Laser Misuse (Vehicles) Bill [HL]

Lord Trefgarne Excerpts

Committee: 1st sitting (Hansard): House of Lords
Tuesday 23rd January 2018 Lords Chamber

[Lord Craig of Radley]

My Lords, it is me again with Amendment 13, in my name and in the name of the noble Lord, Lord Monks, to whom I am most grateful. Like several other noble Lords at Second Reading I felt that there was a need to clarify the meaning of the word “journey” in the Bill. In her letter of 15 January, the Minister set out her interpretation of “journey” but wrote that she had asked her officials to,

“look at ways in which we can ensure that it is interpreted as intended”.

I await her contribution when replying. Meanwhile, this amendment is one attempt. I am grateful for the support of the noble Lord, Lord Monks.

At Second Reading, the Minister said that this point had come up in earlier legislation, so I feel that, for the avoidance of doubt and any possible loophole in the coverage of the Bill, some definition should be included in it. Even this definition does not fully deal with the point made at Second Reading by the noble Lord, Lord Berkeley of Knighton, who said that the dictionary definition of “journey” means a move from one place to another, from A to B. However, were it to be defined for the purposes of the Bill to cover the time from occupation of the vehicle until leaving it, the fact it departed from A and returned to A at the end of the journey might be sufficiently well covered. I beg to move.

[Lord Trefgarne (Con)]

My Lords, I have some sympathy with the noble and gallant Lord on this matter. For example, it is very likely that training flights, which are of course an important part of aviation, most often begin and end at the same aerodrome. I am slightly unpersuaded, as is the noble and gallant Lord, that they are covered by the Bill, and I hope that the Minister can reassure me.

[Lord Tunnicliffe]

My Lords, I also hope that the Minister will take this away. One worrying point is somewhere deep in various bits of aviation law: a flight is defined as when the wheels of an aircraft first turn. We are envisaging a possible situation where a laser is used immediately before the wheels turn, and the aircraft could then end up in a dangerous situation. The Government therefore have to look at this concern in some depth, and I hope that they will bring something back to us on Report.

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[Baroness Randerson]

My Lords, this Bill is remarkably narrow in its scope—very much more so than its predecessor, the Vehicle Technology and Aviation Bill, which fell at the time of the general election. I regard this as a great pity as the Government are missing an opportunity to take a comprehensive look at this issue. Instead, they are making two discrete stabs in the right direction, here in this Bill and in their proposals in the Trade Bill, to limit the sale of the most powerful lasers. This amendment is designed to highlight the opportunity that the Government have missed to take a number of additional steps to reduce the danger that lasers pose not only to vehicle users but to the wider safety of the general public.

At Second Reading a number of possible measures were suggested by noble Lords, including restricting the sale of lasers, introducing a licensing system, classing lasers as offensive weapons in certain circumstances as we do with knives, and imposing penalties for mislabelling. All of these would make it harder for individuals to acquire, knowingly or unknowingly, potentially dangerous lasers. I thank the Minister for her letter explaining why she believes that licensing, for example, would not work. She states specifically:

“When licensing systems were established in New Zealand and Australia the evidence gathered showed that licensing regime has not reduced laser attacks”.


I find that rather surprising because the statistics for Australia show that the number of laser incidents between 2013 and 2015 actually fell from 667 to 502. That is not an amazing reduction, but the Minister herself said in her speech at Second Reading that in the UK in 2008 there were only 200 incidents while in 2017 there were 1,200. That is a vast increase in the number of incidents in Britain while they are being contained and even trimmed a little in Australia. At a time when lasers are becoming increasingly available and increasingly powerful, I would argue that controlling the growth in the number of incidents is in itself a sign of success.

Australia has the most stringent control system in the world and it illustrates how complex the problem is and how multifaceted the Government’s response needs to be. Disappointingly, if I may use a rather inappropriate metaphor, there seems to be only one arrow in the Government’s quiver in this Bill. The Australian experience shows that labelling requirements are flouted very frequently. I have already mentioned one study which showed that more than 50% of the lasers labelled as 1 milliwatt or less were in fact more powerful. In one case, the laser was 127 times more powerful. Increasing the likelihood of examination and detection as these lasers are imported into the country is therefore very important indeed.

At Second Reading I questioned the Minister about the support being planned for local authority ports and border teams as well as trading standards officers, to enable them to detect mislabelled lasers. The Minister responded to this in her letter to me and referred to government co-ordination but made absolutely no reference to the extra money or resources which are so badly needed by these hard-pressed teams. We also discussed advertising. The Minister pointed out in her letter that in the UK there is little in the way of actual advertising for lasers, but I would urge her to consider another sort of advertising; that is, the need for the Government themselves to issue public information advertisements, probably aimed primarily at parents, to raise awareness of the danger of lasers. I am disappointed that the Government yet again seem to be relying on the market to rule and ignoring the need for a comprehensive package of measures.

I tried to draft several amendments to tackle the issues I have raised. They were all ruled to be out of scope because the Bill is very narrow. I have fallen back, unashamedly, on the need for the Government to report on the effectiveness of the measures in the Bill within a year of it passing to force the Government to take a more comprehensive look if the measures in the Bill do not prove effective in creating a considerable reduction in the incidence of laser attacks. I beg to move.

[Lord Trefgarne]

My Lords, I am slightly surprised that the noble Baroness got this one past the clerks. Be that as it may, the advice of the clerks is the advice of the clerks and that is that. She did get it past them, but this sort of thing seems outside the scope of the Bill and the Long Title as I read it. I hope that she will not press it.

[Lord Tunnicliffe]

My Lords, we broadly support the amendment. We will congratulate ourselves after Report and Third Reading, having used very little parliamentary time, on having a narrow Bill that addresses a particular problem, but the real issue is enforcement. Will this law be effectively enforced? We have a crisis in policing in this country. There are some 20,000 fewer officers than in 2010. One has no idea where in the police’s priorities this particular piece of law will fall.

The beauty of having a report after a year is that it will have to include information about how enforcement has gone. That can do nothing but good. There is a general rule of management that what gets measured gets done. The fact that police forces would know that Parliament will be looking at the result of this law and the extent to which it has been enforced would be an important incentive to make it work.

Brexit: Aviation Safety Regime

Lord Trefgarne Excerpts

Wednesday 17th January 2018 Lords Chamber

[Baroness Sugg]

My Lords, we work closely with the aerospace industry and are very aware of their views on both what is needed for the sector and the desire for a speedy agreement. We will be representing these views in our negotiations with the EU and will continue to keep the sector updated as negotiations progress. There is a precedent for non-EU states such as Switzerland and Norway to participate in the EASA system and we continue to examine the suitability of such an arrangement. We have been clear that we seek a close and collaborative relationship with the EU on a range of issues, including aviation safety.

[Lord Trefgarne (Con)]

My Lords, before we were taken into the present European arrangements, principally by the noble Lord, Lord Kinnock, a number of years ago when he was Transport Commissioner, were not the Civil Aviation Authority, supported by the Air Registration Board, the finest airworthiness organisations in the world? Can that situation not now be restored?

[Baroness Sugg]

My Lords, the CAA is still one of the finest aerospace organisations in the world. It is highly regarded, not just in Europe but around the world for its expertise in safety regulation. As part of the EASA system, the CAA has been the specialist regulator for aviation safety and issues certificates and approvals. The competence to issue such safety certificates will stay as we leave the EU: none the less, the CAA is making prudent preparations for whatever scenario we are in.

Laser Misuse (Vehicles) Bill [HL]

Lord Trefgarne Excerpts

2nd reading (Hansard): House of Lords
Tuesday 9th January 2018 Lords Chamber

[Lord Trefgarne (Con)]

My Lords, I too declare an interest in this matter, as I am a lowly member of the British Airline Pilots Association under the noble Lord, Lord Monks, and I am also president of the British Association of Aviation Consultants, both of which of course support this measure. I spent quite a long time in my earlier years on the fringes of civil aviation. I therefore very much welcome the Bill. There is no doubt that the present legal arrangements have not proved satisfactory, and a number of cases have been brought which have failed or were not brought because it was decided that they were bound to fail.

I very much welcome the Bill from the point of view of civil aviation. I was going to say something about military aviation, but the noble and gallant Lord, Lord Craig of Radley, will no doubt refer to that more adequately than I can when he comes to speak in a moment. I hope the Bill will speedily arrive on the statute book and I very much support my noble friend Lady Sugg.

Drones

Lord Trefgarne Excerpts

Tuesday 21st November 2017 Lords Chamber

[Baroness Sugg]

I shall make sure that a copy of my answers is put in the Library.

[Lord Trefgarne (Con)]

My Lords, I welcome the legislation announced by my noble friend, but will it deal with the recent menace of lasers directed at the cockpits of aircraft?

[Baroness Sugg]

My Lords, shining a laser at pilots or drivers is of course incredibly dangerous, and we are looking at how to address that. The legislation I am discussing today refers solely to drones and not to lasers.

Brexit: Tourism

Lord Trefgarne Excerpts

Monday 20th November 2017 Lords Chamber

[Baroness Sugg]

My Lords, the UK already has 111 bilateral agreements on air services with other countries, and they of course will continue after we leave the EU. However, we understand the need for early reassurance on flights to the EU, and that will be a consideration when we negotiate our future relationship. Airline representatives made it clear last month to the Transport Select Committee that they would continue to sell tickets, and that they share our confidence that we will get a good agreement in place after Brexit. We meet regularly with the airlines at both official and ministerial level to discuss the options for the future aviation relationship.

[Lord Trefgarne (Con)]

My Lords, what will happen to the operational regulation of civil aviation at Brexit? Will that revert to the Civil Aviation Authority?

[Baroness Sugg]

The CAA already operates the vast majority of EU regulations in the UK and will continue to do so after exit.

Aviation

Lord Trefgarne Excerpts

Monday 26th June 2017 Lords Chamber

[Lord Callanan]

As someone who uses regional airports regularly, the issue of air passenger duty is, of course, high on my agenda. I am sure the noble Lord will understand that, as a Minister only a couple of weeks into his appointment, were I to start rewriting the Chancellor’s Budget proposals at this stage I would not last very long.

[Lord Trefgarne (Con)]

My Lords, when the time comes to repatriate the regulation of civil aviation, will that be vested in a revitalised Civil Aviation Authority, as in the past, or left to the European Aerospace Agency?

[Lord Callanan]

The whole issue of Brexit and how liberalised air transport will go forward will be the subject of negotiation. We want to ensure seamless access to European air transport matters, and I am sure the European aviation industry will want to access UK policy, too.

Civil Aviation Bill

Lord Trefgarne Excerpts

Wednesday 7th November 2012 Lords Chamber

[Lord Davies of Oldham]

My Lords, Amendment 2 seeks to amend the government amendment which the noble Earl, Lord Attlee, has commended to the House. I commend his work to the House, too, because he has responded to the pressure exerted in Committee about the failure of the Bill to address significantly the role of aviation and the regulated airports in relation to the environment. Environmental issues are high on the nation’s agenda and the contribution of aviation in this regard is of considerable concern. The Opposition have sought to work constructively to improve the Bill and I am grateful to the Minister for his attempts to do so.



I do not shy away from the fact that, were his amendments carried, they would represent an improvement to the Bill, but not significant enough an improvement for the issue concerned. After all, the Government constantly seek to bask in their green credentials, but in recent months, tensions have been exposed as they wrestle with the practicalities of the green agenda. The nation is conscious of the fact that a certain amount of backsliding has been going on. That showed itself in the support offered to home insulation and in the clash between Ministers in the Department of Energy and Climate Change when the Secretary of State was effectively forced to correct the position adopted by a junior Minister on the issue of wind farms.

Of course, on the issue of aviation, we are all too aware of dither and delay. We all know that the most significant issue of all facing the Government is the future of airports in the south-east and how they are meant to cope with the demand predictions of the future. This issue—I refer in particular to the graphic case of London Heathrow—has been kicked into the long grass of a post-election report. Sir Howard Davies is not to produce his analysis of what needs to be done until after the next general election.

The Bill had its origins under the previous Administration and under that Administration it was clearly indicated that there would be significant concern about aviation as regards the environment and that the Bill would set out to make provisions to meet the necessary responsibilities. We were to expect clarity in the Bill, yet we seem to have the same evasion in the Bill as we have seen with regard to other crucial areas of policy.

[Lord Trefgarne]

My Lords, my noble friend has moved Amendment 1 and the noble Lord, Lord Davies, has moved Amendment 2. Amendment 2 may have some merit to it but I am having some difficulty in connecting his speech to the amendment.

[Lord Davies of Oldham]

My Lords, I was coming to that. The noble Lord has anticipated my very next sentence. It was necessary to identify the context because that explains why, on a consensual Bill, on which we have sought to work with the Government to improve the Bill and on which we recognise the efforts of the Government represented in Amendment 1, there is still a crucial area of difference. The government amendment is expressed in terms of the desirability of each holder of a licence. Power does not seek to emphasise desirability; power seeks to define will: what the Government want to see happen, not what they would like to see happen, as if in some way they can rely on a general response of good will. Of course, in many areas they can, but this is an area of crucial aviation policy with regard to airports. Our amendment to the government amendment says that, in place of a fairly wishy-washy concept of desiring that things should happen, there should be an obligation.

That issue is clear enough, and important enough, for us to press this issue despite the good will of the Minister and the efforts to respond. The response is too mealy-mouthed to achieve the objectives that this Bill should achieve with regard to the protection and improvement of the environment. It will become clear during the proceedings today that on many aspects of the Bill we agree with a great deal of what the Government are doing. However, in this area, the government amendment does not stand the test. That is why I have tabled this amendment. I beg to move.

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[The Lord Bishop of Chester]

My Lords, in this House I intermittently find that the words of St Augustine come to my mind: “Lord, make me chaste, but not yet”. This is such an occasion and the use of “desirability” raised my interest, as it did of the noble Baroness when she saw it. When the Minister responds to the debate, I would like him to give us one or two examples of what these words might mean. What are,

“reasonable measures to reduce, control or mitigate the adverse environmental effects”,

when aeroplanes have a major adverse effect simply by being aeroplanes? It would be helpful to know just what obligation is meant, whether it be desirability, a duty or whatever, because I am rather unclear what impact any of these statements will have.

[Lord Trefgarne]

My Lords, like most noble Lords I think that the amendment moved by my noble friend has gone a long way to meet the concerns that were expressed at the earlier stage of this Bill. However, when the noble Lord, Lord Davies, eventually got to the purport of his amendment it, too, had some merit and I hope that my noble friend will feel able to consider it. Taken together, the two amendments represent a measurable improvement to the Bill and I hope that they can be agreed to.

[Lord Soley]

I, too, recognise and understand that the Minister has tried to meet concerns. In a way, the noble Countess, Lady Mar, put her finger on the point here: throughout most of Clause 1(3), “need” is used, so to introduce “desirability”, as the right reverend Prelate also indicated, makes its meaning unclear. I have one simple question for the Minister. What impact in law does it have to put in a clause which uses “desirability”? I am not sure that in law it would have any meaning.

West Coast Main Line

Lord Trefgarne Excerpts

Monday 29th October 2012 Lords Chamber

[Earl Attlee]

My Lords, as for the noble Lord’s last point, the staff on the west coast main line are of course the responsibility of Virgin. I assure the House that I have repeated many political Statements, and I have done so this time again without the opportunity of editing it because I am just repeating a Statement made by my right honourable friend in another place. As to the noble Lord’s substantive point about when my right honourable friend knew that there was a problem, as soon as he was told that the problem could have affected the outcome he cancelled the award of the contract immediately.

[Lord Trefgarne]

My Lords, I endorse what the Minister has just said. I have no detailed knowledge of these matters, and of course I share the dismay about the very serious difficulties that have emerged. However, I ask the noble Lord, Lord Davies, for example, speaking from the opposition Front Bench as he has just done, to take a little care. What would the reaction of the then Government have been if all this had happened, say, three years ago, when they were still in office? I dare say we would have had a whole lot of dissembling, lack of transparency and flannel and not the forthright and straightforward replies which Ministers have given on this occasion and for which I believe they are to be commended. Of course it is a deeply unfortunate situation but I think that Ministers have acted as best as they can and that they are to be commended for their transparency and forthrightness on this occasion.

[Earl Attlee]

My Lords, I suspect that the noble Lord, Lord Davies of Oldham, is thinking: there but for the grace of God go I. In defence of the noble Lord, he had to come to this House and explain the problems at HMRC, which, frankly, I think he did.

Aviation: Policy

Lord Trefgarne Excerpts

Monday 23rd July 2012 Lords Chamber

[Earl Attlee]

My Lords, the noble Lord suggests that there would be an advantage in having a third runway. Of course there would be an advantage in having a third runway, which is why the previous Government supported one. However, we also need to bear in mind the interests of the more than 200,000 people who live in west London underneath the flight path.

[Lord Trefgarne]

My Lords, can the Minister confirm that business aviation and general aviation will continue to play an important part in the Government’s aeronautical thinking?

[Earl Attlee]

My noble friend makes an important point. At a meeting with my noble friend Lord Rotherwick, I agreed to take forward to my right honourable friend Theresa Villiers the importance of maintaining general aviation airfields.

Civil Aviation Bill

Lord Trefgarne Excerpts

Monday 9th July 2012 Grand Committee

[Lord Trefgarne]

My Lords, while the noble Lord, Lord Rosser, makes an interesting case for Amendment 67, I am somewhat neutral on the matter, and look forward to hearing the Minister’s reply. I must say that I am a good deal less enthusiastic about Amendment 68; general, somewhat ill defined duties such as those contained in that amendment are best left out of legislation, and I hope that the noble Lord will not press it.

[Earl Attlee]

My Lords, I fully agree with noble Lords on the need for the CAA to be efficient in carrying out its functions. Identical amendments to the ones now tabled by the noble Lord, Lord Rosser, were also tabled in the Commons both in Committee and on Report, and were defeated in Divisions.

I shall speak first to Amendment 67 on introducing a role for the National Audit Office. In Commons Committee the Minister announced a strengthening, outside the Bill, of the scrutiny to which the CAA is subject. Having considered this issue further myself, I remain unconvinced that there are compelling reasons to believe that NAO scrutiny of the CAA would deliver a different result from the current and new mechanisms by which the CAA’s functions are already audited and scrutinised. Moreover, the CAA is overwhelmingly funded by the aviation industry. Parliament recognised this in removing the NAO’s role from the CAA and certain other bodies in 1984. The issue was considered by Sir Joseph Pilling, in his 2008 strategic review of the CAA, who concluded that there was no need for NAO involvement. The recommendation was subsequently accepted by Ministers under the previous Government, and I have yet to be convinced that they were wrong.

It is true that other industry-funded regulators come under the scrutiny of the NAO but, unlike the CAA, they are generally either non-ministerial government departments or rely on government funding for a significant proportion of their income. The CAA’s situation is very different from regulators such as the Office of Rail Regulation. Although the ORR is funded by industry licences, it is distinct because of the high level of public funding that the rail industry receives.

I reiterate the strength of the scrutiny mechanisms already in place with the CAA. As was said on Report, the Secretary of State appoints the CAA’s external auditors. She presents the CAA’s accounts to Parliament by placing the annual report statement in the Library of the House of Commons; she is involved in the development of the corporate plan; with the Treasury’s consent, she approves the CAA’s borrowing and sets its required rate on return on capital; and she will continue to approve the remuneration of the chair and non-executive members of the CAA board. In addition, the CAA consults on its charges and fees. Clause 100 makes such consultation an explicit requirement. I therefore currently see no reasons why the NAO should audit the CAA, and ask the noble Lord to withdraw that amendment.

On Amendment 68, regarding efficiency, in practice the CAA is already subject to conditions and obligations that ensure that it is efficient. As announced by the Minister in the Commons, from 2013 onwards the Government will include in their annual accounts direction a requirement for the CAA to include an efficiency statement in its annual report. This would be subject to validation by the CAA’s external auditors, and the Secretary of State for Transport will approve the terms of reference for that work. The efficiency statement is likely to include a summary of value-for-money audits and post-project completion reviews, developments in processes and technology and a report on the remuneration and deployment of staff. The external auditors’ published statement in the annual report would contain a summary of their findings on the efficiency statement in the interests of transparency. Industry representatives on the CAA’s finance advisory group would be given an opportunity to discuss the statement before and after the external auditors had completed their activity. This establishes an annual process of scrutiny, with transparency to the industry and to Parliament, to which the Secretary of State will continue to present the CAA’s accounts.

During the past nine years, the CAA has reduced its workforce by 15%. It employed 1,057 full-time equivalents in 2003 and had reduced that number to 870 in March 2012. The CAA’s strategic plan contains the objective:

“To ensure that the CAA is an efficient and effective organisation which meets Better Regulation principles and gives value for money”.

Clause 1(3) and (4) and Clauses 83 and 84 already build in proportionality safeguards. The CAA is also required to follow the good regulation principles in the Legislative and Regulatory Reform Act 2006 and the statutory regulator’s compliance code requires that regulators,

“should be accountable for the efficiency and effectiveness of their activities, while remaining independent in the decisions they take”.

I am aware that this is very important to airlines represented by the British Air Transport Association.

I will continue to reflect on the matter and consider what further reassurances can be given to your Lordships on Report. In light of that, I hope that, at the appropriate point, the noble Lord, Lord Rosser, will consider withdrawing his amendment.

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[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 Trefgarne]

My Lords, being 110 years old, naturally I am resistant to innovation of all kinds, although I hope not in all branches of aviation. None the less, one needs to take care with imposing duties of this kind upon the CAA in this particular area. For example, if it were to be pressed to incorporate a new kind of material in an engine, perhaps to make it quieter, the cost of certifying a new innovation of that kind can be substantial. My noble friend Lord Rotherwick refers to the desirability of introducing GPS approaches in more airports. One has to remember that GPS systems are outside the control of the CAA, the operators and NATS, and in the past have been subject to interference from hostile agencies, which is much to be regretted. I remember an occasion some years ago when the GPS system in the UK collapsed for a couple of days because there was some technical difficulty about which the CAA and NATS knew nothing.

One needs to take a little care about these things. The ground approach facilities, for example, to which my noble friend referred, are under the maintenance and control of the airport authority and therefore, you may say, more reliable, at least when the shortcomings are more readily known. That said, I do not want to stand in the way of these worthwhile innovations, and the advantages of GPS approaches to which my noble friend referred are very real and important, but one needs to take care. The CAA has taken a careful—if that is the right word—approach to the approval of GPS systems. That was right. It is being slowly convinced of their merit, which is right, too, but it did not jump in their direction as hastily as perhaps some others did. I am not standing in the way of innovation, but I ask the Minister to explain how the costs of all this will be met. Some of them may fall on the operators—to their advantage, no doubt, so that is a good thing—but we should take a little care.

[Earl Attlee]

My Lords, I am grateful to the noble Lord, Lord Davies of Oldham, for introducing this interesting, probing amendment, because it gives me the opportunity to say something about how innovative the aviation sector in this country already is and the CAA’s role as the regulator. My noble friend Lord Rotherwick spoke about innovation in navigational aids. I look forward to debating his Amendment 73, which will deal with these issues, but his comments were valuable nevertheless. He indirectly illustrated why the CAA should concentrate on regulation.

My view is that market forces should be allowed to drive innovation in industry and the regulator should be responsive to it. This is how things have worked so far between the aviation sector and the CAA. Indeed, just how innovative our aviation sector is is a measure of how well this arrangement has worked.

Let us consider one aspect of the aviation sector, the aerospace industry. Our aerospace industry is the world’s largest outside the USA, with a 17% share of the global market. Its annual turnover is more than £20 billion, and it directly employs more than 100,000 people, supporting a total of 230,000 jobs across the UK economy. Its workforce is highly skilled: 36% of its employees have university degrees or equivalent.

The aviation travel industry is equally innovative. In my opening speech at Second Reading, I paid tribute to this fact, saying:

“In 2010 … UK airports served nearly 400 international destinations. That level of activity is possible because over the past 30 years the aviation industry has changed to meet the needs of the customer. The emergence of low-cost carriers is one example of how the industry has innovated and diversified. There has also been an increase in the number of people travelling by air in this country, from 59 million passengers in 1982 to 211 million in 2010”.—[Official Report, 13/6/12; col. 1364.]

The CAA has its own international consultancy, Civil Aviation Authority International, or CAAi, which is a wholly owned subsidiary of the CAA. It is a leading, globally recognised aviation consultancy company that delivers and promotes best practice in aviation governance and education. CAAi provides technical advisory services across a range of aviation-related activities, environmental consulting, professional training, aviation examination services and certification against internationally recognised quality management standards. CAAi’s work contributes to enhancing safety standards worldwide.

The CAA is also quick to respond to innovation in the aviation industry. I have come across two examples in the past few days. The noble Lord, Lord Sugar, has raised with me the issue of PDAs in the cockpit. The CAA is assisting many UK commercial air transport operators to gain approval for the use of electronic flight bags. An electronic flight bag approval will allow an operator to replace many of its cockpit paper-based processes with an electronic solution such as a laptop or tablet device or with an aircraft manufacturer’s own certificated system. The CAA is working with EASA and ICAO to standardise and simplify the requirements for operational approval of electronic flight bags.

The second example is the CAA’s work on its future airspace strategy, alluded to by the noble Lord, Lord Davies of Oldham. As the noble Lord reminded the Committee, I offered some aviation briefing sessions to Peers shortly before Second Reading. As part of those, the CAA’s Director of Airspace Policy, Mark Swan, gave a presentation on its future airspace strategy. Through the strategy the CAA is modernising how we use our airspace in this country with the aim of achieving a,

“safe, efficient airspace, that has the capacity to meet reasonable demand, balances the needs of all users and mitigates the impact of aviation on the environment”.

Mark Swan explained that this aim depends on the ability to take advantage of technological developments. For example, new communications, navigation and surveillance improve situational awareness of users and controllers; increased navigational accuracy enables closer-spaced routes; and the amount of noise experienced by communities will be reduced as aircraft fly their routes more accurately and consistently. Operators will be able to free route in the upper airspace along the most fuel-efficient track. This is important. The noble Lord, Lord Davies, touched on emissions and the need to tackle them with technology and innovation. The future airspace strategy is an example of how the CAA can facilitate innovation in the civil aviation industry without the need for a new duty.

The noble Lord, Lord Soley, spoke previously about using advanced biofuels in the aviation sector, as did the noble Lord, Lord Davies, today. Today the noble Lord, Lord Soley, talked about quieter aircraft. He will recall that the quota system of regulating noise at Heathrow airport strongly encourages quieter aircraft. Indeed, under the quota system some aircraft cannot fly at all at night. While there are some obvious barriers, the Government believe that sustainable biofuels have a role to play in reducing carbon emissions from transport, particularly in sectors where there are limited alternatives to fossil fuels, such as aviation. The Committee on Climate Change has carried out studies on the potential for biofuels to reduce emissions from UK aviation in the long term. Its latest estimate is that biofuels could supply 10% of jet fuel demand by 2050, suggesting the impact that future innovation might have.

I said that it is my view that market forces, rather than regulators, drive innovation. I believe that the examples I have provided together show that the industry and the CAA have got the balance right.

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An unsympathetic observer might conclude that it has been added as a simple and straightforward revenue-raiser, with the CAA issuing spot fines for all procedural oversights and unintended violations without achieving any safety improvement outcomes. It would be of interest to learn from the Minister whether the extension of these powers to other agencies has produced significant compliance benefits. I look forward to his answer. I beg to move.

[Lord Trefgarne]

My Lords, I have a good deal of sympathy for the amendment of my noble friend Lord Rotherwick. Might the Minister be a little clearer on what the process will be for the fixed penalty notices? I am ashamed to tell your Lordships that I am a veteran of the fixed penalty notice system as applied by Transport for London in relation to the congestion charge. I have on a couple of occasions had to appeal against an alleged violation only for my appeals to be dismissed instantly—no doubt, rightly. I discovered that if you insist on appealing and taking your lawyer with you to the tribunal in relation to your Transport for London penalty notice for alleged non-payment of the congestion charge, you are 90% likely to get off, but if you do not take your lawyer with you, you are not. It struck me as a rather shocking revelation. I do not suggest that there is anything wrong in the process, but amateurs who go on their own to appeal or simply send in a letter of appeal to Transport for London are likely to be dismissed out of hand. However, if you turn up on the day with your lawyer, you are likely to have your appeal allowed. I hope that there will be no such vagaries in the system to be employed by the Civil Aviation Authority. Who will hear appeals from fixed penalty notices issued by the Civil Aviation Authority? What will be the expertise of those who hear them? Can I be assured that the system will be a lot better than Transport for London’s?

[Lord Davies of Oldham]

My Lords, I have only one brief comment to make, one which I never thought I would make in Parliament or elsewhere. Oh the joys of Opposition for the Minister to reply.

[Earl Attlee]

My Lords, before turning to the detail of the points made, I must emphasise the importance of the clause that the amendment would alter. My noble friend Lord Trefgarne mentioned the congestion charge. I have been caught by it but I never dared to appeal. I just paid up. That might be because I knew that I was wrong.

The noble Lord talked about the higher success rate if you bring your lawyer. It may be that the appellant brings his lawyer because he is certain that he is right, so not surprisingly he wins his case. The noble Lord also asked about the appeal process. If someone who has been issued a fixed penalty notice is unhappy about that, he can take it to court in exactly the same way as a motorist can take a matter to court—like the McCaffrey case.

[Lord Trefgarne]

I confess that my memory is perhaps slightly hazy but my recollection is that one cannot take Transport for London to court. If one loses the appeal, that is that.

[Earl Attlee]

My Lords, the offender will be able to take the matter to an independent appeal tribunal. I will write to the noble Lord with full details of how that system will work.

Clause 102 amends Part 3 of the Regulatory Enforcement and Sanctions Act 2008 to enable the CAA to make use of civil sanctions where it currently relies almost exclusively on criminal prosecutions, which are not always appropriate for technical infringements. The Bill will enable the Secretary of State by order to give the CAA access to a range of civil sanctions provided under Part 3 of the 2008 Act as an alternative to prosecution. We believe that criminal sanctions are disproportionate in relation to some offences, such as minor breaches or offences of an administrative nature.

I do not agree with my noble friend Lord Rotherwick when he suggests that the CAA will be encouraged to issue fixed penalties. The fines will go to the Consolidated Fund, as accepted by my noble friend. I think that he goes a little too far when he suggests that the CAA would abuse its powers and I totally refute the suggestion that these are revenue-raising powers. I was asked for examples. When the commander of an aircraft fails to produce licences for his or her flight crew in a reasonable time when requested to do so by an authorised person, he or she is guilty of a criminal offence and liable to summary conviction and a fine not exceeding level 3 on a standard scale. Should an offender fail to comply with such rules, a fine or civil penalty for breach may be a more appropriate enforcement action than a criminal prosecution, thus ensuring better compliance. I should point out that offenders will not find themselves in the dock because it is a civil penalty. I can assure my noble friends that secondary legislation will be required to grant the CAA these powers. It will be subject to full consultation and impact assessment. Any order will be subject to the affirmative resolution procedure in Parliament.

My noble friend Lord Rotherwick asked about the expected scope of compliance changes. The appropriate time to consider costs and benefits of the power is at secondary legislation stage. It would not be good use of public resources to calculate extensive options for what may not be the impact until Parliament has agreed the powers. In particular, Clause 102 inserts certain provisions of the Civil Aviation Act 1982 to the list of enactments in Schedule 7 to the 2008 Act. That enables the Secretary of State by order to give the CAA access to a range of civil sanctions in relation to offences contained in secondary legislation made under the 1982 Act. The provisions of that Act include Section 61 which enables the Secretary of State to make provision for offences to secure compliance with Air Navigation Orders. Such orders are key to the regulation of air navigation in the UK. I am sure that all noble Lords in the Committee would agree with that. They set wide-ranging rules that the CAA largely polices.

Turning to the amendment, as described by my noble friend, it would exclude Section 61 from Schedule 7 to the 2008 Act and thereby deprive the CAA of the use of a range of civil sanctions in relation to offences contained in the Air Navigation Order. This would dilute the intended purpose of Clause 102.

My noble friend Lord Rotherwick asked what the provisions will achieve. The inclusion of Section 61 of the 1982 Act in Schedule 7 to the 2008 Act is important, as it could give the CAA flexibility to use civil sanctions to enforce the provisions of the Air Navigation Order. That would be done only in appropriate cases where the application of criminal penalties was not a proportionate response to the offence which had been committed, particularly in the case of minor administrative breaches. The CAA will not automatically impose fixed monetary policies for breaches of the Air Navigation Order; the CAA will have available a range of civil sanctions under RESA, including fixed monetary penalties, variable monetary penalties, compliance notice and acceptance of enforcement undertakings for imposition. The CAA must publish guidance on the use of such sanctions under a duty to act proportionately under the Legislative and Regulatory Reform Act 2006.

In evidence to the Public Bill Committee on the Civil Aviation Bill in another place, a risk was raised that the inappropriate use of new civil enforcement powers could damage the open flow of information between the industry and the CAA. A recommendation was made that the CAA be required to consult on a formal policy before exercising the new powers. I hope that that will give my noble friend some comfort. I do not agree with any suggestion that the CAA would use the new enforcement powers disproportionately. That is because the Legislative and Regulatory Reform Act 2006 requires regulators to carry out their regulatory functions transparently, accountably, proportionately, consistently, and target them only where action is needed. That includes the CAA, and we are confident that the CAA will abide by those requirements. The Department for Transport intends to consult fully on any secondary legislation which will make civil sanctions available to the CAA in respect of relevant offences and to develop a full impact assessment—a point that I know concerned my noble friend.

For those reasons, I hope that my noble friend will consider withdrawing his amendment.

[Lord Trefgarne]

My Lords, is my noble friend willing to write to me with more detail about the intended appeal processes for the fixed penalty notices? I recognise, as he says, that secondary legislation is likely to be required before these processes come into place, but this is a subject of considerable concern, at least for me. As I explained, the present processes for dealing with appeals against, for example, fixed penalty notices from Transport for London, are unsatisfactory and I hope that they can be improved in respect of whatever the CAA is empowered to do.

[Earl Attlee]

My Lords, I will be delighted to write to all Members of the Committee explaining the Government’s intent on that issue.

--- Later in debate ---

Debate on whether Clause 104 should stand part of the Bill.

[Lord Trefgarne]

My Lords, I must confess that when I read this provision originally it seemed to be a rather extraordinary provision to be included in the Bill. I therefore took the occasion to make some inquiries. First, I declare an interest. For a number of years, I held an aviation medical certificate, which has now lapsed owing to my great age. Throughout the 40-odd years that I held a civil aviation licence, I was dealt with with the utmost consideration and skill by the CAA, and previously by the Ministry of Aviation’s medical authorities, including on two occasions having my licence suspended for medical reasons, entirely correctly and properly, by the then authorities.

My concern is confidentiality. I am and always have been very anxious that medical information held by public authorities, whether it is the CAA or anyone else, should remain properly confidential. I accept that there are provisions in these arrangements to keep confidential the information that is to be released to others, but the civil aviation community, the number of those who hold civil licences and air traffic control licences, is comparatively small. There is a risk that, if the information for some unusual medical conditions is published, it will be possible to identify the persons concerned. If the information on, say, half a dozen or so cases of a particularly obscure medical condition is made available to research agencies, it will be obvious who is the holder of that medical information.

I hope that my noble friend can explain in a little more detail than appears in the Explanatory Memorandum why it is necessary to have this new power. Can he give me the necessary assurances with regard to the absolute confidentiality of the information to be provided?

[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.

[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 Trefgarne]

My Lords, I am very much persuaded by the arguments that the Minister has put forward. It is important that this information is kept confidential.

I have just one other question to which I suspect my noble friend will not have answer off the cuff, but if he could write to me on it, I would be grateful. Am I not right in thinking that the CAA has access also to medical information on pilots held by the Ministry of Defence? It is important that that information, too, should be kept confidential, but it is also important that the information is available for the researchers if it can be done in a proper way and with proper safeguards. My noble friend may not have that information at his fingertips, but if he could write to me about the MoD position in this matter, I would be greatly obliged.

[Earl Attlee]

I can undertake to give what information I can. However, we both know a little bit about the Ministry of Defence and I am not entirely confident that it would have the data that the CAA would have.

--- Later in debate ---

Debate on whether Clause 105 should stand part of the Bill.

[Lord Trefgarne]

My Lords, again, this is a very small point on which I would be grateful for assistance. Am I not right in thinking that, if we move in some respects from prosecutions under the 1982 Act or some other Act to prosecutions under the Air Navigation Order—we have already talked about fixed penalty notices—the penalties under the ANO are less than those under the civil aviation Acts, including the 1982 Act? Is that one of the intentions of this provision?

--- Later in debate ---

[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 Trefgarne]

My Lords, I am grateful to my noble friend for explaining all the penalties. Were I still authorised to fly, I should be very careful not to fly dangerously and fall foul of all the penalties he described.

Clause 105 agreed.

--- Later in debate ---

[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.

[Earl Attlee]

My Lords, I thank my noble friend Lord Rotherwick for putting forward this amendment. I can appreciate his desire to remove where possible unnecessary regulation and requirements on the aviation industry, which accords with the Government’s intentions on the red tape challenge. My noble friend has rightly drawn the Committee’s attention to whether there continues to be a compelling need for the mandatory carriage of automatic direction finding, ADF, equipment on some aircraft. I did a little research myself: I looked up ADF and it appeared to be Amsterdam Density Functional, which is,

“a Fortran program for calculations on atoms and molecules”.

I thought that that had got nothing to do with aviation and that I had therefore better stick to my notes.

My noble friend has a passion for ensuring that regulation is appropriate and that we take into account technical developments which can often make regulations out of date. The Civil Aviation Authority has advised that it agrees with my noble friend that the existing arrangements are no longer appropriate, given the recent progress in navigational equipment. I am therefore pleased to learn that the industry now benefits from some alleviation in a general exemption issued by the CAA.

I agree with my noble friend Lord Rotherwick that this matter is worthy of further investigation. It is of course an important safety issue and I am sure that the Committee will agree that it needs a proper and thorough safety assessment before we could remove this requirement. A meeting between my noble friend and the Civil Aviation Authority may be the first step to considering how best to proceed, including an assessment of if and when it might be possible to amend the Air Navigation Order. That would be a more suitable approach than through this Bill, as pointed out by my noble friend Lord Trefgarne. If my noble friend agrees, I would be happy to make the necessary arrangements. I note that my diary is already littered with protected dates for such a meeting with my noble friend. Therefore, I hope that my noble friend will withdraw the amendment at the appropriate point.

[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.