Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Order 2022

Lord Tunnicliffe Excerpts

Thursday 13th January 2022 Grand Committee

[Baroness Randerson (LD)]

My Lords, I welcome this important environmental measure and thank the Minister for her explanation. In particular, I was fascinated by paragraph 6.3 of the Explanatory Memorandum, which explains the complexity about which comes first: the ratifying of the convention or these regulations. However, that does not explain why it has taken since 2004 for us to get to this stage.

I realise that we were not alone because, as the noble Lord, Lord Greenway, just explained to us, it took until 2017 for 30 countries representing 35% of the world’s tonnage to ratify the convention. But it is a serious matter of concern and shame for us that the nations with 70% of the world’s tonnage have now signed up and we have not yet managed to do so, although it will happen soon. It is depressing that, as a once-great maritime nation, we yet again have been slow to adopt international and environmental measures that were a matter of urgency.

Perhaps the Minister can clarify, but am I right that our slowness has simply been because of the huge backlog of maritime measures that the Department for Transport managed to build up? Was it simply overlooked, or has it been a lack of enthusiasm by successive Governments to sign up that has been the problem?

There is a key point, not explained in the Explanatory Memorandum. I am sure that noble Lords will forgive my ignorance, but do ships need new technology to manage their ballast water in the way that will be prescribed, or is it just a matter of better management? I am not clear whether it is that all modern shipping would have the correct equipment, and so on—but I am surprised that there has been no impact assessment. I would assume, whether it is better management or modern equipment, either way there will be costs for ship owners as a result of this SI. However, I welcome the fact that we have finally got round to it.

[Lord Tunnicliffe (Lab)]

My Lords, I support the introduction of this order to implement the 2004 International Convention for the Control and Management of Ships’ Ballast Water and Sediments. The convention ultimately aims to eliminate the transfer of harmful aquatic organisms and pathogens, which is why the control and management of ships’ ballast water and sediment is so crucial. However, given that the UK played a pivotal role in negotiating the convention, it is a shame that it is only now being brought forward. I note that the Minister gave some explanation on this delay but, clearly, it is a matter of concern on all sides of the Committee. I hope that she will produce a full answer and, if there are areas on which she cannot answer today, write to us all.

On the legislation itself, I would be grateful if the Minister could answer three questions. First, are the Government already fully in compliance with the convention? Secondly, what engagement has the department had with the shipping industry over the implementation? Finally, how many countries have ratified the convention, and how many further are in the process of ratification?

We support the introduction of this order and the implementation of the convention, but this is only one step in cleaning up the seas. I hope that the Minister can offer the Committee a brief explanation of the other steps that are being taken by the Government.

[Baroness Vere of Norbiton (Con)]

My Lords, I am grateful to all noble Lords who have taken part in this short debate to consider this order. I shall provide a bit more information, if I can, on the timeline to getting to this stage. We probably all wish that we had got here earlier, but there were some reasons behind that. I hope that the next SI will cheer up noble Lords, because we are certainly ahead of the game on that one.

There are several reasons why the UK did not ratify the convention earlier. As the convention was new, equipment availability was limited both to treat ballast water management systems and to sample and analyse the discharged ballast water, which is integral to its enforcement. The industry was not confident in the equipment and was concerned that it would be unfairly penalised. Those concerns were eased by the development of the experience-building phase, which established a period of implementation and review during which ships would not be penalised due to non-compliance with the discharge standard if operating a type-approved ballast water management system.

Secondly, the UK’s ratification was rescheduled to allow time for the latest amendments to the convention to come into force and thereby ensure that the UK’s implementing legislation reflects the most up-to-date version of the convention. These amendments were adopted during the IMO’s Marine Environment Protection Committee meetings held in April 2018, and accepted in April 2019. That introduced a phased approach to implementation, which also alleviated the concerns around equipment availability. At that point, it was very much full steam ahead until Covid arrived.

It is true, and noble Lords will have heard me say before, that we have had to delay some of our statutory instruments, which is not ideal. Although I do not think this SI falls under the definition of backlog as set out by Minister Courts when he went to see the Secondary Legislation Scrutiny Committee, it is certainly on our list of things to do, so I am really pleased that we are able to do it today. I reassure noble Lords that we are actually making quite good progress on our maritime backlog. I have a little note here to say that a couple of others with very long titles are also heading their way through Minister Courts’s office now, and no doubt we will be returning to this Chamber to debate them in due course. I reassure the Committee that we are very focused on our maritime SI backlog.

International Organization for Marine Aids to Navigation (Legal Capacities) Order 2022

Lord Tunnicliffe Excerpts

Thursday 13th January 2022 Grand Committee

[Baroness Randerson (LD)]

My Lords, like other noble Lords, I welcome this important measure on maritime safety. I am very pleased to see that someone in the Department for Transport has been much more enthusiastic about signing up to this new convention, opened to signature by the French Government only a year ago, than was the case with the previous convention. It is good to see the UK in an enthusiastic leadership role after recent years when we have been—from the perspective of an internationalist, as I am—withdrawing from our international responsibilities. The development and maturing of international organisations is always good to see, especially one as practical and useful as this one.

I had written down two questions, one of which the noble Lord, Lord Greenway, has partly answered for the Minister—but I shall still ask it in part. Can the Minister update us on the progress on the other signatories? Are we in good company? The noble Lord, Lord Greenway, gave us some names, but is this regarded by the Government as good progress for something that they clearly support? Since this is a French-based organisation, does the EU join as a group, as one organisation, or do the individual EU countries join—and, if so, what is the progress with that?

I note that IALA will remain consultative. I move on to paragraph 7.6 of the Explanatory Memorandum, which says:

“Membership of IALA … will allow the United Kingdom to continue to play an active role”,


et cetera. This question is linked to my previous question. Did our withdrawal a year ago from the EU mean that we were put at a disadvantage in relation to this issue of international maritime safety? Did our previous relationship link in any way with our membership of the EU, and therefore leave us out in the cold somewhat? Was that an important—and very good—reason for wishing to join this convention as soon as possible?

[Lord Tunnicliffe (Lab)]

My Lords, I welcome the introduction of this instrument to help to facilitate and recognise the new International Organization for Marine Aids to Navigation. The Committee will be aware that this new organisation is a transition from the previous International Association of Marine Aids to Navigation and Lighthouse Authorities, which has functioned since 1957. First, given that only five other nations have ratified the related convention, can the Minister provide the House with an estimate of when the transition will be completed? Secondly, can the Minister confirm whether the support and resources given by the UK to the new organisation will in any way differ from the support and resources given to its predecessor? Finally, can the Minister briefly explain the UK’s strategic aims for engagement in the organisation, as well as related bodies such as the International Maritime Organization?

We fully support the work of the new International Organization for Marine Aids for Navigation, and I am therefore pleased to welcome this order.

[Baroness Vere of Norbiton (Con)]

My Lords, once again, I thank all noble Lords for their contributions to this short debate on this order. I particularly welcome the expertise of the noble Lord, Lord Greenway. It is very good to have somebody in the Room who has such expertise.

I will give a little more information on the timeline from the UK’s perspective. All being well and subject to the agreement of your Lordships’ House and it being passed at the other end—I cannot recall whether it has yet—this order will go to the Privy Council in February. This would be the ratifying document that will then go off to Paris at the end of February or in early March.

I am really pleased that the United Kingdom will join a good list of people—indeed, the noble Lord, Lord Greenway, has already mentioned the countries that have ratified or accepted the IALA convention. The other point to note about that is that it has also been signed by 20 different countries, too. The process is therefore well on its way. Looking down the list of countries that have already signed it, there are a large number of heavy hitters—ones we would really want to be associated with. The EU does not really have a locus here. There is no impact of EU withdrawal on this. Looking at the countries that have signed, we have Belgium, France, obviously, the Netherlands, and all sorts of different countries. I do not think that is a fruitful or relevant area to discuss further.

I agree with the noble Baroness, Lady Randerson, that we need to make sure we have an enthusiastic leadership role in the maritime sector. I know that the Maritime Minister is very keen that we do. We have a lot of expertise on maritime aids to navigation. The general lighthouse authorities will continue to represent the UK at the intergovernmental organisation when it is established. Any member state obligation, should it arise, will be met by the Department for Transport in the first instance with FCDO input. In essence, our involvement will not change too much in terms of resources. Indeed, we will save ourselves around £15,000 a year on subscription costs. That is clearly beneficial.

The noble Lord, Lord Berkeley, asked whether the Irish pay for their own lighthouses. Yes, my Lord, they do. The Governments of the UK and Ireland have an agreement that all work by Irish Lights in the Republic of Ireland is paid for by the Irish Government.

If there is anything else I will write further, because I am at the end of what I have been briefed to say, but I will check back through Hansard to make sure that there is nothing else. Otherwise, I beg to move.

Temporary Cycle Lanes in London

Lord Tunnicliffe Excerpts

Thursday 4th November 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I sense that the House is divided on this topic.

My Lords, well-designed cycle lanes and low-traffic neighbourhoods benefit everybody. Sometimes traffic increases, but evidence shows that the increase is temporary and short-lived as the traffic adapts. Of course, we must be cognisant of increased congestion if it occurs for a prolonged period—for example, as it did on the Euston Road. In that particular case, the cycle lane was removed.

[Lord Tunnicliffe (Lab)]

My Lords, given the conflict between the Royal Borough of Kensington and Chelsea and the mayor, and that all new transport schemes have winners and losers, has the Department for Transport provided adequate decision-making criteria for the resolution of interagency disputes?

[Baroness Vere of Norbiton (Con)]

The Government’s role in this is to ensure that the guidance relating to the network management duty is appropriate. We have reviewed and refreshed that guidance, and it does reflect the Government’s desire for local highway authorities to provide safe space for cyclists and pedestrians. It also sets out that boroughs need to consult and must give any scheme sufficient time to bed in before they think about removal.

Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021

Lord Tunnicliffe Excerpts

Tuesday 14th September 2021 Grand Committee

There is hope for the future, certainly in terms of smaller ships. There are fuels such as liquified natural gas, biofuels, green hydrogen—even electricity, because one company that operates on the Dover Strait has been looking at the possibility of an electric ferry running between Dover and Calais. All sorts of encouraging work is going on. As I said, the shipping industry has been fairly slow to react, but it is very much getting its act together now, and I hope we will see enormous improvements in future. In the meantime, I support the regulations.

[Lord Tunnicliffe (Lab)]

My Lords, I welcome the introduction of these regulations to implement the standards of the International Maritime Organization to limit air pollution emissions from ships. The specific provisions relating to sulphur and nitrogen oxide have been in place globally for some time, and the decision to transfer them to domestic statute should benefit our natural environment and health. With that said, these regulations must be paired with an overarching approach to air pollution that recognises the value of making maritime cleaner but also includes steps to limit emissions from other modes of transport.

I turn to the specific regulations, which relate to an international agreement from 2008. Why has it taken 13 years for that agreement to be implemented? Given that the Explanatory Memorandum suggests that consultation took place only during the drafting of the international agreement, can the Minister explain what steps the Government have taken to ensure that the maritime industry is aware of these regulations now being implemented? On a related note, can the Minister confirm whether the Government have made an estimate of how many ships in UK waters do not currently meet the provisions of this legislation?

Regarding the Government’s broader approach to maritime pollution, and given that it is now more than two years since the Government’s clean maritime plan, can the Minister confirm whether the UK is on track to zero-emissions shipping by 2050? What steps are the Government taking to meet the ambition for all new vessels to have zero-emissions capabilities by 2025?

Finally, on the wider question of air quality, the Government’s transport decarbonisation plan published in July showed that they are still stalling when it comes to the tough decisions on transport emissions. There have been no sectoral deals with conditions on climate action. There have been deep cuts to electric vehicle grants. No serious steps have been taken to encourage people on to rail through cheaper fares. I welcome the legislation and any other steps that would improve air quality, but if the Government are committed to this principle they need to do much more to support cleaner transport.

[Baroness Vere of Norbiton (Con)]

I thank all noble Lords for their contributions to this short debate. I appreciate their support—if occasional qualification thereof—for these regulations. The problems really lie in matters beyond these regulations, which I think make sense to the Committee. I shall cover a few things that were mentioned, and I shall start off by outlining a bit more of the context. Air quality is one of our top priorities. That is what these draft regulations do, although to a certain extent they are belt and braces; they fill in some of the gaps in the regulatory framework and enforcement regime that exist in a more global fashion for the shipping industry as a whole.

Maritime pollution emissions are very important. As noted by the noble Lord, Lord Greenway, in 2016 domestic shipping—shipping specifically within the UK—accounted for 11% of the UK’s domestic NOx emissions, 2% of PM2.5 and 7% of sulphur dioxide. That is quite a significant proportion for an industry that is fairly small—but, as the noble Lord, Lord Greenway, pointed out, incredibly important. The department is working closely with Defra to develop more detailed information on emissions from shipping in order to assess the impact of air pollution prevention measures implemented since the comprehensive study carried out in 2016. In addition, international shipping emissions are significantly greater and have a significant impact on air quality in the UK, from ships both in shipping lanes and while they are at UK ports.

The Government recognise that pollutant emissions from international shipping have an impact on public health and the local environment. Our national targets for air quality include this impact. We work incredibly closely with the International Maritime Organization to address pollutant emissions by UK-flagged vessels and those within UK waters, as well as globally.

Reductions in air pollutant levels are closely linked to reductions in levels of greenhouse gases, as noted by the noble Lord, Lord Tunnicliffe, and the noble Baroness, Lady Randerson. As they will both know, the Government remain fully committed to our 2050 net-zero target for domestic shipping. This is designed to address both greenhouse gases and pollutant emissions from shipping. Just earlier this week, we announced that we will push for zero-emissions targets for international shipping, to challenge the international community collectively to deliver a Paris-compliant outcome when the IMO renegotiates its strategy for climate change in 2023.

Furthermore, we have continued to make good progress on the commitments we set out in the clean maritime plan, which was published in 2019, that by 2025 all new vessels for use in UK waters are going to be designed with zero-emissions capabilities and that by 2035 zero-emission maritime fuel infrastructure, known as bunkering, is widely available across the UK. We are doing this by providing £1.4 million-worth of funding for a competition for innovation in clean maritime. We have established the marine emissions reduction advisory service as a function of the MCA’s future technologies team, undertaking research, considering the role of maritime clusters in delivering clean innovation and growth and exploring the inclusion of the maritime elements in the renewable transport fuel obligation as part of a public consultation.

Building on the clean maritime plan, the Prime Minister’s 10-point plan in November 2020 announced up to £20 million for a clean maritime demonstration competition to develop clean maritime technologies. If we know one thing from the excellent speech from the noble Lord, Lord Greenway, it is that at the moment we are not quite sure what technology will win out in shipping. It is one of those areas that would be harder to reach by battery electric and therefore we need to look at other alternatives, whether that be low-carbon fuels or hydrogen combustion engines. It could be all sorts of different things, and that is why the Government are very much focused on what we can do to support the market to develop the solutions and then be able to support those which are most appropriate for commercialisation.

Turning to some of the issues in the regulations themselves, I think it was the noble Lord, Lord Tunnicliffe, who asked how many ships this would cover in the UK—the UK-owned ships. I do not have that information, but I can say that the additional cost to UK-owned ships that operate only domestically is estimated to be around £2 million a year following the introduction of these regulations. I will see if I can find out more information as to what that would mean per vessel.

In terms of engagement with the industry, the department discussed the draft regulations with the UK Chamber of Shipping and fuel suppliers to consider the impact. We did not carry out a formal consultation on the draft regulations. As the noble Lord, Lord Greenway, pointed out, the measures were well-known within the maritime and fuel supply sectors so there is nothing novel about the implementation of international requirements. It should also be noted, of course, that these regulations were published in draft back at the end of May because they are part of the enhanced security arrangements relating to amendments made to legislation under Section 22 of the European Communities Act. We had no feedback at all from industry stakeholders on the documents following publication, therefore we were reassured that industry fully understood what was coming down the track.

Turning to the point raised by the noble Baroness, Lady Randerson, we will take this on the chin. We recognise that there is an issue here and we will work very closely with the Secondary Legislation Scrutiny Committee to keep it updated with our backlog of legislation. We thank it for its work and for working with us on this. Minister Courts, the Maritime Minister, wrote to the committee on 5 July. I am sure the noble Baroness will have seen the letter. I have various lists of Sis, but I do not think it will be helpful if I read them all out. I might try to put it all in a letter afterwards. The latest stats I have are that there are 43 maritime statutory instruments to be delivered. We are prioritising those that are safety critical or that implement the IMO standards. We have done 13 to date. We have another nine for completion between now and early 2022 and then 21 instruments in 2022 and 2023. I think we can probably do better than that. I also happen to know that the SLSC has been back in touch with the DfT—and rightly so—to have yet another conversation with us about our legislative programme. We will, of course, be as open as we can. We are doing our best to prioritise legal resources. I am going to be honest with noble Lords that legal resources are stretched across government at the moment. It is not just a DfT issue, and we obviously have to work within what we have.

I will not say more on enforcement now; I would rather write, because what I have pretty much says what I said in my opening speech, and I am not entirely sure about this. However, I will go back and look at Hansard to see whether we can provide more information about specific things relating to enforcement and the gaps we are filling in.

It has been a pleasure to be back in real life discussing SIs in the Moses Room—I have missed it. It is also apt that we are having this debate during London International Shipping Week. I know that the noble Lord was a bit of a Debbie Downer on the role of the UK in international shipping, but I have to say that London International Shipping Week is an amazing event. We are able to bring together some of the leading people from the sector. I, for one, feel that the last one I was at, two years ago, was a great success, and I am sure that this one will be too. However, back on the regulations for the time being, once again, I commend them to the Committee.

Space Industry (Appeals) Regulations 2021

Lord Tunnicliffe Excerpts

Tuesday 29th June 2021 Grand Committee

[Lord Tunnicliffe (Lab) [V]]

My Lords, the instruments debated today intend to support the establishment of a UK spaceflight programme, and I am sure the whole House will want to wish it the best of luck. The legislation enables the licensing and regulation of spaceports, control services and the flights. While I will come later to the specific provisions of these instruments, it would be helpful first to consider the wider intent of the programme.

For almost 70 years, the UK Government have sought to facilitate satellites and space travel through various civil programmes, but this one, enabled by these regulations, differs from them all. While most of its predecessors aimed, at least in part, to satisfy curiosity and accrue human knowledge, the primary mission of this programme is economic growth. Given the prospect of commercial space travel, the Government are right to consider how the UK can benefit.

However, my concerns relate to a lack of ambition—first, to use the economic growth for transformational purposes and, secondly, for what space travel can achieve beyond economic growth. On the first point, the government support for future industries should seek to support new high-quality jobs across the UK, but there is no strategy behind this programme for doing exactly that. The space programme will, we hope, generate high-skilled jobs and economic prosperity, and the effect of both should be felt across the UK and utilised to address regional inequalities.

On top of this, no steps seem to have been taken to ensure that the UK’s space industry benefits the wider supply chain in the United Kingdom. Can the Minister confirm how the Government will ensure that any prosperity resulting from the programme is felt across the nations and regions of the United Kingdom? Can she also confirm what steps the Government will take to ensure that UK steel is used in the development of the UK’s space industry?

On the second point, although we all recognise that the UK space industry can bring enormous economic benefits to the UK, I hope the Minister will agree that the UK’s role in space travel should not be limited to strict commercial interests only. Space travel and exploration can allow research to take place for endless purposes, such as biomedical and climate advancements. Can the Minister detail how the UK space industry will support scientific research?

There are several areas of the regulations on which I would appreciate clarification from the Minister. As she explained, the first three instruments implement the Space Industry Act; I will refer to each briefly.

The first instrument deals with appeals. Much of it is focused on appeal panels and their functions. Can the Minister confirm the total estimated budget for these activities? Also, can she confirm whether the appeals procedure has been developed with any representatives from the space industry?

The second instrument, which is the most substantive, assigns the Civil Aviation Authority as the regulator. Can the Minister confirm whether it will have any additional budget? Further, do the licensing arrangements reflect similar ones in countries with similar space industries?

The third instrument relates to accident investigation. I would be grateful if the Minister could confirm why it has not been introduced as primary legislation, given its broad scope and provisions.

Finally, on the contracting order, can the Minister explain to the Committee whether any preparations have taken place to assign these functions prior to the commencement of the legislation?

As I said, I wish the UK satellite programme the best of luck. We all want it to succeed but, given the incredible potential for the industry, I hope that the Minister will recognise the enormous possibilities. Prosperity generated must be used to support other industries and benefit regions that are often ignored. Further, the Government must be alert to opportunities to use space travel for research and scientific purposes. I hope that the Minister can provide clarification on my questions and assure the Committee of the Government’s wider intentions for the industry.

Transport Decarbonisation Strategy

Lord Tunnicliffe Excerpts

Wednesday 19th May 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, that is an excellent point. I will go away, find out and write to the noble Lord.

[Lord Tunnicliffe (Lab)]

My Lords, despite success in introducing hybrid buses in London, outside London 95% of buses in England are still diesel-powered. What will the Government do to introduce hybrid and zero-emission buses and rectify these disappointing figures?

[Baroness Vere of Norbiton (Con)]

My Lords, the Government are extremely ambitious in this area. We are not even bothering about hybrids—we are going straight for zero-emission vehicles. As part of the £3 billion announced prior to the bus strategy, we will invest to support 4,000 zero-emission buses across the country. In this year alone, we will invest £120 million in zero-emission vehicles, which we expect to support 500 buses. This is in addition to the £50 million we are giving to Coventry for 300 buses. We are making a good start. There is a way to go, but we will have supported 4,000 buses by the end of this Parliament.

Hitachi Rail: Rail Travel Disruption

Lord Tunnicliffe Excerpts

Wednesday 19th May 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am not aware that we have made an assessment of journey times but, given that the timetables are pretty much back to normal, albeit with fewer services, I expect that the journey times are probably about the same. With regard to the lessons that we have learned, I refer the noble Lord to my previous answer about the report that the ORR is preparing on this. I am sure that all noble Lords will look at that with interest.

[Lord Tunnicliffe (Lab)]

My Lords, as part of the reintroduction of Hitachi 800 trains, it has been reported that the recovery plan developed with the Office of Rail and Road includes a forward repair plan to ensure their long-term safety. Can the Minister confirm how long this plan will take?

[Baroness Vere of Norbiton (Con)]

Unfortunately, I cannot confirm that at the moment, because the forward repair plan is still in development. It may help noble Lords to understand that the fix is straightforward; the problem is that it uses very high temperature welding, which means that there is a lot of disconnection and reconnection to be done. So the process is quite complex, but the fix is fairly straightforward. There may be ongoing limited disruption to passengers, but there will be certainty as to the amended services offered. We do not expect many short-notice cancellations.

Transport: Zero Carbon Target

Lord Tunnicliffe Excerpts

Tuesday 27th April 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

It is probably above my pay grade to try to reorganise government from the Dispatch Box, but the noble Lord is absolutely right that numerous government departments have a very strong interest in what we are doing. For example, the Department for Transport will publish its transport decarbonisation plan in the coming weeks. As part of that, we will set out what we will do when it comes to hydrogen technology. Subsequent to that, BEIS will publish the UK hydrogen strategy, which will of course talk about how we can focus on the low-carbon production of hydrogen. We are capable of working together across departments and are doing so well so far, but the noble Lord may be right; something may be set up in future.

[Lord Tunnicliffe (Lab) [V]]

My Lords, despite recent progress on transport electrification, heavy goods vehicles remain difficult to electrify due to their weight. The Climate Change Committee has recommended a 2040 ban on diesel heavy vehicles. Will the Government act on this recommendation?

[Baroness Vere of Norbiton (Con)]

I agree with the noble Lord; heavy goods vehicles will be one of the harder-to-reach elements for us to decarbonise. It could be that hydrogen plays a much bigger role for HGVs. We are about to consult on the date for starting to phase out the sale of diesel HGVs, and recently launched a £20 million trial of zero-emission road freight vehicles that will look at hydrogen and battery electric. It will also look at catenary systems to see whether they might work. All in all, it will advance research and development on all low-carbon fuel sources for HGVs.

Air Traffic Management and Unmanned Aircraft Bill [HL]

Lord Tunnicliffe Excerpts

Consideration of Commons amendments & Lords Hansard
Tuesday 20th April 2021 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, I do not intend to detain the House for long with my explanation of these amendments, save only to note that the Bill had a relatively incident-free passage through the other place, which I, to a great extent, attribute to the careful consideration it received in your Lordships’ House.

The Bill has returned to enable consideration of two minor amendments made in the other place. The first is Commons Amendment 1, which removed the privilege amendment, as is the norm in these cases. The second amendment—here is the mea culpa—will correct an omission, or an error if you must, in the Bill that resulted from government amendments made in your Lordships’ House on Report.

If I may explain: Schedule 8 provides the police, the Civil Nuclear Constabulary and custodial institutions with the powers they need to protect the public from the unlawful use of unmanned aircraft. Paragraph 5 of Schedule 8 sets out the meaning of “relevant unmanned aircraft offence”. Prior to the government amendment made in the other place, the offences in the Air Navigation Order 2016—ANO 2016—included in this definition were summary-only offences. In relation to Scotland, this definition should also include offences in ANO 2016 that are triable either way or on indictment. These offences were included in the definition of “relevant offence” in the Bill as introduced in January 2020. They were inadvertently omitted—that was the error, for which I apologise—by the government amendments tabled on Report in the House of Lords when the provisions setting out the definitions that apply in relation to the power to enter and search under warrant and the supplementary power to retain anything seized were restructured. If not moved, there would be no power for a justice of the peace, summary sheriff or a sheriff in Scotland to issue to a constable a warrant to enter and search premises in relation to offences in the ANO 2016 that relate to unmanned aircraft and can be tried under indictment. The supplementary power for a constable to retain items seized using powers in Schedule 8 for forensic examination, for investigation or for use as evidence at a trial would also not apply in relation to these offences.

The policy intention of the Bill remains unchanged and this amendment will not add any offences or powers not already in the Bill as introduced in January 2020. With humility and apologies from the Department for Transport, I beg to move.

[Lord Tunnicliffe (Lab) [V]]

My Lords, I am pleased to support the Commons amendments as technical changes necessary for the functioning of the Bill. The aviation industry is critical to the UK economy, and since any recovery will no doubt be prolonged, I hope the Bill will provide legislative backing for a modernisation strategy that supports that recovery. Any restructuring must be supported with a transitional strategy, for workers and our regional economy, that capitalises on the opportunity to grow industries in green technology. I look forward to the House revisiting this in the future. I am grateful that the noble Baroness, Lady Vere of Norbiton, has engaged with the Opposition Front Bench during the passage of the Bill. I also thank all those from across the House who have taken part in its stages.

[Lord Bradshaw (LD) [V]]

My Lords, I too would like to thank the noble Baroness, Lady Vere, for her gracious apology on behalf of the department for its omission. Of course, I accept that the amendments are necessary and, like the noble Lord, Lord Tunnicliffe, I thank all the people who have been associated with the Bill during its fairly long passage. I hope it may now pass into law.

Operation of Air Services (Amendment) (EU Exit) Regulations 2020

Lord Tunnicliffe Excerpts

Tuesday 26th January 2021 Grand Committee

[Lord Tunnicliffe (Lab) [V]]

My Lords, I welcome the introduction of this instrument to transfer EU regulations into UK statute and to ensure continuity in relation to airlines and their operating licences. Of course, there is much work to be done to ensure that airline finances are more resilient, but this instrument is none the less a welcome contribution towards that. On that note, considering that part of these regulations relates to insolvencies of suppliers of ground-handling services, can the Minister update the Committee on what steps the Government are taking to avoid insolvencies in the near future?

Moving on to the instrument itself, the Minister will recall that, in November 2020, the European Commission stated that the periods for which the previous provisions apply will be extended by 12 months until 31 December 2021. Do the Government expect the European Commission to extend the timeframe further, beyond the current deadline—and, if so, will the UK extend the timeframe to reflect this? In regard to the drafting of this specific instrument, I am pleased that the Government have stated that the CAA supports these regulations. Can the Minister confirm who else the Government have consulted as part of the drafting of the regulations?

Finally, looking to the future operation of regulations in this area, can the Minister detail how the Department for Transport is currently engaging with the European Commission to support airlines? Does the Minister expect the European Commission to introduce any further provisions in this area? As I said, I welcome the introduction of this instrument and I am pleased that the Government are seeking continuity for airlines.