civil Aviation Bill
Lord Rotherwick Excerpts(12 years, 6 months ago)
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Lord Rotherwick
“( ) the need to secure that the reasonable needs and interests of general and business aviation are promoted and safeguarded,”
Lord Rotherwick
My Lords, I beg to move Amendment 3. I shall speak also to Amendments 9 and 11—the latter of which seeks to introduce a new clause after Clause 1. First, I would like to apologise to the Minister for not being able to speak at the Second Reading; and, secondly, I declare my interest as a private pilot and an aircraft owner. I also declare an interest as a director of the Light Aviation Association, which serves the interests of sports and recreational powered flying in the UK, and as vice president of the General Aviation Alliance, a body that co-ordinates regulatory interests of various UK aviation associations, thus representing a co-ordinated position for their pilots, aircraft owners and operators. Moreover, to demonstrate that the LAA is not a pressure group, but a body that knows of what it speaks, the LAA is itself a regulatory body, exercising functions delegated to it by the CAA in respect of a huge range of general aviation aircraft.
This Bill does not provide us with a comprehensive new legal framework to replace the whole of the Civil Aviation Act 1982. Some may lament the fact, given that this is the first Bill to address this area of policy in a generation. It is not as though the ground has not been prepared. Considerable effort has been expended in recent years in examinations and analysis of the role and function of the CAA in preparation for a more comprehensive piece of legislation.
The Bill before your Lordships’ House is, regrettably, limited in its scope. Its principal focus is on the economic regulation of major airports, but it goes little further, placing new duties on the Civil Aviation Authority in respect of airline passengers and owners of air cargo. Unfortunately, these new regulatory duties will, if enacted in their present form, ignore other sectors of UK aviation. Consequently, the Bill may, in fact, sow the seeds of potentially damaging developments that would impact on those other sectors. In particular, they will have potentially serious implications for the growth and sustainability of the general and business aviation industry and community, which contribute so much to the economy of the UK, and which have the potential to contribute so much more to helping us, as a nation, to move out of our present predicaments. If airport regulation is framed for the benefit of the air transport user, as it is in the Bill, the inevitable consequence will be the creeping exclusion of the other sectors of civil aviation and general and business aviation.
This trend is already evident. I travel widely as a private pilot and find that the provisions for general and business aviation in many other countries put ours to shame. I am therefore bringing forward simple and straightforward amendments to protect and promote general and business aviation and to ensure that this important sector continues to use our major airports. This objective can be ensured by giving the CAA a specific duty to consider general and business aviation in its regulation of major airports.
General and business aviation is important. It includes any civilian aircraft operation other than a commercial air transport flight operating to a schedule. It represents a multi-billion pound industry in the UK, from executive business jets through flying training and air ambulances to private aircraft operators and pilots. A 2009 study by PricewaterhouseCoopers on the total value of this sector found that its contribution to the UK economy was £3.7 billion, equivalent to 0.2% of UK economic activity, with around 50,000 people directly employed. The review also identified that of the 27,000 UK-registered aircraft, only 4% were commercial air transport aircraft.
We have a Bill before us—the first in a generation, although I hope it will not be the last—that neglects 96% of UK-registered aircraft and concerns itself with only those few airports that enjoy a dominant market position. It does not address the needs or interests of the general and business aviation community or make any attempt to regulate the activities of the majority of the airports on which this important sector depends.
The Parliament of the European Union recently issued a valuable resolution, 2008/2134, which I commend to the Minister and to the Committee, calling on member states to adopt policies promoting growth and sustainability in general and business aviation. The Government have, as yet, made no significant response to this resolution. However, this Bill is a perfect vehicle. It provides the opportunity, with some slight amendment consistent with its general principles, to make a worthwhile start. This would entail recognising in legislation that general and business aviation has a place at our airports and that its needs and interests should be promoted and sustained by the CAA alongside those of air transport users.
The amendments I propose to Clause 1 are modest and a reasonable modification of the regulatory functions of the CAA, yet they have the potential to bring about a substantial improvement in the operating environment for general and business aviation, which would reap rewards for business, industry, UK competitiveness and the financial health of the country. It will not be lost on my noble friend the Minister that the amendments merely extend the functions of the CAA in respect of operators of dominant airports. I regret that the narrow scope of the Bill precludes an amendment to include all airports, which would be ideal. Although amendments that I would prefer to have tabled are outside the scope of the Bill, they are within its spirit and philosophy.
I urge my noble friend the Minister to reflect on the work that has gone before and on the resolution of the European Parliament. I urge him also to recognise the opportunity that this Bill offers to put general and business aviation interests on the government agenda and send a long-overdue message to the European Parliament and business community that the UK is open for aviation business in all its diversity. I hope my noble friend the Minister will see the benefits this would bring to the country. If he is unable to accept my amendments, I hope that I will be able to offer my services and those of the LAA to him and his officials so that we can work together on this and secure a Bill for the general and business aviation industry, and for the community, that is fit for the future and holds the promise of a brighter one. I invite the Minister to accept this offer, in his usual accommodating fashion, to facilitate the further discussions that will be of mutual benefit.
Earl Attlee
My Lords, these amendments propose the inclusion of new secondary duties that take account of the interests of general and business aviation. I accept that the Bill is limited in scope. It seeks primarily to provide for better regulation of our airports and is not designed to be a comprehensive overhaul of our legislation. Having carefully considered these amendments, I cannot accept them, as they are unlikely to yield significant benefits but could unfortunately introduce unnecessary ambiguity into the Bill.
Despite the amendments being carefully drafted, a technical difficulty arises because of the absence of any definition or description of what is meant by “general and business aviation”, so the amendment may introduce undesirable uncertainty. I am sure that all noble Lords in the Committee understand what we mean by it, but not in legislative terms. I will ensure that I am briefed on the EU declaration that my noble friend Lord Rotherwick mentioned.
There are also policy difficulties with the proposed amendment. One policy intention behind the Clause 1 duties is for the CAA to be provided with a set of clear and unambiguous duties, promoting the interests of passengers and owners of cargo in the provision of air operation services. It follows that the number of secondary duties should be as small as is reasonably practicable. The new framework for economic regulation would apply to airports with significant market power—currently, Heathrow, Gatwick and Stansted. General and business aviation interests will be covered when the flight includes passengers. For example, when a corporate flight is carrying business passengers, the primary duty will extend to the passengers as they will comprise users of transport services. It appears that the only cases where the interests of general and business aviation will not be taken into account are when the flight carries neither passengers nor cargo, other than cargo carried by the pilot. A secondary duty to take into account the reasonable interests of general and business aviation is unlikely to make a material difference, having regard to the very small percentage of such flights to regulated airports.
The Bill recognises that conflicts may arise between the interests of different users of air transport services. In such cases, the CAA has very wide discretion to decide whose interests it should further. Against this background, we do not think that it is appropriate to give specific prominence to the interests of general and business aviation or indeed any other specific sector. For all airports, when demand is higher then capacity for finite take-off and landing slots, this is generally reflected in the fees charged. In a competitive market, an airport operator is likely to prefer to receive flights with large numbers of passengers over those with fewer passengers when this enhances its profits. The Bill will not impact the mechanism for setting airport charges at airports not deemed to have substantial market power, which is the vast majority of airports and airfields used by the general aviation community. This is a further policy reason not to pay special regard to general and business aviation.
However, the Government absolutely recognise the valuable contribution of the general and business aviation sector. The CAA’s Strategic Review of General Aviation in 2006 estimated its contribution to the UK economy at £1.4 billion per annum, a little less than the PWC report referred to—probably because different tests were applied—but still a very significant sum none the less. As noble Lords have observed, it delivers important services such as search and rescue, mail delivery, life-saving organ transport, law enforcement, aerial survey and environmental protection flights, as well as underpinning the training of future pilots. It also has growing economic importance for the European manufacturing industry. I would like to take this opportunity to pay tribute to my noble friends Lord Rotherwick, Lord Trefgarne and Lord Goschen, who miss no opportunity to promote the needs of general aviation.
The noble Lord, Lord Berkeley, mentioned hot air balloons. I like seeing hot air balloons in the summer in the countryside, but my wife has declined to take a ride in one for the reasons that noble Lords have identified. The noble Lord, Lord Berkeley, will know that aviation safety is covered by other legislation but is policed by the CAA as the safety regulator.
The Government are currently developing a long-term strategy for sustainable aviation in the UK. A formal consultation document is due to be published later this summer, when the general aviation community and other aviation stakeholders will be invited to comment. However, I believe that these amendments would create unnecessary ambiguity and ask my noble friend to withdraw or not to move them at the appropriate point.
Amendment 11 seeks to introduce a new clause after Clause 1 that would place a requirement on the CAA to publish a statement of policy setting out how it plans to carry out its functions as set out in Clause 1. I understand that the intention of this amendment may be to be ensure transparency in the CAA’s exercise of its new duties. The Bill as drafted provides a clear primary duty to end-users that the CAA supports. However, there are several reasons why I do not think this amendment will work in practice. First, the amendment as drafted requires the CAA to prepare and publish the statement of its policy with respect to carrying out its functions under Clause 1. However, the CAA has no functions under Clause 1; rather, Clause 1 sets outs the way in which it must carry out its functions under Chapter 1. The amendment as drafted would appear to have no effect. In view of this, I hope the noble Lord will withdraw his amendment.
Lord Rotherwick
I thank all noble Lords who took part in this debate and I thank the Minister for his response, although it was not very helpful and rather disappointing. He was not able to offer me much comfort for my amendments. Bearing in mind what he said about consulting later on promoting and safeguarding airports, it would certainly be helpful to sit down with him and his Bill team to find out whether we could get additional comfort.
Earl Attlee
My Lords, I would be delighted to continue to work closely with my noble friend on the issue of general aviation.
Lord Rotherwick
I am very grateful for that because it has taken us a generation to have vehicle for this and we do not want to miss it. Perhaps I could talk to him a bit later. I am interested in our not giving a negative statement to the European business community, saying that the UK is not open for aviation in all its diversity. As saturation takes up the three main airports, and then the next five, there needs to be an aviation infrastructure left for the rest of the aviation community to flow into. I thank the noble Lord for all his help on this and beg leave to withdraw.
Aviation
Lord Rotherwick Excerpts(13 years, 2 months ago)
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Lord Rotherwick
To ask Her Majesty’s Government what assessment they have made of the range of provisions and facilities available for general aviation.
Lord Rotherwick
My Lords, I thank noble Lords who are to take part in this debate, and I declare that I am not only a private pilot but a director of the Light Aircraft Association, vice-president of the General Aviation Alliance, and president of the General Aviation Awareness Council, all of which are non-remunerated positions. In other words, I am deeply engaged with the lighter side of UK civil aviation and I am worried. Our airfields and smaller airports are threatened by the new national planning policy framework. Although there is clearly intent to protect them, I fear that protection will be ineffective without changes to the draft framework.
Britain has a great and historic civil aviation tradition, not just airliners, of which we have about 1,000 registered in the UK, but the more than 12,000 active general aviation—GA—aircraft. With the exception of airliners and the military, GA includes everything else. There are an estimated 4.6 million GA flights in the UK every year, more than twice that of airline and cargo flights. GA is important throughout Europe. In 2009, the European Parliament passed a resolution on an agenda for a sustainable future in general and business aviation. It is a well considered document based on discussion and agreement within the European GA community. The considerable arguments for the importance of GA to economic growth are well rehearsed in this resolution, for which the Aviation Minister has recently expressed her support. GA is a significant UK industry worth up to £3.7 billion annually and employs tens of thousands. It is a growth sector, including hundreds of small businesses. The Department for Transport is currently consulting on Developing a Sustainable Framework for UK Aviation, which, although mainly aimed at commercial air transport—CAT—will also have an impact on GA. A sustainable future for GA will see great improvements in the environmental impact as new, green fuels are developed and electric power becomes a reality for smaller aircraft.
The economic activity associated with GA, both at local and national level, directly and indirectly provides thousands of jobs, often in rural areas. British flight schools provide many of the trained pilots whom we need for our airlines. Aerial survey, photography, agricultural applications and pipeline patrols are just a few of the commercial GA operations carried out every day around the UK. Supporting businesses provide aircraft maintenance and many other services necessary to GA. Police, ambulance and search-and-rescue helicopters are based at GA airfields. Most of all, GA is about travel; across the UK and to neighbouring EU counties, GA gives us transport choices. All this activity depends upon the availability of a national network for GA. The UK has a network of several hundred such aviation sites. They range from thriving aviation centres with many associated businesses down to the sleepy grass landing strips deep in the countryside that my noble friend Lord Goschen flies from regularly.
The larger GA airfields are often small airports as well, shared with CAT. In such places GA and CAT support each other to provide a viable economic base, but this is not all about economics; there are real benefits to society and the community from the recreational opportunities GA provides, such as parachuting and gliding. This vital yet fragile GA infrastructure will be threatened by a national planning policy that does not specifically require local planning authorities to consider the national transportation issues for GA or recognise the economic importance of preserving a national GA network. LPAs that do not have up-to-date local plans may find that developers can assert a right to sustainable development unless the national framework provides otherwise. Airfields and small airports are often very desirable sites for developers, but our national interest requires an infrastructure to support aviation.
We have a perfect example before us. Plymouth airport is to close this year. Plymouth is an isolated city of nearly a quarter of a million people. The airport proprietor has announced its intention to close the airport and this has been permitted by the city council. This shows us what can happen when planners consider only local issues. Aviation facilities will be picked off one by one on the basis of localism, weak local plans and a presumption of sustainable development. Many of our GA airfields are on the edge of towns or cities, or identified as brownfield sites set within desirable country areas. What price could be put on an aerodrome such as Cambridge if it was available for housing development? How about Rochester, Leicester, Fairoaks, Redhill, White Waltham or Ipswich? Actually, Ipswich, recently a thriving airfield, has become a housing development.
Currently, several planning documents provide guidance for LPAs considering applications for airfield development. These include PPG13 for transport, and CAA policy documents concerning the safeguarding of aerodromes and wind turbine locations. I obtained assurances from the previous Government that airfields would not be treated as brownfield sites in their entirety. The Government's proposals will replace our extensive guidelines with a short document containing basic principles, so that we will no longer be able to rely on the documents and the protection that they offer.
It is clear that the authors of the NPPF recognised the problems this will cause for GA aircraft. The draft framework transport objectives includes a clause—paragraph 87—intended to provide protection for small airports and airfields by ensuring consideration of their wider economic and business roles, and of their support for the emergency services. It indicates that such considerations should be guided by the principles set out in the draft planning framework, the relevant national policy statements and the government framework for UK aviation. GA organisations have welcomed the intent of this section, but I am concerned that, despite its good intentions, it gives us no real protection.
The draft framework currently provides no relevant guiding principle. Also absent is an aviation national policy statement. No national guidance is available for LPAs considering airfields or airports. The government framework for UK aviation is in flux. It is currently in consultation as a scoping document that asks fundamental questions, most of them about CAT. It cannot help, either. Without a specific statement in the NPPF of the importance of airfields to our national transport network, the framework will not be fully effective in protecting them. Developers will be able to point to the lack of national policy guidance and take advantage of the situation, especially in the transitional period when local plans are weak or absent.
The solution is simple. All GA airfields and small airports should be afforded planning protection in the NPPF such that LPAs would be required to consider the national infrastructure when determining planning applications. This would also protect airfields in the absence of an adequate local plan.
Does the Minister agree that the NPPF must include more protections for the national GA infrastructure to guide consideration of planning applications involving airfields? I hope he will give us assurances and will actively support proposals so that appropriate planning protections for GA airfields are incorporated into the national planning framework.
Petrol: Ethanol Content
Lord Rotherwick Excerpts(13 years, 9 months ago)
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Earl Attlee
My Lords, I am well aware of these issues. I declare an interest in that, because of fuel compatibility issues, I have had to fit an electronic fuel-injection system to a 27-litre V12 tank engine.
I am also well aware of the problem with glass-fibre fuel tanks. One of the issues for classic vehicles is the availability of replacement petrol tanks and the difficulty of making an irregular-shaped fuel tank.
Lord Rotherwick
My Lords, the noble Earl is probably aware that I am an aviator. Is he also aware that there are new and old small aircraft that rely on car petrol without ethanol in it? What provisions are the Government making to ensure that there is a supply of this in the future?
Earl Attlee
My Lords, in the long term, I cannot give reassurances. I will write to my noble friend about the availability of zero ethanol for aviation.
Airports: London
Lord Rotherwick Excerpts(13 years, 9 months ago)
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Earl Attlee
My Lords, I was delighted to see the noble Baroness, Lady McIntosh, rise, because I anticipated some support from her. The property issues surrounding Stansted are a matter for BAA. She also asked about uncertainty. During my research on this Question, I could not find 1 zeptogram of a suggestion that my right honourable friend the Secretary of State was going to change the policy.
Lord Rotherwick
My Lords, in the Minister's Answer to the Question he referred to the Government bringing forward their proposals for aviation at the end of this year. Will those proposals address the needs of general aviation, and will they bring forward a framework to revise the 1982 aviation Act?