(1 year, 9 months ago)
Commons ChamberI entirely agree with everything the hon. Gentleman is trying to do to increase seafarers’ rights and raise standards. Does he accept that the maritime sector is by its nature complicated, interlinked and international? We ought to be addressing the specific instances that occurred here, because it is technically an international voyage through the short straits, while doing the wider international work in slower time, crucially through the International Maritime Organisation, rather than seeing the unintended consequences that there might be if the Bill were roughly drafted.
I thank the hon. Gentleman, the former Minister, for all his work in this area. I know that he was extraordinarily committed and was as upset as everyone else in this House—he put in a hard stint as Minister for aviation and maritime. He is right that the sector is complicated, interlinked and international, but that should not stop us doing the right thing. If seafarers are here, they are here. That is why we are pushing for 52 port calls, and we genuinely believe that that is the way to strengthen this legislation, but I thank him for his intervention.
Turning to amendments 39 and 49 that appear in my name and those of my colleagues, it is vital that the terms and conditions collectively bargained for are upheld. There are currently seafarers who are paid more than the equivalent of the national minimum wage, and we would not expect those in receipt of this pay to enter a race to the bottom. Good employers, of which there are some in the sector, are already paying above the UK national minimum wage, and we seek to ensure that pay and conditions for their workers are protected, not dissembled or undermined by provisions contained within the Bill. In addition to maintaining the Bill and the conditions of individual seafarers, these amendments would reassure other countries, such as France, Belgium, and Ireland, with which we are seeking to make bilateral agreements, that we are not undermining them, which would make negotiations easier.
Amendment 40 is designed to shore up previous provisions under regulations, which extended the entitlement to be paid above the national minimum wage to those working in the offshore gas and oil sector bound by the UK continental shelf, which extends 200 miles from the coastline of the UK. This amendment equalises the basic rights of seafarers in the UK offshore energy sector, which we know will be a growth industry of the future. The Government and the offshore wind industry cannot rely on the good will of individual developers to commit to voluntary schemes such as the real living wage.
Failing to support this amendment would highlight not one, but two anomalies within the Bill. First, any seafarer who works out of a UK port to an offshore oil or gas installation and then returns to the UK port will not be entitled to the protections offered by the Bill. As we move towards a just transition and increased reliance on offshore wind, we must ensure that those who work in the energy sector are protected. We must future-proof future industries—it makes no sense to do that retrospectively.
Secondly, any seafarer working from a UK port to an installation on the UK continental shelf and returning to a UK port is already entitled to protection of the national minimum wage, regardless of the flag of the vessel or their nationality. That is entirely as it should be. The Government must act as soon as possible to correct the lack of this protection for all seafarers, regardless of nationality or flag of vessel, working in the UK exclusive economic zone. Let us get it right first time for current offshore oil and gas workers and for future workers in offshore sectors that we know will become increasingly important as we head towards cleaner, greener energy. The exclusion of offshore energy workers from the legislation seems short-sighted.
Importantly, amendment 41 would enable the House to consider and approve regulations that may be made under the powers of the Bill; whether that is opening regulations up to further scrutiny in relation to the definition of work in the UK, regulations related to accommodation charges levied upon them, which could lead to earnings falling below the national minimum wage, or regulations related to surcharges, all should be brought before the House so it can affirm them. It is National Apprenticeship Week. We need to build on the work the Maritime Skills Commission is doing on ratings and cadet training to ensure growth in decent seafarer jobs in this country. Wider employment protections and fair pay agreements are part of that future.
I am grateful, as I said, to the Minister for moving on the harbour surcharges and for clarifying that the surcharges will be used for seafarer welfare. That is really welcome. Ports and seafarers all around the country will be affected by the Bill, so it is vital that the Bill is right. We have worked hard to ensure that the concerns of seafarers are heard, as voiced by their unions, the RMT and Nautilus, who I thank for their energy and expertise on this Bill. We need this Bill to be as robust as possible, and have sought to amend it where possible to ensure that. I thank the staff of the House and Members from across the Chamber for all their hard work on the Bill.
(2 years, 9 months ago)
Commons ChamberHaving failed to secure a sector-specific deal from the Treasury, the industry is recovering much more slowly than our international competitors, and now we have the spectacle of an unholy row between airlines and airports on landing charges. With the new rules on slots, we have the prospect of planes flying empty or with half loads. Industry leaders tell me that the Secretary of State has been missing in action, but he has been busy shoring up the beleaguered Prime Minister’s whipping operation—we would like to thank him for that. Is it not time for the Secretary of State to step up to the plate when it comes to aviation?
The Secretary of State and all members of the Government have been in constant contact with the aviation sector, and it is through that that we have been able to tailor our response. We have given £8 billion of support to the sector. The airport and ground operations support scheme is on top of that, and there is the aviation skills retention platform. The Government wholeheartedly support the aviation sector, particularly in getting it flying again.
(3 years ago)
Commons ChamberMy hon. Friend is absolutely right. I am aware of that engine that is being developed; in fact, I believe that my right hon. Friend the Secretary of State went to see it only this week. There are a number of exciting technologies with new aerospace advancements including sustainable aviation fuel that will deliver precisely the guilt-free flying that my hon. Friend refers to.
We have an analogue airspace system in the digital age; the Minister is right in what he says. With the better ascents and descents of planes and the elimination of holding patterns, we will not only improve noise abatement but cut carbon emissions by up to 26%, as he rightly said. This is the lowest of the low-hanging fruit when it comes to the climate crisis, so can the Minister tell us what he is personally doing and how he is talking to the industry to unlock the funding we need to enable this programme to continue?
The hon. Gentleman is quite right. There are a number of aspects to decarbonising aviation. There are the existing efficiencies as well as sustainable aviation fuel and the £180 million that we have recently announced on that. Then there is the longer-term but still rapidly advancing technology that was referred to earlier. He is also quite right to talk about airspace modernisation, and the Air Traffic Management and Unmanned Aircraft Act 2021, which was put through in the last Session, was a major part of that. It gives the Government extra powers. After the pause that took place during covid, we have given £5.5 million for the future airspace strategy programme, which is taking place as we speak.
(3 years, 2 months ago)
Commons ChamberI can absolutely commit to that. It is vital that we work with all elements of the maritime industry to accelerate the transition to net zero and to take advantage of the very real opportunities for green growth. Both the British Ports Association and the UK Major Ports Group are represented on our clean maritime council, and I and my officials regularly engage with the trade associations and individual ports on environmental issues.
I agree with the hon. Member for Truro and Falmouth (Cherilyn Mackrory) that fantastic projects are under way across the UK, including in her constituency, to get the maritime sector down to net zero. There is, however, a significant funding gap when it comes to making these developments a reality, and the Government, despite their record, have not done anywhere near enough to address the significant investment shortfall compared with other maritime nations that we compete with. Does the Minister agree that it is imperative that our vital maritime sector gets the support it needs? Will he commit to addressing that and providing the necessary funding to support the research and innovation that is required?
I agree with the hon. Gentleman about the importance of decarbonising the maritime sector, but I cannot agree with him about the Government investment. We have invested £20 million in the clean maritime demonstration competition. That seedcorn funding will help to develop the technology that we will be using. It is the largest technology competition ever run by the Department for Transport. I am very glad that next week we have London International Shipping Week, which is the flagship event of the maritime year. We will be able to see the glories of the UK’s maritime industry next week, and I look forward to seeing the hon. Gentleman there.
I thank the hon. Member for that question, which I know is something that matters a great deal to her constituents. We are looking to address the problem she raises, and I will be able to give her some further detail on that shortly.
Eighty-one thousand people working in air transport are currently on furlough, including approximately 2,200 in my constituency, which covers Manchester airport. Even in non-airport seats such as that of the Secretary of State, just short of 300 souls face the axe in less than a month’s time. Furlough is due to end three weeks today, and if the Government continue to restrict the market in some sort of latter-day corn law way, they have to make a choice: either open up the market, or put in a sectoral deal. Which is it going to be?
The hon. Gentleman is right to raise the importance of the air transport industry and the travel industry more generally, not just to his constituents but to all our constituents. That is certainly the case for my constituents, and I am acutely aware of it. The best way to support them all is to do what we in the Department for Transport are hard at work doing, which is to safely reopen international travel. Since we last spoke, on 2 August we expanded quarantine-free travel to passengers from the European Union and the United States. We are working to expand that further, and will continue to do so.
(3 years, 5 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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The shadow Defence Secretary; I am grateful to him for correcting me. That is the confused position of Labour: simultaneously calling for the travel sector to be opened up while at the same time arguing to scrap the amber list, which would damage the sector. I hope Labour Members will forgive me for saying that they are not in any position to give lessons to the Government about how to manage this when their party’s position is changing by the day.
The right hon. Member for Exeter gave a reported comment from someone. Provided that is the case, Labour’s position is changing by the day.
In any event, the Joint Biosecurity Centre produces risk assessments of countries and territories for the traffic light system, so it is data-driven. Sometimes difficult decisions have to be made, which are guided by the information given by the JBC and then made by Ministers. A summary of that is published on the website, alongside the wider public health factors that we have to take into account.
The right hon. Member for Exeter made a powerful speech. I entirely share his passion for international travel and I have the greatest respect for him. I know he will understand that, at a time like this, the Government have to take difficult decisions. We are in the early stages of a return to international travel, and as the data allow, we will look to open up international travel as it is safe to do so, but it must be safe, it must be sustainable and it must be robust. We have to accept that travel may not be quite the same this year. I say that because it is so important that we do not throw away the hard-won steps we have taken.
Thanks to the sacrifices of the British people, we have been able to get to the stage that we are at now. I accept that the approach is cautious, because it is meant to be robust. These have been difficult times, but none of us wants to go backwards, for the reason that the hon. Member for Wythenshawe and Sale East said at the beginning of his speech, when he reminded us of the cost of covid.
(3 years, 8 months ago)
Commons ChamberThis is a Government who stand foursquare behind aviation, which is a real mark of global Britain. As I said, we have seen approximately £7 billion-worth of support going to the aviation sector. Through the global travel taskforce we will be expanding horizons even further. Most recently, the consultation has been announced on air passenger duty, which I note has not happened in Scotland.
The Minister is strong on rhetoric, but weak on delivery. First, I thank the Secretary of State for writing to me to correct the record after our previous exchange and confirming how few times the Jet Zero Council had actually met.
On this global travel taskforce, the ONS says, as my hon. Friend the Member for Denton and Reddish (Andrew Gwynne) pointed out, that it will take three years for the sector to recovery. The Airport Operators Association is saying five years. What assurances are there that what the workstreams produce—are there any going on at the moment and is it meeting?—will be robustly implemented? We have not seen that so far with other announcements by this Government.
(3 years, 9 months ago)
Public Bill CommitteesIt is a great pleasure to serve under your chairmanship, Sir Charles. Clause 1 provides a definition of “airspace change proposal”, which is referred to in clauses 2 and 3. An airspace change proposal is a proposal that
“relates to managed airspace or the flight procedures or air traffic control procedures used within it”
and which is submitted to the Civil Aviation Authority for approval. The powers in part 1 of the Bill will provide vital support for a modernisation of our airspace, helping to make journeys quicker, quieter and cleaner, and to maintain the UK’s position as a world leader in aviation. Clause 1 is required in order to provide clarity on what is within the scope of the Secretary of State’s powers to direct, which we will come to under later clauses in part 1. I therefore beg to move that this clause remain part of the Bill.
I concur with the Minister: it is a pleasure to serve under your chairmanship, Sir Charles.
This country has a world-class aviation sector—the third largest on the planet. We want to protect that, grow it and make it better. We also want to facilitate the study of STEM subjects—science, technology, engineering and maths—for all our young people who want to go in for it. We will get past this pandemic and we will keep our eyes on the horizon, and I think that this legislation will help us to do that.
We are discussing airspace modernisation in the UK. Our airspace is an invisible part of our vital infrastructure. It was originally designed in the 1950s and ’60s and therefore needs urgent modernisation. In fact, we now have an analogue system in a digital age. It needs to be upgraded. We support that ambition, and I know that the Minister is keen on that ambition as well.
In the other place, my noble Friend Lord Rosser pointed out that not only has airspace provision not been updated in this House since the ’50s or ’60s, but the provision for drone technology—my hon. Friend the Member for Ilford South will deal with that when we get there—has not been updated since the Aviation and Maritime Security Act 1990, and he pointed out that that is closer to Yuri Gagarin’s first trip into space than it is to today. For the record, I point out that when Yuri Gagarin was the first cosmonaut, or the first human to enter the cosmos, on 12 April 1961, he came to the UK in July that year and landed at Manchester airport in my constituency. He was invited by the Amalgamated Union of Foundry Workers. He visited their offices in Moss Side after he landed in my constituency and then went on to a civic reception at Manchester Town Hall. Members can tell that I am a Mancunian to the core, so I wanted to get that on the record.
We currently have the covid crisis and there is limited air traffic, but we need to ensure that our airspace—our infrastructure in the sky—is fit for a post-pandemic world. By simplifying UK airspace, we make it more efficient, it will deliver more precise and more direct routes, prevent rising delays and reduce congestion, and, more importantly in this eco-friendly world, it will become more sustainable. The Airport Operators Association is concerned about the lack of definition in the enforcement power in the clause. Although the Government have presented this as necessary for the implementation of airspace modernisation, a current or future Secretary of State could use the power for other airspace-related purposes.
I therefore again raise my concern, as I did on the Floor of the House last week, about the scope of the powers attributed to the Secretary of State for Transport by the clause. I understand that the Minister has engaged with the AOA over its concerns. Despite his assurances about the duty to consult—there is a robust appeals process—I still have misgivings as to why the Bill should not simply have a specific definition of the powers. I therefore ask the Minister to consider this matter and perhaps explain to the Committee why that has been omitted.
I am grateful to the hon. Gentleman for making those points. He is absolutely right to set this in an historic context, because this is an historic piece of legislation that updates an historic legacy airspace environment, and of course makes it fit for the new technology that we will discuss later. It will make a simpler, more efficient airspace.
Turning to the hon. Gentleman’s specific points on enforcements powers, his concern is that a future Secretary of State might use them for other airspace-related purposes. Any Bill has to be a balance between enabling the flexibility of the Government to take the steps required. Airspace in particular, as we will discuss when we come to drone technology, is in the vanguard of technological change, so there has to be an element of flexibility built in. I refer the hon. Gentleman and the Committee to the safeguards that exist within the remainder of this part of the Bill. I will stray from this clause in so referring to them but, with your permission, Sir Charles, I will briefly deal with them, and we will come back to them later when we get to clause 7.
There are, for example, some requirements in advance of the safeguard ever being used. It is intended to be a last resort if the airspace change is not progressed voluntarily. That is the Government’s initial intention. It is therefore to be limited, certainly at the outset. It is meant to be within the context of the CAA’s airspace strategy. The CAA’s oversight team is to work with airports before it recommends to the Secretary of State that the power is used. It is not intended to be used where there are factors outside the airspace sponsor’s control. So my first point is that before we ever get to the stage of the Secretary of State using his powers, there are numerous steps that ought to be taken in advance.
The Secretary of State’s reasons for so acting under clause 4 are expected to be in writing and are published, so there is democratic and press scrutiny of any such decision. We will come to clause 7 and enforcement and appeals in due course, but I will briefly refer to them now to address the point that the hon. Gentleman made. There are grounds for an appeal to the Competition Appeal Tribunals: an error of fact that the decision was wrong in law, or discretion was exercised, but an error was made in the context of that discretion being exercised. This is a balanced act. There is a considerable amount of consultation or engagement in advance, and various safeguards are built in, which are very much on a par with what we seek in other regulatory spheres. For those reasons, I submit that no further definition is required.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
This clause gives the Secretary of State the power to direct a person involved in airspace change, following the consultation I referred to a moment ago, to prepare or submit an airspace change proposal to the CAA or take steps to obtain its approval following submission or to review its operation following implementation.
These powers will ensure that airspace change proposals that assist in delivery of the CAA’s airspace strategy can be taken forward if a sponsor does not do so voluntarily. We intend the powers to be used, at least initially, to deliver changes identified in the airspace change masterplan, as the intention is for this to be incorporated into the CAA’s airspace strategy. This will ensure that airspace modernisation can be achieved to deliver quicker, quieter and cleaner journeys.
Without this clause, the Secretary of State would not be able to ensure that airspace change proposals identified as being important in helping to deliver the CAA’s airspace strategy are taken forward. That would mean that an airport could hold up other airports if their airspace change proposals were interdependent, as many are and would be. The full benefits of modernisation would therefore not be realised without those powers.
This takes us to the crux of the Bill. Upgrading UK airspace is a complex process at the best of times and in normal times, but we do not have normal times. It has to be paid for and delivered by the industry. While we support that, national air traffic control is responsible for modernisation of the en route network. Airports modernise approach and departure routes in their local airspace, through a process set out by the Civil Aviation Authority publication CAP1616. As modernisation is complex, particularly in the south-east of England, where there are high levels of interdependence between airports sharing the same airspace, the industry is committed to working to a masterplan. We know that the process is managed through the Airspace Change Organising Group, with oversight from the CAA, the DFT and, therefore, the Minister.
The pandemic has caused some of this work to slow down, which is my concern. The Minister knows that I have pushed him on this publicly and privately. Airports in the UK are close to mothballing at the moment—I am not going to be critical. We have asked for an aviation-specific support package, and I know that the Government have given some packages to airports and airlines, but we know they are in big trouble. They are huge capital assets that are bleeding cash as we speak and getting no passengers through, which is their key revenue. They are now beginning to shut down their airspace change teams—if not today, then in the next few weeks, if the Government’s package does not come through.
The Airspace Change Organising Group is still waiting for the funding promised last year by the Chancellor to continue its work. Without that, the modernisation of the UK’s airspace, where we have the third biggest industry on the planet, world beating and world leading, will fail. The impact of covid on the industry’s finances makes paying for the programme even more difficult. The Airport Operators Association has suggested that the Government should consider helping out with the costs, as airports lead the way for our UK economy out of the pandemic.
The Minister and I share the same enthusiasm for this, and we both agree that there is an urgent requirement for airspace to be modernised in order to achieve the environmental, noise and operational benefits. Therefore, I cannot see how the Bill will ensure that will happen. How can this clause ensure that Government direction will be followed when the sector simply does not have the means to pay for it currently? That is my main point for the Minister today.
Clearly, the Government recognise the great challenge that the aviation sector faces at the moment. I will not rehearse the wide economic measures that the Government have undertaken in order to support all businesses—I know that the shadow Minister is aware of those and I would drift a long way from the purpose of the Bill if I did rehearse them. However, I will refer to the business rates relief that we introduced recently, and I will observe that, although covid is clearly having a substantial impact on the industry, aviation will recover in the long term. It will remain a central part of the UK—of its trade policy, its strategy and its place in the world. It is a successful—indeed, world-leading—industry, as the hon. Gentleman quite rightly referred to it, and I am confident that it will return to that place in due course.
It is a long-standing policy that those who benefit from an aviation policy—air passengers—ought to pay for it. It is therefore right that we continue that policy within the context of the Bill. However, in the event that there are some aspects in relation to which the Government might consider taking an alternative view when looking for the ability to fund airspace change, the ability to fund will need to be taken into account in deciding whether or not to give such a direction, because that is what we are dealing with here—whether the Secretary of State directs that an airport should bring an airspace change forward. The Secretary of State will continue to consider the ability to fund as a part of that process.
The Government recognise that there may be occasions when small airports require financial assistance to carry out some aspects of an airspace change proposal. We would expect the CAA’s oversight team to work with the airport operator before recommending that the Secretary of State use those powers in the first place with regard to an airspace change proposal. If at that time the airport operator expressed concern that it did not have sufficient funding for it to proceed with a particular proposal, we would expect that oversight team to suggest alternative solutions.
There are a number of possible alternative solutions, and I will quickly refer to them: an alternative sponsor might pay for the changes; or there might be alternative funding support; or there may be, on a case-by-case basis, Government funding under section 34(1)(b) of the Civil Aviation Act 1982, if an ACP were to have an adverse financial impact. We are a long way away from that circumstance, as there are a number of steps that we could take in due course. In any event, the funding—the payment basis—would be taken into account before it is directed that those powers are exercised.
I thank the Minister for that response. I think that we will have numerous conversations in the months ahead about the mechanisms, which he has quite rightly outlined, that he can use to bring forward the airspace modernisation programme. We must not fail on this programme, because it is vital for the industry, including for its confidence as we bounce back post pandemic, hopefully later this year. I will continue to hold the Minister’s feet to the fire on this issue, if he does not mind—and I will do so even if he does mind.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
Clause 3
Direction to co-operate in airspace change proposal
Question proposed, That the clause stand part of the Bill.
This clause gives the Secretary of State a power to direct a person involved in airspace change to co-operate with another person involved in airspace change. This direction might be needed if, for example, the original sponsor was unable to progress an airspace change proposal, so that someone else agrees to progress it but requires assistance from the original sponsor in order to do so.
Without the clause, an ACP that was identified as being important in delivering the CAA’s airspace strategy may not be taken forward if the original sponsor is unwilling, or unable, for any reason—such as those we have touched on already, or for other reasons—to take the ACP forward. The clause is therefore important to ensure that if an alternative sponsor were to become involved in progressing an ACP, the original sponsor can be compelled, if necessary, to co-operate in ways that the Secretary of State considers appropriate, such as providing information and documents to enable that ACP to progress.
Again, this measure is intended to ensure that airspace modernisation can be achieved quickly, in order to deliver the quicker, quieter and cleaner journeys that we would all like to see.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Clause 4
Directions under sections 2 and 3: supplemental
Question proposed, That the clause stand part of the Bill.
This clause gives the Secretary of State powers to delegate the Secretary of State’s functions under clauses 2 to 4 to the CAA, with a notice of this in writing to be published by the CAA. It enables the Secretary of State’s direction-making powers to be delegated to the CAA should this prove to be desirable in the future.
The CAA, as the national airspace regulator, has the expertise to take on this role if so required. Given that both the Secretary of State and the CAA have various roles in relation to airspace change, it is clear that appropriate internal governance structures would need to be put in place in both organisations to manage any possible conflict of interest risks, as required.
Without the clause, the Secretary of State would lack the flexibility to be able to delegate functions to the CAA, and would therefore need to amend this primary legislation should it prove desirable in the future to delegate such functions. Although such circumstances are not currently foreseen, a lack of flexibility could risk delivering the CAA’s airspace strategy and the successful delivery of the airspace modernisation programme if circumstances arise in the future whereby the Secretary of State was no longer better placed to exercise those direction-making powers.
As the Minister eloquently outlines, this will give the Secretary of State the power to delegate to the CAA. However, the Minister will be aware that the Airport Operators Association believes that there is a fundamental conflict of interest with this proposal, and I would like to explore that for a few minutes. The Government have sought to reassure Parliament and the industry that appropriate separation would be maintained with the CAA in the exercise of these functions. Although there may be a significant extent to which this is possible in theory, it fails to address the perception challenge. In particular, the regulator is opened up to criticism for bias from parties which have agreed with the specific CAP1616 policies I referred to earlier being mandated. Some communities around airports already believe that the CAA is biased towards industry, and this would help neither that perception, nor the importance of rebuilding trust between the aviation sector industry, the regulators and communities.
When we debated the Bill on the Floor of the House last week, a number of colleagues on the Government Benches pointed out that communities often feel overlooked when it comes to airspace change and noise. I know this is of particular concern to a number of Conservative Members who raised it last week.
Could there be a conflict of interest where the Secretary of State can delegate power to enforce a programme to the CAA? Does the Minister think that? Does the Minister agree with the Airport Operators Association that the CAA is established to act as a neutral adjudicator of CAP1616 proposals? If the regulator is asked to enforce an ACP, is it being asked to mandate an application that it will have to make a judgment of suitability on? Is there a conflict of interest with the CAA being delegated enforcement powers when it is also responsible for making the judgment on suitability? It appears that it will act as both judge and jury, and I hope that the Minister will explore that conflict today.
I am grateful to the hon. Gentleman for raising those points. There are a number of answers that I will give—perhaps three. First, there is the safeguard to which I referred to at the beginning of our debate, which is an overarching safeguard in any event against any decision that is made. Secondly, there is the CAP1616 process, which stands out with this Bill. It is a consultation process that started in 2018, so it is relatively recent. That will enable a great deal more consultation for local communities than in the past, and will help to manage such concerns.
With regards to the thrust of the hon. Gentleman’s points on the internal potential for a conflict of interest, I accept that in delegatory responsibility terms there will be a need to ensure that such governance structures are in place. I stress that we do not plan to delegate these at present, but that is in order to build in flexibility for the Bill in future. Such internal governance structures would need to be put in place to manage any potential conflict to which, quite rightly, he alerts us.
The CAA has already created an internal governance structure that separates out its role in tracking airspace change proposals and advising on the use, powers and decisions on ACPs. For example, this includes different directors, with decision making kept separate up to board level. The CAA is able to create a new team to take on responsibilities related to directing an ACP, should this power be delegated to it by the Secretary of State. Those structures will need to be created; I am confident that they can be.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Clause 6
Provision of information
Question proposed, That the clause stand part of the Bill.
This is a slightly difficult aspect and, if I may, I will add one or two extra words. As it is slightly complicated, it is worth going through it slowly.
Council Regulation (EEC) No. 95/93 requires airlines with allocated slots at level 3 airports to use those slots at least 80% of the time in the preceding scheduling period, in order to retain that slot in the upcoming equivalent period. Prior to the covid-19 pandemic, that 80:20 rule of “use it or lose it” helped to encourage efficient use of scarce airport capacity. It also allowed a degree of flexibility for airlines and their operations. There are eight slot-constrained airports in the UK, to which the 80:20 rule applies: Birmingham, Bristol, Gatwick, Heathrow, London City, Luton, Manchester and Stansted.
Due to the unprecedented impact of covid-19, in March last year, the European Commission took the decision to waive the 80:20 rule. Airport co-ordinators were instructed under that waiver, when determining slot allocation for the upcoming summer season, to consider slots as having been operated, regardless of whether they were used. That covered the summer 2020 season and was subsequently extended to cover winter 2020-21.
The UK supported the European Commission’s position. Without that alleviation, airlines may have incurred significant financial costs by operating flights at low-load factors needed to retain those slots. Alleviation has helped to protect future connectivity and airline finances, and reduced the risk of empty or near-empty ghost flights being run to retain the slots, which would have a financial impact on airlines as well as an environmental impact. We anticipate that the effects of covid-19 on the airline industry will regrettably continue for some time. Passenger demand is not predicted to return to 2019 levels until at least 2023.
After the EU transition period ended on 31 December, regulation 95/93 was retained in UK law. However, when it was retained, the power of the Commission to extend the period of alleviation from the 80:20 rule, which was transferred to the Secretary of State, was expressly limited to 2 April 2021. We expect disruption to air travel to continue for a number of years, so it is imperative that the UK has at its disposal the powers to provide alleviation, should the evidence suggest that that is warranted.
Returning to the 80:20 rule, while the covid-19 disruption continues, it might mean that some airlines will protect their commercial interest in retaining their slots by operating fights with empty or near-empty aircraft, despite the associated costs, both financial and environmental. Without this clause, the Government would be unable to provide flexibility on slot usage to deal with the ongoing impacts of the covid-19 pandemic at slot co-ordinated airports beyond the summer 2021 season. That flexibility will also provide certainty, to enable airlines to manage their slots efficiently.
This clause inserts a new article, 10aa, into retained Council regulation 95/93 of 18 January 1993 on common rules for the allocation of slots in UK airports. This would provide the Secretary of State with a power to provide air carriers with an alleviation of the requirement to operate slots allocated to them 80% of the time in order to retain those slots in the next equivalent scheduling period. This power would be exercisable until 24 August 2024—so it is time limited—and for scheduling periods up to and including winter 2024-25. To allow for flexibility, this clause also includes powers to modify the 80% requirement relating to slots usage, which will be an alternative to applying a full alleviation of the 80:20 rule for a specified scheduling season. This recognises that there might be alternative ratios that could be applied to ensure the efficient use of slots, and then moving back to 80:20 as demand recovers. The Secretary of State will also be able to make certain other modifications to the slot usage rule: for example, setting a deadline for the return of slots not intended for operation, or providing that a waiver should not apply to slots of an airline that ceases operations at an airport.
This clause will also allow the Secretary of State to make certain other changes to the operation of the rules relating to the allocation of slots under regulation 95-93. For example, the Government could change co-ordination parameters to reflect partial closures of airports, adopt temporary rules for the most efficient allocation of unused slots to new entrants, or give the slot co-ordinator enforcement powers, such as where unused slots are not returned with sufficient time to enable them to be effectively re-allocated. Having the powers to vary the 80:20 ratio and modify the operation of the rule in this way will allow appropriate measures to support the sector’s recovery as passenger demand for flights returns. Any such changes would be based on an assessment of the current situation, and would be supported by evidence based on the latest available data.
The Minister was right to spend a little extra time focusing on this clause, because it will be extraordinarily important in the years to come, as the aviation sector tries to recover. It came into focus this year that one of our national carriers was not acting in the national interest, by using the pandemic to change the terms and conditions of tens of thousands of its workforce. National carriers should always act in the national interest. I am glad to see that some of that damage between the workforce and the management is currently being repaired.
However, it was this national carrier’s grandfathered rights—particularly at Heathrow, and the way it wanted to retain its rights at Gatwick but move out its operation—that brought this issue into focus. Again, it did not seem fair or right to use what is almost a monopoly bias in what, in my opinion, is a very large closed shop when it comes to slots. If I remember rightly, in “Henry V”, when the Archbishop of Canterbury is trying to explain female hereditary rights in Salic law, Shakespeare says something that we could also say about airport slots: it is as clear as mud. I am afraid that is what airport slots are, which is why I think this will be dodgy territory—not party-politically dodgy territory in particular, but for the Secretary of State and the Minister over the next four or five years, whoever they are.
I am grateful to the hon. Gentleman for those points. I enjoyed his Shakespearean reference, and I understand it entirely. This is a rather tricky part of the Bill and it took a while for us all to get our heads around it, particularly where the statutory instruments fit in, earlier in the year. He raises a number of points, and it is important to distinguish between what we are dealing with here and the wider policy aspect.
The issue of which airline has which slot is dealt with by Airport Coordination Ltd, independently of Government. The hon. Gentleman refers to a carrier being perceived to have not acted in the national interest. The Government do not involve themselves in that; it is dealt with by ACL. The wider future policy aspect is another matter, which I will come to in due course. However, he refers to grandfather rights, which I will deal with at this stage.
Obviously, we recognise that we have the ability to change the policy now that we have left the European Union’s transition period, and we will look at future slots policy in due course. Clearly, any further amendment of policy will require significant consultation and engagement with industry, and will require a good long look at what the ongoing policy will be. We are dealing here with the extraordinary times in which we live, in order to cope with the suppressed demand. There are slightly different imperatives between what we are dealing with today and what the hon. Gentleman is pressing me to look at. It is more a question of where and how we look at it. I suggest that it is not appropriate to look at that issue here.
The hon. Gentleman asks me if the date can be brought forward. The date is there because that is the date of the expected demand recovery that I referred to in my opening remarks. It means that, regrettably, we are not expecting demand to recover to 2019 levels until around 2023, or roughly that time. That means that the date in the Bill is what is required to enable that power to exist, should we require it. That date is in there because of the time taken to recover. I will add two points. First, any such decision has to be taken on the basis of data and market conditions at the time. I hope that is a reassuring factor for hon. Members. Secondly, this is a power and not an obligation. If the Secretary of State looked at that data and decided that the power was required, it would be open to him or her to exercise that power. The fact that the power is there does not mean that it has to be used. That is the reason it is there. As for conferring an unfair advantage, the power gives the opportunity for conditions to be attached. There is greater flexibility with regards to the wider policy perspective in the Bill than at present. We would have to go further into primary legislation after the usual process if we wanted to do anything further. I hope that gives the hon. Gentleman the reassurance that we have done what we can at this time and some reassurance as to the reason for the timescale.
I am grateful to the Minister for his considered explanation. I hope that, in the cross-party nature of getting this right, he will commit to keeping an open mind about ensuring that new operators coming into the market will not be competitively disadvantaged by the clause. I want to work with him on that over the next few years to make sure that that is not the case and that we reactivate our aviation industry from this pandemic as soon as we possibly can.
I welcome the hon. Gentleman’s comment and the constructive nature of that engagement. I am committed to working with him to ensure that we get future aviation policy right.
Clause 13 introduces schedule 8 to the Bill. This makes provision about general powers of police officers in relation to offences involving the use of unmanned aircraft and also amends sections 93 and 94 of the Police Act 1997. Without this clause, schedule 8 would not form part of the Bill.
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. Schedule 8 contains powers for a police constable: first, the power to require a person to ground an unmanned aircraft if they have reasonable grounds for believing that person to be controlling it and if they have reasonable grounds for suspecting that it has been, is or is likely to be, used in the commission of an offence; secondly, the power to stop and search persons or vehicles where the constable has reasonable grounds for suspecting they will find an unmanned aircraft, and that it is or has been involved in the commission of certain offences under the Air Navigation Order 2016 or a relevant prison offence, such as assisting a prisoner to escape or conveying illicit articles into or out of a prison; and also, the power to enter and search premises under warrant.
Schedule 8 also amends section 93 of the Police Act 1997 so that counter-unmanned aircraft technology, which involves interference with property or wireless telegraphy, can be authorised in relation to certain offences involving unmanned aircraft. The Police Act 1997 is also amended so that the CNC and specified officers and staff in custodial institutions such as prisons may authorise this technology in relation to certain offences involving unmanned aircraft. Such unlawful use of unmanned aircraft can pose safety and national security risks, particularly around critical national infrastructure and prisons. For example, serious and organised crime groups currently use unmanned aircraft to deliver contraband into prisons, which threatens safety, destabilises prisons and undermines the efforts of hard-working staff and prison officers in delivering effective rehabilitative regimes.
It is therefore essential that custodial institutions are able to disrupt the supply of contraband by criminal gangs using unmanned aircraft and to maintain the security and the safety of prisons and their staff. Similarly, civil nuclear sites, which include some of the UK’s most sensitive assets, must be protected from unlawful unmanned aircraft use. The powers in the schedule enable the CNC to respond more effectively to unmanned aircraft incidents at civil nuclear sites. Stop-and-search powers and powers of entry and search under warrant are necessary for the police to be able to investigate offences effectively.
Take a scenario in which an unmanned aircraft is being flown in the flight restriction zone of a protected aerodrome. The police arriving at the scene suspect that they have identified the individual who was the remote pilot. The constable suspects the remote pilot has breached article 94A of the ANO 2016—the navigation order—by flying at or near the aerodrome without permission. However, the remote pilot has already ceased flying and put the unmanned aircraft in their car. Currently, the police have no powers to search the car for the unmanned aircraft, so no action can be taken. The powers in the Bill would permit the vehicle to be searched in such circumstances. Without the schedule, the ability of police, prison officers and the CNC to protect the public and our critical national infrastructure and prisons from the unlawful use of unmanned aircraft would be limited.
Briefly, Government amendment 2 to schedule 8 is a simple amendment to correct an omission in the Bill. Paragraph 5 of schedule 8 sets out the meaning of a “relevant unmanned aircraft offence”. As currently drafted, the offences in the Air Navigation Order 2016 included in the definition are summary only offences. In relation to Scotland, the definition should also include offences in the ANO 2016, which are triable either way or on indictment. Such offences were included in the definition of “relevant offences” in the Bill as introduced in the other place in January 2020. They were inadvertently omitted from the Government’s amendments tabled on Report in the other place, 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 evidence seized, were restructured.
If the amendment is not accepted, there would be no power for a justice of the peace, a 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 that relate to unmanned aircraft and that can be tried under indictment. Nor would the supplementary power for a constable to retain items seized using powers in schedule 8 for forensic examination, investigation or as evidence at a trial apply in relation to such offences. The policy intention behind the Bill remains unchanged, and the amendment would not add to any offences or powers that were not already in the Bill as it was introduced in January 2020.
The rapid deployment of drone technology offers great benefits for society, but as the Minister points out, it can also pose great threats. Clause 13, which deals with the powers of police officers and prison officers, is important. When the right hon. Member for Maidenhead (Mrs May) was Prime Minister in 2018, Gatwick was brought to a complete halt by the use of drones, and we did not have the powers to stop it. The Opposition are supportive of the clause. The Minister and I cover the Maritime and Coastguard Authority, and the potential of drones in search-and-rescue operations—particularly some of the technology that great British manufacturers such as Airbus are developing to help with rescue operations on land and at sea—in the years ahead is really exciting.
We support the additional powers. We agree with the British Airline Pilots Association and others that the powers are proportionate to the threat that unmanned aerial vehicles pose. There is a concern that the deterrents might not be a factor if the police are not sufficiently resourced for the powers, and I have some questions for the Minister. Do the police have the capability to bring down drones? We want to be tough on drones and tough on the causes of drones in the wrong places. Do the police have the resources to detect misuse and breaches of protected airspace? A final worry is whether this legislation will keep up to date with the rapidly changing use of unmanned vehicles in the UK.
(3 years, 11 months ago)
Commons ChamberAs I say, these are matters that are profoundly regretted by the Government, but they remain commercial matters. We engage closely with all sector representatives, including the unions, to find a way forward if at all possible.
It is 50 years since my predecessor, Alf Morris, introduced the Chronically Sick and Disabled Persons Act 1970. It is why I came into politics. The Minister of State, Department for Transport, the hon. Member for Daventry (Chris Heaton-Harris), mentioned it, as it is World Disability Day today.
Minister, the global travel taskforce has hardly met at all and nobody in the aviation industry has recommended the test-to-release scheme, which he announced this week. The industry is shedding jobs at a rate of knots. The furlough announcement was too late for too many in the aviation industry—the jobs were already gone. We have to stop lurching from one announcement to the next. Will the Minister commit to setting a critical path, so we can restore confidence in our world-class aviation industry?
I am slightly confused about the hon. Gentleman’s reference, because the global travel taskforce most certainly has met. I think there is an element of confusion there. There has been extensive engagement in workshops with the industry. That has led to the release of a substantial, detailed report with 14 recommendations, of which the test-to-release scheme is only one. That work continues, as he rightly urges. I agree with him that it absolutely should continue to bring on many of the other schemes we have in the GTT. That work very much continues.
(4 years ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is an honour to serve under your chairmanship, Sir Edward. I shall do my best to acknowledge as many Members as I can in my remarks.
I thank my right hon. Friend the Member for Epsom and Ewell (Chris Grayling) for securing this debate on the future of the aviation industry, and everybody who has contributed in what has been a wide-ranging and fascinating debate. Every single Member here is passionate about aviation, which was made very clear in the course of the afternoon.
We have heard from a number of hon. Members about the critical role that aviation plays in connecting the whole of the UK and the world. I thank my right hon. Friend for all his tireless work when he was Secretary of State. That was a point that he was keen to make clear during his time, and we have seen that reflected today.
I hope that my right hon. Friend will be pleased to see—as will my hon. Friend the Member for Crawley (Henry Smith), to whom I will return in a moment—that work started in May on upgrades to the Gatwick airport rail station. That is a £150 million project, which my right hon. Friend announced when he was Secretary of State. That expanded, modern station will provide an impressive gateway to a global Britain, and I thank him for his work on that.
I have listened carefully to the points that have been made. I will endeavour to address as many of them as possible. However, as the hon. Member for Wythenshawe and Sale East (Mike Kane) and my hon. Friend the Member for Don Valley (Nick Fletcher) rightly said, it is not always possible for Back Benchers to make all the points they would like in their speeches or for me to acknowledge all of them, but I will do my very best.
These are incredibly challenging times for the aviation sector. We all realise that, and none more so than this aviation Minister. I would like to record at the outset how crucial the sector is to the UK and its economy, as was said eloquently by the Chair of the Select Committee, my hon. Friend the Member for Bexhill and Battle (Huw Merriman).
Before the covid-19 outbreak, the UK’s aviation sector was growing rapidly. Air transport and aerospace together contributed £22 billion to GDP and supported half a million jobs. The hon. Member for South Antrim (Paul Girvan) and my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) referred to the aerospace sector. This country and their constituencies excel in it, and they are right to draw attention to that. Aviation supports the economy through trade, aerospace, investment and tourism and by providing regional connectivity. It is the Government’s fervent desire and utmost intention that the aviation sector recovers quickly from the dreadful pandemic that it and the country have been through.
I want to dwell for a moment, in response to hon. Members’ calls, on the support that the Government have given to the sector. We should remember, despite the cynicism of the hon. Members for Paisley and Renfrewshire North (Gavin Newlands) and for Wythenshawe and Sale East, that the response has been unprecedented. It has enabled businesses across the industry to draw upon an unprecedented package of cross-economy support measures, including the Bank of England’s covid corporate financing facility, which has helped airlines’ liquidity. The sector drew down £1.8 billion of support by September 2020. The aviation sector as a whole is the largest beneficiary of CCFF, accounting for approximately 18% of the total amount of CCFF paid out by November.
As hon. Member know, on 5 November the Chancellor announced that workers across the UK will benefit from the increased support of a five-month extension of the furlough scheme—the coronavirus job retention scheme. It will now run until the end of March 2021, with employees receiving 80% of their current salary for hours not worked. My hon. Friends the Members for Meriden (Saqib Bhatti) and for Don Valley are right to point out how significant that support is. Overall, we estimate that the sector has received about £2.5 billion to £3 billion of support through the CCFF and the job retention scheme.
Hon. Members made a number of other points. The hon. Member for Luton North (Sarah Owen) asked me about conversations with individual companies. I hope she will understand that I cannot comment on any commercially confidential matters relating to individual companies. The Government have heard the broader requests for further support and are considering them carefully.
The House has powerfully reminded us that the impact of redundancies on employees, their families and their broader communities is serious. We heard a number of powerful speeches. The hon. Members for Feltham and Heston (Seema Malhotra) and for Ilford South (Sam Tarry) referred to Heathrow in particular, and other hon. Members also made powerful contributions. I see it myself from the correspondence that I receive from hon. Members and people up and down the country, and I understand that the impact on those who work in the aviation sector is very significant indeed. We must always remember that, ultimately, it is people who stand behind this.
My predecessor and officials have met unions regularly—I hope that the hon. Member for Easington (Grahame Morris) will be pleased to hear that—and I will meet them again shortly. I have spoken directly to companies that are considering redundancies and changes to terms and conditions, and I have offered my support and that of the Government for engagement efforts with staff where that is appropriate. I encourage unions and employers to sit down, speak to each other and find a solution where appropriate. The Government recognise that the aviation sector is home to highly skilled, highly trained staff, and their retention is vital. I thank all hon. Members who drew attention to that point.
On quarantine and travel corridors, I recognise the frustration of hon. Members, holidaymakers and businesses about the matters arising from the health measures that we have introduced and changes to the travel corridor exemption list. We must not lose sight—I know that hon. Members do not—of the reason why we have had to make those changes; it is simply to protect the health of the nation.
The right hon. Member for East Antrim (Sammy Wilson) rightly talks of confidence. That is why we took the action that we did with the introduction in July of travel corridors, which were a major step forward in safely reopening international travel while retaining the ability to act quickly if public health were at risk. We continue to keep that policy under review, and it is clear from the steps we have taken that it is an evolving policy. We update the exemptions list weekly to reflect the changing health situation in each country, and we continue to evolve that policy as new and enhanced data becomes available. That allowed us, on 7 September, to introduce the islands policy, under which island destinations can be considered separately from the mainland. That provides increased flexibility to add or remove them, as distinct from the mainland, as infections rates change. Unfortunately, as right hon. and hon. Members will realise, the incidence rates in this country are growing, which is why we had to take the steps that we have taken from 5 November.
I want to say a few words about testing, which has obviously been a major part of the debate. There has been some powerful advocacy, and none more so than from my hon. Friend the Member for Crawley. He represents Gatwick airport, and his constituents who work there, with power and dedication. They could have no finer voice, and I thank him for everything he has said in the debate and outside.
On testing at airports, we have previously explained, and I want to explain again for the record, that we cannot currently endorse testing passengers immediately on arrival—in other words, at airports—as a means of avoiding the 14-day self-isolation period. The reason for that is that the long incubation period means that a significant proportion of infected but asymptomatic passengers might receive a negative result but go on to develop the virus over the following days.
However, we are taking action. My right hon. Friend the Member for Epsom and Ewell referred to the global travel taskforce that we have created, and I want to explain to the House what that is considering. It is looking at how a domestic testing regime for international arrivals could be implemented in order to boost safe travel to and from the UK, and to allow UK residents to travel with confidence. It will consider what steps we can take to facilitate global business and tourist travel, including through bilateral agreements and multilateral forums. We will continue to explore with key international partners issues such as global common standards, testing models, measures around enforcement, exemptions and other border management measures. Beyond that, we will explore what steps we can take to increase consumer confidence, ensure that current measures are being properly adhered to, and restart international travel safely.
I want to inform the House and the Chair of the Transport Committee, my hon. Friend the Member for Bexhill and Battle, who asked the specific question—
I will in a moment. I want to inform everybody that the taskforce will report back to the Prime Minister very soon.
Can you give some time for the right hon. Member for Epsom and Ewell (Chris Grayling) to sum up?
There are many points that I would like to make—I am conscious of the time, Sir Edward, and I am grateful to you for reminding me—about recovery, but they have been made very well by right hon. and hon. Members. There are a number of points around decarbonisation that I would like to have addressed. Given the time, perhaps we can have a debate about that on another occasion.
I thank everybody who has taken part in the debate, and I thank my right hon. Friend the Member for Epsom and Ewell once again for securing the debate. We are all aware of the scale of the challenge facing the aviation sector and, indeed, the entire country. The combination of the steps that we are taking on public health, the work that we are taking forward on testing and travel corridors, and the unprecedented economic support provides a strong foundation for the recovery of the sector. My hon. Friend the Member for Meriden encouraged me to work together with the sector. I will do so tirelessly, and I will work with every Member who has spoken in the debate.
(4 years, 2 months ago)
Commons ChamberIt absolutely is the Government’s intention and desire to support these highly trained and highly valued members of our workforce. At the end of the day, we need to concentrate very much on the recovery and restart. The Government have already moved quickly to rebuild consumer confidence, collaborating with industry and the unions and across the sector. It is through that that we will ensure the vitality of the sector and those who work for it.
Today marks the 10th anniversary of Pope Benedict’s visit to Parliament when he addressed both Houses in Westminster Hall and reminded us that, in the pursuit of public policy, we should always keep the common good at the heart of it and that there is an intrinsic link between human dignity and the value of work. In that spirit and in welcoming the Minister to his post today, will he join me in thanking the tens of thousands of ground handlers in every airport across our nation who have kept our skies open, working for companies such as Swissport, dnata, Menzies and World Freight Services? Will he dust down that aviation-specific package that his predecessor had and bring it back to the table?
I thank the hon. Member for making that absolutely superb point. He is quite right to thank those who work in the aviation sector, particularly the ground handlers, because of the way they have continued to work throughout the sector, which has ensured that vital freight and supplies have continued to come in, and people have been able to get around when they have needed to do so. The Government will be looking—as I will be in the course of settling into the role—at any possible steps that we can take to help the sector, which is absolutely vital for our country.