Civil Aviation Authority: Aviation Safety

Alistair Carmichael Excerpts
Thursday 6th February 2020

(4 years, 5 months ago)

Westminster Hall
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Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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I beg to move,

That this House has considered the Civil Aviation Authority and aviation safety.

It is, as ever, a pleasure to serve under your chairmanship, Mr Bone. I thank the Chairman of Ways and Means, to whom I am grateful for having been allowed this time, and the industry bodies, air traffic controllers throughout the highlands and islands and others who briefed me ahead of the debate. I place on the record particular appreciation of the Civil Aviation Authority, which took a great deal of time and trouble to talk me through some of the basics. The interest from outside the Chamber is not necessarily reflected in attendance inside it, but we have plenty of time, so I hope we can do the subject justice.

Before coming to the matters that I want to bring to the House’s attention, it is worth putting on the record why to me, an islander representing island communities, aviation safety and the provision of safe, reliable lifeline services are so important. Good transport links, and especially good air transport links, affect just about every aspect of island life in a way that is unimaginable for mainland communities.

For a businessperson in Orkney or Shetland who is required to spend time on the mainland—to see customers or regulators, perhaps—the time away from their business is critical. Those from Shetland will not necessarily want to spend 12 hours on an overnight boat to get home at the end of the day. Opportunities for young people to develop their talents in sport, music or other leisure activities rely on their being able to get that degree of competition that they may not have in their own community, which again requires travel off-island. Good transport links can affect something as simple as attending a family funeral, which can come up at short notice and to which a substantial cost is attached. An employer might give someone a day off to go to a funeral, but not three days. Most importany of all, transport links are critical to the provision of emergency services. For us, the operation of the air ambulance service is every bit as important as the surface ambulance service is to any other community.

I wish to raise two matters, both of which stem from the operation of air services within the highlands and islands, and in my constituency in particular. First is the proposal by Highlands and Islands Airports Ltd to centralise air traffic control—to remove air traffic controllers from seven of its 11 airports in the highlands and islands and to operate it all from one remote base, which we now know to be in Inverness. That is my most substantial area of concern, but I have further concerns, which are shared by many of my constituents who work as air traffic controllers, about the handling of a whistleblower complaint relating to an incident on 5 April last year involving an air traffic controller employed at Kirkwall Airport.

It might assist the Minister and others if I explain the role and genesis of HIAL. It is wholly owned by Scottish Ministers and operates 11 airports: 10 of them are in the highlands and islands, at Sumburgh, Kirkwall, Wick, Stornoway, Benbecula, Barra, Tiree, Islay, Campbeltown and Inverness, and there is also Dundee Airport, which was acquired more recently. The company was born out of the break-up of the Civil Aviation Authority in the 1980s, which let to the setting up of what then became the British Airports Authority, which owned most airports as a private company. I think it was fairly easily understood that the market would not provide airports within the highlands and islands, so it was necessary to find a mechanism by which that provision could be maintained effectively within the public sector. As a result, HIAL was set up.

HIAL announced a consultation and a feasibility study into the idea of a single centralised point of control in 2018. Parenthetically, the company does not have a great record on consultation. It is not germane to the debate, but it still rankles that HIAL introduced car parking charges at both Kirkwall and Sumburgh airports without any consultation. It said it knew it would get an unfavourable answer but was going to do it anyway. I think we all understand that sentiment, but as a means of engaging with communities such as Orkney and Shetland, it is indicative of a certain attitude, which permeates a lot of the company’s dealings.

HIAL announced in 2018 that it was conducting feasibility studies and consulting on the principle of moving to a single point of control. At that point it was not specified where that would be, although I think we all knew that it would be in Inverness. It was one of the least surprising pieces of news for some time when that was eventually confirmed. Since then, feasibility studies have been carried out, and last month HIAL announced that a system covering seven of its airports from this single, centralised, remote control tower would go live in 2024.

The proposal will affect no fewer than 86 jobs across the highlands and islands. To mainland communities, that may not sound like a tremendous number, but these are well paid, highly skilled professional jobs in some of the country’s most economically fragile communities. For the communities and individuals concerned, the blow will be quite dramatic.

Various justifications have been put up, principal among which is that it is difficult to recruit and retain air traffic control staff. Everyone accepts that there is a nationwide shortage of air traffic control staff, but it has not been particularly acute in the highlands and islands—at least not within most stations concerned. Some areas of the highlands and islands, as a consequence of what was described to me as poor management, have had recruitment and retention difficulties, but I do not think that a company that has problems with poor management should redesign the whole system—at least not until it has tried good management instead. A practice that continues to be beneficial when it is followed is the practice of local recruitment and training staff to work in the highlands and islands. It has proven to be profitable and stable in the past, and there is no reason why it could not continue to be so in future.

The Prospect union surveyed its members and found that 82% would be more likely to leave the company if the changes were implemented. It seems perverse to go ahead with something designed to improve recruitment and retention if the move that is anticipated leads to 82% of staff feeling it more likely that they will want to leave. Let us consider the reasons for that.

The people who are recruited and trained locally in Kirkwall, Sumburgh, Stornoway and elsewhere in the highlands and islands have their wider family networks in the communities. Many were born and brought up there, or have chosen to move and make their life there. They will no doubt have partners who have careers in the local area. If you take one partner out of a community you do not expect the other partner to commute every week from Shetland to Inverness or wherever, so it is hardly surprising that the figure Prospect found was so high.

Essentially, it appears that HIAL has come to a solution without a problem. It was described to me and my colleague Beatrice Wishart in the Scottish Parliament by a respected industry figure, who said that the whole concept of remote towers is “not yet mature”. On the proposal, two years ago HIAL’s own consultants said that,

“one of the most expensive and certainly the most difficult and risky”

options to pursue was remote towers.

Ahead of today’s debate, I got in touch with the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), who is similarly affected and has similar issues to those that I bring to the House today. He made the very good point that if centralisation can be done, it can be done in the isles; it does not need to be done in Inverness. I think the reason centralisation is not done in the isles, apart from the fact that Highlands and Islands Airports loves to centralise everything in Inverness, is that there is not the communications resilience with the island communities. If they cannot operate the whole system in the islands, they should not seek to operate part of the system in the islands. He also said that the Scottish Government and Scottish Parliament must not give HIAL a free hand, and I absolutely agree. Unfortunately, however, particularly as far as Scottish Ministers are concerned, that is exactly what is happening.

There is absolutely no indication coming from Transport Ministers or the so-called Islands Minister that they are doing anything to hold the company to account for the execution of its duties, bearing in mind its original purpose as a company was to serve the interests of the highlands and islands. Parenthetically, I would say that is perhaps less than surprising given that not a single member of the board of Highlands and Islands Airports Ltd is actually resident in one of our island communities. As a result of the lack of direct input from our islands community, the company has allowed itself to become, to use its own words, remote and out of touch with the sentiment in our island communities.

My concerns are shared by parliamentarians throughout the highlands and islands, as well as Orkney Islands Council, Shetland Islands Council and Western Isles Council. It is not a political issue because those councils are all almost exclusively run by independent councillors, who have as their primary concern the quality of services in island communities, and they have all rejected the proposal put forward by HIAL.

The chair of the board and the other non-execs do not seem to be putting a brake on the plan. Right at the start, the chair was brought down here with the managing director to brief Members of Parliament. It seems she has been put up by the company as a cheerleader for the project. That is not my understanding of the role of non-executive directors, so I have some concerns about the way in which HIAL works as a company. It is clear that if there is to be any meaningful and substantial scrutiny of the proposal, which, as I say, is right at the heart of the provision of the most important lifeline services that we have, it will have to come from the regulator. It will not come from the company, the board or Scottish Ministers. It will be the Civil Aviation Authority that ultimately has to sign the proposal off as a safe and viable system.

I have dealt with the Civil Aviation Authority on numerous occasions during my time representing the northern isles in this place, and I have always been impressed by the professionalism and high standards that it maintains. The rigour with which it has approached concerns that I have taken to it in the past and the candour it has displayed in dealing with me has been exemplary as a public body. I say that because I am going to come to a few concerns about how it handled whistleblowing complaints in a minute. However, as far as this project and all the dealings I have had with it during my time in Parliament are concerned, I have no complaint to make.

The particular concerns that I have in relation to HIAL project and which I want the Civil Aviation Authority to submit to the most minute scrutiny are, first of all, the practicalities of how the scheme will work. It will rely on the installation and operation of remote cameras transmitting pictures of the airfield back to the remote tower in Inverness. It will also use the cameras, as I understand it, for weather observation and forecasting. In relation to the operation of Sumburgh in Shetland, a recently retired weather broadcaster described it to my colleague in Shetland, Beatrice Wishart, as “unsafe in marginal conditions”. We work at the margins a lot over the winter months in the highlands and islands.

The siting of the cameras will be crucial. During a visit to the control tower in Kirkwall some time ago, the air traffic controllers pointed out to me that they did not just have sight of the runway and the airfield from the control tower; they had a 360° view. They could see all the fields around, so could be aware of any potential hazards that there might be on the road or in the fields. It is not like the control tower at Heathrow or Gatwick. The airport sits right beside the public road, surrounded on most sides by fields and in small measure by the sea.

The question is whether we will ever have cameras that provide coverage as good as, and consequently as safe as, that provided by the human eyes in air traffic control towers. Air traffic controllers, not just in Kirkwall and Sumburgh but elsewhere across the highlands and islands, tell me that we will not.

There is also a particular concern about how things will work in Shetland, at Sumburgh airport. There are only two airports in the whole of Europe where a public road runs across an airport runway, and it is my good fortune that one of them is in Shetland. Obviously it is critical to have sight of that road. However, if the mast is sited where the road runs across the runway to enable that, there will inevitably be problems with coverage of the southern part of the airport. Doubtless there could be some technical solution to those things. It will come at a cost. I hope that the Civil Aviation Authority will turn its mind to those questions and interrogate those determined to go ahead with the project before it gives it the go-ahead.

On the siting of camera masts, the idea of a remote tower is not novel in the United Kingdom; those of us who fly out of London City airport have air traffic services provided by NATS at Swanwick. The cameras at London City airport are rated for winds up to 35 knots—or a summer breeze, as we might call it in parts of the highlands and islands. I am being flippant, but I assure the House that 35 knots is by no means unusual. In fact, I checked the forecast on the BBC website before I came here today. I am due to fly from Orkney and Shetland on Sunday afternoon, and wind speeds in the region of 40 mph are already being forecast there—and that is still just a yellow warning.

Not that long ago, I was getting on a plane at Sumburgh airport when one of my friends walked out of the runway shelter and was—as an adult woman—very nearly literally blown over. That was on one of the days when we could fly. Those weather conditions, although severe, are no by no means exceptional across the highlands and islands. The expense of producing something that is good to 35 knots at London City will be even greater when trying to produce something resilient in the highlands and islands—because it comes back: what will the consequence be of the idea that an air ambulance plane cannot be got into Sumburgh or Kirkwall because a camera mast has blown over in a gale that is entirely unexceptional in that part of the world and that should be foreseeable when plans are made for the safe provision of aviation services?

The other principal concern that I want the Civil Aviation Authority to explore is the resilience of the digital connection between the airports themselves and the remote tower in Inverness. The House has heard me bore on long enough and often enough about the poor quality of broadband provision in my constituency but, again, the service provided for London City has three levels of resilience to it. They are the one that operates, the one that will operate if the first one goes down, and the third one, which is used to close down in the event of the other two not being available. That is the very obvious standard that we would expect of something as inherently challenging and dangerous as air traffic control. From Sumburgh to Kirkwall there is only one, and if that link goes down we are surely left without any sort of air traffic control. As a consequence, the safety of flights in and out of the islands will be compromised.

I realise that those matters are not within the competence of the Minister answering today, but they are very much within the purview of the Civil Aviation Authority, for which he does have responsibility. I hope that he will impress on the Civil Aviation Authority that he expects the most thorough and rigorous examination of the proposals, when they come. I say “when they come” because I understand from the Civil Aviation Authority briefing that I was given yesterday that the case has not yet been put to it.

We have four years, and we are not yet at the point where there is a formal proposal, and my concerns and those of local air traffic controllers and my constituents have not yet been submitted. That is remarkable in itself. It suggests to me that there is a certain attitude within Highlands and Islands Airports Ltd that the proposal is going to go ahead come hell or high water, and that it has made the decisions now before even getting the proper regulatory approval.

I want to know from the Minister that there will not be any question, at any later stage, that somehow or another there is a commercial imperative: “We have spent all this money, we have installed these cameras, we have done all these things so you’ve got to authorise it or we will have wasted that money”—which incidentally, because it is a Government-owned company, is effectively public money. I want to know that those considerations will not be allowed to be part of the CAA’s examination.

I want to turn briefly to my concerns about an incident that happened at Kirkwall airport on 5 April last year. The essential context and background is that at the time an industrial dispute was going on between members of Prospect who were air traffic controllers working for Highlands and Islands airport and the HIAL company itself. The dispute was fairly rancorous and generated a deal of ill feeling on both sides. The 5 April incident that led to a whistleblower making a report to the Civil Aviation Authority happened when a Saab 2000 operated by Loganair requested start-up at 1943 hours. The airport is due to close at 2000 hours and the rule is that the air traffic controllers have to be there for 15 minutes after the departure, so it was clear to the air traffic controller that they would not be able to meet the requirement; they would be outside their hours. As a consequence, they refused permission for the plane to start.

That is completely in accordance with the regulations under which air traffic controllers work. If they choose to work outside the parameters of the regulations, that is absolutely up to them, but they cannot be compelled to do so, and I suggest that they should not be compelled to do so, whether the reason is industrial action, their concern for aviation safety, tiredness or anything else. Inevitably, there was some pushback from the flight crew and the airport management. The air traffic controllers, however, closed the airport on time at 2000 hours. At that point the Saab 2000 was still on the apron for the night, as far as they were concerned, and they went home.

As the matter was described to me, there was nothing out of the ordinary or exceptional in any way for the operation of air traffic control at Kirkwall airport. The Minister probably has something in his briefing about different systems that may operate at other airports. However, as to the work of air traffic controllers at Kirkwall, as things were described to me, what happened was nothing out of the ordinary as far as they were concerned. It was only when they reported for duty the next morning that they saw the Saab 2000 was no longer on the airport apron and had departed. In fact, what had transpired was that discussions between the airline and off-duty HIAL managers had resulted in the view being taken that they did not need air traffic control for the plane to depart. They made the necessary arrangements to depart the airport without air traffic control.

The point of significance is that the airport fire service had departed at the same time as the air traffic controllers; it was only at the point where it had been decided that the plane should depart that the fire service was called back to work. A message was passed to the air crew saying that they would be able to depart, so they boarded the passengers and the Saab 2000 started its engines and taxied from the apron on to the runway, and it was then lined up for departure. That, it has to be emphasised, was done before the airport fire service had returned, and that is a clear breach of the airport’s licensing conditions.

I have no doubt that these issues have a sliding scale, and this incident may be towards the bottom end of it, but this event is prima facie a breach of the airport’s licensing conditions. Had there been an incident, there was no system or procedure in place to safeguard the 32 passengers and crew of that aircraft, however unlikely such a thing might have been.

Once the fire crew returned, they obviously were made aware. The flight crew realised that by that time it was too dark to depart as, with no air traffic controllers in place, there was no runway lighting. The aircraft therefore taxied back to the apron to shut down, but arrangements were apparently made for a member of the airport fire service to enter the control tower, switch on the runway lights and then return to their fire service duties. It was only when that had been done that the plane was able to depart for Edinburgh at 8.45 pm, some 45 minutes after the air traffic controllers had gone off-duty and left the airport, believing it in fact to have been closed.

As a consequence, there was unsurprisingly a fair amount of local comment and a significant amount of briefing within the local press by Highlands and Islands Airports and Loganair, both on and off the record. A link was fairly clearly drawn between the question of industrial action and the decision to close the airport at the end of the shift. When it then became known that a whistleblower report had been made to the Civil Aviation Authority, that also attracted some press comment.

It was suggested on the record that in fact the air traffic controllers had somehow or other operated outside the agreement on their industrial action. I see no evidence for that, but the difficulty is the whistleblower’s report submitted to the CAA. After some considerable period of time, the CAA concluded its investigation. The issue remains in the public domain in Orkney, but we have no means of finding out the conclusions of that investigation. The investigation is held in that way, and its conclusions are kept confidential. Admittedly that is a result of the CAA operating to international standards, but it only speaks to the airlines, the airport operators and other stakeholders.

It seems to me that the operation of the procedures in this instance is extremely unsatisfactory from the point of view of the whistleblower himself and certainly from that of the air traffic controllers. Their professionalism and conduct have been brought into question in the public domain, and there is now no means of putting the record straight. The most recent public comment put into the local media was, “There is no problem here. There is nothing to see. Just move on.” As I have outlined, however, there is at least one breach of the airport licensing conditions.

I say to the Minister that the relationship between the Civil Aviation Authority and the stakeholders concerned in these whistleblowing cases does not conform to modern rules of transparency and freedom of information. A system that allows somebody to have their professionalism questioned in the way in which that of the air traffic controllers in Orkney has been, and then to have no official explanation as to the outcome of the investigation, is an unsatisfactory one. That could be remedied.

I do not know the outcome of the Civil Aviation Authority investigation, because I am not entitled to know and I would not want to know as a consequence, but Highlands and Islands Airports knows, and I think probably the airline operator Loganair knows, too. If the Civil Aviation Authority cannot put the information into the public domain, it might well suit one of those two bodies—the airline or the airport company—to put the information out there so that, for the purposes of the air traffic controllers in Kirkwall and for the benefit of public confidence in air travel in my constituency, that matter can finally be put to rest.

I realise that no other Back Benchers are present, and I have done my best to occupy the attention of the House this afternoon. It is a rare pleasure, Mr Bone, actually to be able to expound in detail on a matter of supreme importance to communities such as mine. I hope that the words in the Chamber will not only be heard by the Minister today, but by those people outside who are concerned.

Peter Bone Portrait Mr Peter Bone (in the Chair)
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I thank the right hon. Gentleman; he has put his points across very well.

Douglas Chapman Portrait Douglas Chapman (Dunfermline and West Fife) (SNP)
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It is a pleasure to serve under your chairmanship, Mr Bone. I thank the right hon. Member for Orkney and Shetland (Mr Carmichael) for raising these aviation safety issues. The level of detail in his remarks shows how important the issue is for his constituency. His speech dealt almost entirely with local issues, but I am sure the House recognises that he collects more air miles than any other Member, given the location of his constituency.

I want to touch on some other matters relating to airport and aviation safety. I hope the Minister will cover them and give some reassurance in his summing up. First, with Brexit, the UK left the EU last Friday. I certainly hope that does not mean the UK will throw the baby out with the bathwater and no longer align its aviation structures and safety measures with those of the EU. Coronavirus, the failure of Thomas Cook and the growth of drone technology demonstrate the importance of aviation safety and regulation to protect services and passengers. There is no reason why the UK Government should not match the EU in seeking aviation safety and security provisions that are “as stringent as possible”. We should therefore seek as close an alignment as possible with the EU on such matters.

It would be totally unacceptable for flight safety to be put at risk because of the Government’s view on Europe after Brexit, or because the Government had some rigid view about non-alignment in matters of airline and aviation safety. The European Commission said that a deal with the UK on a future post-Brexit relationship should secure aviation safety and security provisions that are, as I said, “as stringent as possible.”

According to the 33-page paper outlining the draft negotiating directives, the negotiations could give British-registered airlines so-called fifth freedom rights, which allow airlines to fly to a foreign country and then onward to a third destination,

“taking into account the geographical proximity of the United Kingdom”.

However, the document also notes that

“the United Kingdom, as a non-member of the Union, cannot have the same rights and enjoy the same benefits”

as those countries that are members—that is, the EU27.

Similarly, on road haulage, the same document states that the deal

“should establish open market access for bilateral road freight transport,”

but that UK truckers will not secure the same rights to unrestricted operations when, for example, a trucker undertakes multiple trips within a foreign country. On all such matters, there remains an awful lot to work to do. The current timeframe, which envisages negotiations being concluded and the outcome ratified by the end of 2020, is still a big ask. We on this side of the Chamber are concerned that the Conservative Government have still not ruled out a no-deal Brexit, which would not only put co-operation on aviation safety at risk, but be a huge problem for, and pose a huge threat to, our economy.

On a different theme, the ease of air travel means that people can travel across continents and through time zones in hours, when such journeys might have taken days or weeks a few years ago. The coronavirus, for example, has been categorised as a global health emergency by the World Health Organisation. The death toll in China has increased to 361—higher than during the severe acute respiratory syndrome outbreak—with the total number of cases now above 17,000. Cases have been reported worldwide, including in Canada, the UK, Australia, Germany and Japan. As we know, last weekend 11 UK nationals were flown back from the outbreak’s epicentre in China.

From a world health perspective, air travel means that viruses can be even more easily transmitted worldwide. I hope that the Minister can say a few reassuring words about the actions that the Government are taking, especially during this most recent outbreak, and about the work that is being done with airlines, airport security, world health organisations and, indeed, our own NHS services locally to assure passengers that every step has been taken to make their travel as safe as possible.

The other point I want to make concerns drones. Since the launch of a mandatory national registration scheme in November last year, drone users in the UK must sit an online test and pay a £9 annual fee or face a fine. The Civil Aviation Authority expects 130,000 people to sign up. The scheme was announced following public concern in 2017, when drone usage was all the rage. Such usage included everything from prison drug smuggling to potential collisions with planes.

Analysts from Barclays estimate that the global commercial drone market will grow tenfold from $4 billion in 2018 to $40 billion in four years’ time, so it is vital that this area of UK policy can adapt and change with speed. That is especially relevant given that we are still getting news of reported drone sightings. I think a recent flight was stopped at Gatwick airport last year.

This year, the Department for Transport published its response to the consultation on future drone legislation. The report confirms that the Government intend to legislate to give the police more powers to tackle drone misuse, including the power to issue on-the-spot fines and to better protect airports by extending the area around airport runways in which drones are banned from being flown. The Air Traffic Management and Unmanned Aircraft Bill was announced in the recent Queen’s Speech, and it is currently progressing through the House of Lords. Again, I ask the Minister to give us some reassurances that the legal framework is future-proofed, and that any wider policies can be kept up to date as the drone market grows in the coming years, as it undoubtedly will.

On some of the specific issues raised by the right hon. Member for Orkney and Shetland, there is no doubt that the recent position of Highlands and Islands Airports Ltd has been of real concern. For those who do not live in the highlands and islands, the airport services that it provides are genuine lifelines, allowing people to access health services or see members of their family, and allowing companies to do business.

I agree with the right hon. Member about the sheer professionalism of the CAA, which I am certain would never allow the installation of infrastructure that was not absolutely safe or fit for purpose. I hope that he will work with other highland MPs, such as my hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry), within whose constituency the airport sits. I am sure that my hon. Friend would be more than willing to share his experiences as a regular user, and as a local MP receiving feedback from his constituents.

Alistair Carmichael Portrait Mr Carmichael
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Of course, we have done so; we have all been briefed together about this matter. I can tell the hon. Gentleman that the concerns that I have expressed today are exactly those held by the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil). I do not anticipate much disruption to services in the constituency of the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry), because there is only one airport in his constituency: the one in Inverness, which will have control. Does the hon. Member for Dunfermline and West Fife (Douglas Chapman) agree that, rather than leaving it to the CAA, it would be preferable if there were more rigour from the board of Highlands and Islands Airports Ltd and the Scottish Transport Minister?

Douglas Chapman Portrait Douglas Chapman
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Absolutely. The right hon. Member makes a strong point. Obviously, he and his constituents are living with the situation daily, and I absolutely respect his point of view, but I think it is about getting round the table and trying to work out feasible and practical solutions to some of the problems that Highlands and Islands Airports Ltd faces. I am sure that Scottish National party Members who represent highland and island constituencies would be more than happy to be involved in that. As he says, some of those discussions have already taken place.

I look forward to the Minister’s comments on some of the issues that I have raised. I hope that he can give us some reassurance that the high standards in airport safety that we all expect will be maintained.

--- Later in debate ---
Paul Maynard Portrait The Parliamentary Under-Secretary of State for Transport (Paul Maynard)
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It is a pleasure to serve under your continued chairmanship, Mr Bone, in which we all rejoice. I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael), not only on having secured this debate but on the way in which he presented his case. He clearly has very detailed knowledge that far exceeds mine, although I am the Minister. Perhaps we can swap places—who knows?

In recent years, we have had few opportunities to discuss this subject. Every year, the CAA’s reports and annual accounts are laid before the House and are tabled, but that rarely results in a debate. The hon. Member for Kingston upon Hull East (Karl Turner) and I rarely get a chance to talk about these issues, so today is a good chance to do so.

We recognise that the CAA has accrued many duties down the years, including functions relating to aviation security, economic regulation, unmanned aircraft, space and consumer rights. It almost seems like a case of you name it, the CAA does it. However, the core of what it does has to remain aviation safety: the safety of passengers, crew, and the wider general public. That is partly because aviation is such an important part of our national economy, contributing at least £22 billion, along with over 230,000 jobs. For the seventh consecutive year, passenger numbers have increased. Safety is vital to maintaining that thriving aviation sector.

Regional airports such as Kirkwall and Sumburgh and the connections, jobs and investment they provide ensure that we spread those benefits across the country. The right hon. Gentleman spoke eloquently about the fundamental role played by air links, both between the islands and the mainland and between the islands themselves—I know that “mainland” means two things on Shetland, not just the mainland as I understand it. I also recognise why aviation safety is especially crucial in that part of the world, given the history of the local area. The right hon. Gentleman will remember the Chinook incident in the mid-1980s.

Back in April 2019, the right hon. Gentleman wrote to the then Secretary of State for Transport to draw his attention to the incident at Kirkwall, copying us into a letter he wrote to Richard Moriarty at the CAA. The person making the report claimed that the incident amounted to a passenger flight departing from Kirkwall airport at a time when that airport was closed. The then Secretary of State noted that the incident potentially raised serious safety concerns that were being investigated by the CAA. At that time, the CAA had conducted an initial assessment and provided an assurance that no immediate or urgent safety actions were required. The CAA then intended to conduct an in-depth investigation to ensure that it understood all the facts treating to this report, and that appropriate action could be taken.

As the right hon. Gentleman has set out, the incident involved a Loganair aircraft with 32 passengers on board departing Kirkwall airport in the evening, without air traffic control in attendance and without the aerodrome being declared open through the notice to airmen process. The flight crew of that late-running flight were told that they would not be permitted to take off as the time was too close to the closure time of the airport, and an extension to the opening hours could not be granted by air traffic control due to the industrial dispute that the right hon. Gentleman mentioned. Management at Loganair called their counterparts at Highlands and Islands Airports Ltd to see if anything could be done to allow the flight to depart, and were initially informed by Highlands and Islands Airports Ltd that this would not be possible.

Alistair Carmichael Portrait Mr Carmichael
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The Minister says that the flight crew were told that it would not be possible to extend due to the industrial action, but I do not understand that to have been the case. It may or may not have been—I do not know—but my understanding is that this was the end of the day and no link was made.

Paul Maynard Portrait Paul Maynard
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I am sure that the right hon. Gentleman has more detailed knowledge than I do, but that is the sequence of events I have been informed about. His information may well be more accurate than mine, so I will go back and consider his point carefully.

Once both Loganair and Highlands and Islands Airports Ltd had looked into the matter further, they agreed conditions by which the flight could depart under visual flight rules, meaning that there would be no need for an air traffic control service to be deployed. Under that agreement, the flight could depart if the airport fire service was in attendance and if the pilot of the aircraft agreed. The fire services were then recalled to the airport, arriving after the flight had commenced to taxi but before its departure, as the right hon. Gentleman set out. The aircraft departed under visual flight rules and contacted the Scottish area control centre after departure for an air traffic control service. The CAA was alerted immediately by Loganair, and received two separate whistleblower reports in the course of the following week.

The Civil Aviation Authority conducted a review in accordance with its own procedures, interviewing key individuals at both Loganair and Highlands and Islands Airports Ltd. After concluding its investigation, the Civil Aviation Authority highlighted its findings with the organisations involved during the summer. The CAA has since held several meetings with the airport to discuss progress. The airport has also conducted its own investigation, and as a result commissioned a study into the findings raised by its own report. The right hon. Gentleman might wish to request that report from the airport company.

I understand and sympathise with the right hon. Gentleman’s wish for the CAA’s report into the Kirkwall incident to be placed in the public domain. The sixth principle of the Government’s regulators’ code—I am getting a bit technical here, for which I apologise—states:

“Regulators should ensure that their approach to their regulatory activities is transparent”.

However, transparency in that sense means regulators setting clear standards for the services that they deliver, not necessarily publishing investigations themselves.

One issue that the Civil Aviation Authority needs to consider when deciding whether to publish the report has to do with trust and openness between the regulator and those it regulates. Aviation bodies need to be confident that, in certain cases and for certain investigations, the information they provide will not be made public. That helps the CAA to fulfil its role of regulating the UK aviation industry and ensuring organisations comply with required safety standards. It might be likened to no-fault reporting in the NHS, where people can admit that something has gone wrong and seek to learn some lessons from it without feeling themselves to be placed in personal professional jeopardy. The right hon. Gentleman will be aware that the air accidents investigation branch routinely publishes reports. A further consideration in this instance is that the relevant information came through two whistleblower disclosures. It is particularly important that staff feel able to make such sensitive disclosures without suffering adverse consequences.

Alistair Carmichael Portrait Mr Carmichael
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We come to the nub of the matter. I make no complaint about the CAA and the way it has conducted this process, inasmuch as it has done so entirely in accordance with its own rules, and the basis for those rules is sensible and rational. It has conformed to international regulation and good practice. However, what has been done remains unsatisfactory. Information was put into the public domain right at the start, which caused some distress to the air traffic controllers in Kirkwall, and that remains uncorrected. That has two consequences. First, there is lingering concern about safety, the culture within HIAL, and the operation of the relationship between it and the air traffic controllers. Secondly, in the circumstances, there is a public interest point about the likelihood of future whistleblowers coming forward.

Paul Maynard Portrait Paul Maynard
- Hansard - - - Excerpts

I appreciate the right hon. Gentleman’s point. I was about to say that I understand the jeopardy that the individual concerned feels placed under. There is an apparent asymmetry of information available in the local community, with, on the one hand, a public discussion about what occurred, and on the other hand, the private information as to what was found and what was done with that information. I am more than happy to make a commitment to talk to the CAA to see what more can be done to assist the individual concerned, and perhaps try to provide some degree of reassurance or to resolve the matter in that way. I hear his point and I hope that we can find a solution.

The right hon. Gentleman spoke about the wider issue of the remote control towers being centralised in Inverness. I understand his points. When I started out in the House, I was a member of the Transport Committee. My first big victory on that Committee led it to challenge the Government about the withdrawal of the emergency towing vessels in Shetland and the closure of some of the Maritime and Coastguard Agency stations. The Transport Committee flew up to Stornoway from Newquay on a regional flight; we were the only people on board. I saw for myself how rapidly conditions change in that part of the world and the significance—the vital importance—of having reliable communications facilities for those remote locations. I understand entirely where he is coming from.

Alistair Carmichael Portrait Mr Carmichael
- Hansard - -

That is a good parallel, because the proposal was for all the coastguard services to be provided from two stations, one in Hampshire and the other in Aberdeen. It is the same point that the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) made to me. I asked the coastguard, “Why Aberdeen and Hampshire?” and they said, “Well, that’s one at the top of the country and one at the bottom”—ignoring the fact that Shetland is hundreds of miles further north than Aberdeen. I said, “Why not put the north one in Shetland, which is properly the top of the country?” They said, “Oh no, we couldn’t do that. The connectivity’s not good enough.”

Paul Maynard Portrait Paul Maynard
- Hansard - - - Excerpts

The right hon. Gentleman tempts me to go further than my brief.

I recognise the worry that the new system might include a single centre with a consequent single point of failure. I also hear the right hon. Gentleman’s concerns about retaining skilled jobs in the peripheral areas and the potential wider impact on the local community and economy. The air traffic management system programme across the highlands seeks to bring together air traffic management for a number of airports in one location, as he set out. Innovative approaches to air traffic control have already been implemented successfully elsewhere, such as in Scandinavia in 2015 and at Cranfield in 2018. London City airport plans to launch its digital remote air traffic control tower later this year, as the right hon. Gentleman mentioned. There are precedents for the centralisation of air traffic control. I do not share the universal scepticism about it as a model of provision, and I have not encountered that scepticism when visiting air traffic control towers around the country, many of which are at high altitude, so full 360° visibility of the surrounding area is often not possible due to cloud.

Air traffic control arrangements are a commercial matter for Highlands and Islands Airports Ltd. I read today the debate that occurred in the Scottish Parliament, which was led by the right hon. Gentleman’s MSP colleagues, Beatrice Wishart and Liam McArthur. It was a cross-party debate, with concerns raised by Members from all the political parties represented in the Scottish Parliament. I noted Michael Matheson’s response too.

I am now aware that Highlands and Islands Airports Ltd will undertake an island impact assessment in line with the Islands (Scotland) Act 2018. I assure the Chamber that, before any new air traffic management system could take effect, the CAA would need to approve it. In giving its approval, the CAA would be bound by its overarching duty for the maintenance of air safety, so Highlands and Islands Airports Ltd will need to make sure that its proposals satisfy the local conditions. The CAA will not accept the safety case if all that can be said is, “Well, it worked at London City.”

The right hon. Gentleman’s points about the road cutting across the runway are germane to what HIAL has to prove to the CAA. I assure him that it will be treated as a single isolated application, not just one of many, so it will recognise those local conditions definitively. I note his observations about board membership; I am sure that Mr Matheson did as well. I note his comments about why Inverness was selected; I gather that was down to a staff survey. I also believe in the importance of an ongoing conversation with the CAA about many of these issues, not least the resilience of the digital connection, which he referred to.

More widely, I recognise that Highlands and Islands Airports Ltd is a vital part of the community across the north of Scotland. I have embarked on a review of regional airports and regional connectivity, and I look forward to visiting Scotland. I have not got there yet, but it may well be that Kirkwall and Sumburgh are on my schedule. I did three visits in Northern Ireland on Monday, so I am sure I can fit more in across the Highlands as a whole. I hope that if I am in Shetland or Orkney and the right hon. Gentleman is too, he will join me on my visit and we can see the roads running across the runway for ourselves.

The hon. Member for Dunfermline and West Fife (Douglas Chapman) made a number of interesting additional points that I will try to cover as best I can. It was rather difficult to prepare for the debate, because it was so widely set. I wondered who would attend and what issues they would raise. Many of the hon. Members I predicted would attend are not here and some of the issues that I did not predict have arisen. Such is the joy of having officials to tell me what to say occasionally.

I understand the hon. Gentleman’s concerns in the light of our departure from the European Union. Historically, aviation safety across the world has been led by this country and by the CAA. We remain a leading player in the International Civil Aviation Organisation. We have always been a leading player in the European Union Aviation Safety Agency. Our expertise is valued around the world. One of the CAA’s major roles is to provide services across the world to improve aviation safety. I do not think for a moment that that expertise, or the appetite for it, will be diminished. We take that very seriously.

The hon. Gentleman mentioned the various freedoms that enable as broad a range of destinations as possible to be served. I am sure he agrees that it is in no one’s interests to diminish that ability. Our objective in any future relationship is to agree as ambitious and comprehensive an air transport agreement as possible with the EU. I am confident that we can do so in the timescales described.

The hon. Gentleman also mentioned the interesting issue of drones and the extent to which technology is outpacing our ability to legislate. That is often a challenge in government and in Parliament. In many Bill Committees that I have sat on, we have tried to see into the future, but the important thing is to have a flexible approach to legislation, so that as things develop over time, the regulations can also develop. It is as much about the framework that we set up as about prescribing exhaustively every possible combination of circumstances that may or may not occur in future. All too often, our predictions about the future prove entirely wrong. I remember watching “Tomorrow’s World” as a teenager; I thought I would have my own jet pack by now, but I still take the District and Circle lines.

Our concept of the future can be misleading, but we can get the framework right. As the hon. Gentleman correctly points out, the Air Traffic Management and Unmanned Aircraft Bill is in the House of Lords and will come down here. If he were the SNP Member on that Bill Committee, I would be delighted. He could help with my futurology by making sure that the legislation is fit for purpose.

I thank the hon. Member for Kingston upon Hull East (Karl Turner) for his comments and for allowing me to focus on the concerns of the right hon. Member for Orkney and Shetland. I thank you, too, Mr Bone.

Alistair Carmichael Portrait Mr Carmichael
- Hansard - -

Normally we have two or three minutes to sum up. I assure the House that I will not take the full 21 minutes available to me.

I thank the Minister for his response. It indicated that he had listened, understood and engaged, and my constituents will be enormously grateful. We will take comfort from what he said and we will continue to pursue this issue, because it is not going away. I note what he said about the determination of the Civil Aviation Authority to ensure that this application is treated and examined in the context of its facts and circumstances, and that the approach will not just be taken that it can work because it works at London City. That message will be well received in the highlands and islands.

I note what the Minister said about the circumstances surrounding the investigation into the incident on 5 April 2019. I strongly remain of the view that sunlight is often the best disinfectant. At some point, some of the information will have to find its way into the public domain.

It has been a few years since we had a UK Transport Minister visit Orkney and Shetland. To my knowledge, the last one was Patrick McLoughlin when he was the Secretary of State. That, of course, was in the halcyon days of the coalition Government. The Minister is very welcome to return. I recommend that he comes in the foggy season—the summer, as we call it—rather than the windy season in which we currently find ourselves.

Question put and agreed to.

Resolved,

That this House has considered the Civil Aviation Authority and aviation safety.

Oral Answers to Questions

Alistair Carmichael Excerpts
Thursday 21st March 2019

(5 years, 4 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Surplus excitement is undesirable. The Minister has an exciting enough life as it is, gadding about the country on a variety of different train services, and we are indebted to him.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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16. What discussions he has had with stakeholders in the aviation industry on remotely managed air traffic control.

Chris Grayling Portrait The Secretary of State for Transport (Chris Grayling)
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Trains to planes, Mr Speaker. The Aviation Minister has held discussions on remote air traffic control tower operations with several organisations, including the Civil Aviation Authority, NATS, operators of airports such as Cranfield, Highlands and Islands Airports, and the Western Isles Council.

Alistair Carmichael Portrait Mr Carmichael
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Highlands and Islands Airports and the Scottish Transport Minister seem determined to drive the centralisation of air traffic control across the highlands and islands, despite the legitimate safety concerns expressed by its staff and socioeconomic concerns expressed by communities across the region. If they are not going to listen to us, will the Secretary of State ensure that the CAA certainly does when it comes to the sign-off of any scheme?

Chris Grayling Portrait Chris Grayling
- Hansard - - - Excerpts

I know well the team that runs the CAA, and I can give the right hon. Gentleman an undertaking that they would not sign off anything that they believed was unsafe.

Offshore Helicopter Safety

Alistair Carmichael Excerpts
Wednesday 6th February 2019

(5 years, 5 months ago)

Westminster Hall
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Westminster 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

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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It is a pleasure to serve under your chairmanship, Sir Henry. I congratulate the hon. Member for Stockton North (Alex Cunningham) very warmly on obtaining this debate

The hon. Member for Gordon (Colin Clark) spoke about the importance of the oil and gas industry to north-east Scotland and to my constituency of Orkney and Shetland. He is absolutely right. He also spoke about the safety culture in the industry, and he is right about that as well. However, it is sensible for us all to remember why that safety culture is as it is. Let us not forget that it was the Piper Alpha tragedy and the inquiry that followed, conducted by Lord Cullen, that really brought that culture right back to where it needed to be. The danger is that the further away we get from an incident like that, the more likely people are to forget the reasons why we have the rules that we do.

As the hon. Member for Stockton North said, there is a lack of confidence among the North sea workforce about helicopter safety. Whether that is right or wrong, justified or not, there is no escaping that fact. It is a legitimate question for us parliamentarians to ask what can be done to restore that.

The oil and gas industry in the North sea and to the west of Shetland is absolutely crucial to the continuing growth and performance of our economy. The effective and safe operation of helicopters within that industry is absolutely central to it. I still have concerns about whether a public inquiry is the best way forward. My principal concern relates to my experience of the 2013 crash of the Super Puma off Sumburgh Head at the south end of Shetland; I was the constituency MP, although the four people killed were not constituents of mine. They came from different parts of the United Kingdom, from Inverness all the way down to Winchester.

It is surely unacceptable that five and a half years after that tragic accident, the families have still not had the closure that they will get from a fatal accident inquiry. This is not an isolated incident; the fatal accident inquiry on the Super Puma that crashed about 240 km to the north-east of Peterhead in 2009 was not held until 2013—more than four years after the accident. We are now at five and a half years, and we do not yet know whether there will be criminal proceedings or a fatal accident inquiry. As the deaths took place in the course of employment, holding a fatal accident inquiry is mandatory, unless criminal proceedings are to be held.

One of the elements of delay relates to the work of the air accidents investigation branch. I understand why the AAIB runs its business as it does, and why it is important that it is able to get information from witnesses in a way that will get to the truth of the matter as far as safety and technical issues are concerned, and that the integrity of the AAIB is protected in that way, but the police service in Scotland and the Crown Office and Procurator Fiscal Service, which is ultimately responsible for making decisions on criminal proceedings or a fatal accident inquiry, do not start their work until the AAIB has completed and published its final report. The report on the 2013 accident at Sumburgh Head was not finally published until March 2016. It is getting on for three years since then.

In my correspondence with the Lord Advocate in Scotland, he tells me that the Crown Office and Procurator Fiscal Service had to raise legal proceedings in order to get the data from the voice and flight data recorder from the AAIB. I understand the need to keep the integrity of the AAIB work intact, but we are dealing here with two public bodies, both broadly charged with the same responsibilities—public safety, investigation and prosecution of crime, and the investigation of deaths in the course of employment. Surely there is a better way than having one public body take another public body to court to get access to relevant evidence.

Hannah Bardell Portrait Hannah Bardell
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Does the right hon. Gentleman agree that it is outrageous that families are left having to wait so long? I appreciate that there are many reasons for that, but the work of the AAIB must be done in conjunction and collaboration with other bodies, and it should not thwart any proceedings by the Crown. Families who have suffered deserve better.

Alistair Carmichael Portrait Mr Carmichael
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I agree with the hon. Lady up to a point. There will be occasions when it is absolutely crucial that the AAIB should proceed in the way that it is doing. It should not insist on proceeding in that way on every occasion, instead of exercising a measure of judgment and discretion about the information that can be shared at any stage with the police, the Procurator Fiscal Service and Crown counsel; that would indicate that we had two public bodies that were focusing solely on their work, rather than on the interests of the families.

The only people not given proper consideration in this process are the families. It is unacceptable that those families still do not know whether there are to be criminal proceedings or a fatal accident inquiry, five and a half years after the deaths of their loved ones. That does not allow them the closure that they absolutely deserve and need. That goes to the point made by the hon. Member for Stockton North about a public inquiry. When the sheriff has made his or her determination, there almost certainly will be a fatal accident inquiry, which will have the opportunity to make recommendations, and which might involve issues that would be appropriate for a public inquiry, but unless and until we get to the stage of having the FAI, we simply do not know that.

I hope that the Minister has heard what I have said about the work of the AAIB, and I hope that the Lord Advocate and those in the Crown Office in Edinburgh have heard. Even though they did not get to the starting line until March 2016, the fact that in February 2019 we still have no final determination from Crown counsel suggests to me that the Crown Office is also not beyond a measure of criticism. I know about fatal accident inquiries—I worked for three years in the Procurator Fiscal Service many years ago—and I know they are technical and difficult cases that require thorough preparation, but it is getting on for three years now; surely to goodness there is enough to bring a case to court, or at the very least for a decision about which course of action will be pursued.

We are at the point when all those charged with investigation and prosecution in the system need to take a long, hard look at what they do and how they do it. They should give more consideration to the families of those who have suffered in these tragedies.

None Portrait Several hon. Members rose—
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Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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It is a pleasure to see you in the Chair in Westminster Hall, Sir Henry, and I commend the hon. Member for Stockton North (Alex Cunningham) for securing this debate.

This is a difficult debate to have, and those hon. Members who have spoken about their families and about personal incidents have been incredibly brave. The numbers are staggering: 38 workers and flight crew have been killed since 1997. Their families and friends have lost somebody they loved—people have lost colleagues, friends and family members. The hon. Member for Gordon (Colin Clark) spoke about the importance to our constituencies of the oil and gas industry and those who fly in helicopters, and everybody in and around Aberdeen knows someone who has been affected by this issue. Our thoughts are with those who have been affected, particularly if this debate raises issues that perhaps they were trying not to think about at this moment in time.

In addition to fatal incidents, there have been 16 non-fatal incidents, and it is important to take those seriously as well and to consider what caused them. The difference between a fatal and a non-fatal incident can be small and involve just a slightly different thing happening, and it is important that any assessment considers what happened during an incident, why it happened in the first place, and why it did not lead to fatalities.

I was a city councillor in Aberdeen when the events of April 2009 unfolded. Social media was already a thing, although it was not quite as widely used as it is now, and we began to see events unfolding. I remember watching in absolute horror during those events, and again in 2013. Everybody was terrified that any future incident would be a repeat of what happened in 2009, and in 2013 we saw that those fears were well-founded.

Alistair Carmichael Portrait Mr Carmichael
- Hansard - -

May I add one further reminiscence? I was pulled back to this by the hon. Member for Coatbridge, Chryston and Bellshill (Hugh Gaffney) because as a student I assisted the senior depute who conducted the fatal accident inquiry into the Cormorant Alpha crash. That happened in March 1992, and the fatal accident inquiry was held in April 1993. Does that not show how we have lost our way in relation to the investigation of these incidents?

Kirsty Blackman Portrait Kirsty Blackman
- Hansard - - - Excerpts

I agree that there has been a significant change in the length of time required for an inquiry. In order to learn lessons from these incidents, we must ensure that investigations take place much more quickly than they currently do, so that any required changes or safety improvements are made as quickly as possible to ensure that our industry is as safe as it can be. We are asking people to do a difficult and dangerous job, and to get into helicopters to travel to work. The least we can do is to come out here batting for our constituents and ensure that we have the best safety record and best safety measures for the future. The SNP wants to maximise economic recovery from the North sea, but we will do that only if the workforce are on board, are supported and protected, and have the workers’ rights that enable them to go out and do their job.

I am aware that I do not have much time, so I will speed through a couple of points. The Scottish Government are reviewing whether to back calls for a full public inquiry into this issue, and the Cabinet Secretary for Transport, Infrastructure and Connectivity and the Minister for Energy, Connectivity and the Islands met union representatives and agreed to raise the issues that were discussed with the Civil Aviation Authority and the Oil and Gas Authority. Aviation safety, including offshore safety, is wholly reserved, but the Scottish Government are asking for a collaborative approach to be taken on safety measures and anything that relates to an inquiry.

For us, the most important thing is that the concerns of offshore workers are heard. I spoke to Airbus about what happened with the Super Puma, and at every opportunity I said that it needed to consult the workforce, because for anything that it wants to do in future with the Super Puma, or any other helicopter, the workforce need to be involved. Airbus needs to hear people’s concerns and not just talk at them, and I made that case in those meetings and will continue to do so.

To add to the point raised by my hon. Friend the Member for Livingston (Hannah Bardell), it is vital that any reduction in spend by companies who have had a lower oil price in recent times compared with previous years does not reduce the frequency of safety inspections or safety indicated repairs, and does not put safety at risk. As the hon. Member for Gordon said, safety is embedded in the culture, but we must ensure that when belts are tightened, safety continues to be the No. 1 concern of those in charge of such matters. Whether that involves the Oil and Gas Authority, the CAA, the UK Government, or the oil and gas companies, safety must continue to be at the forefront to protect our workers.

--- Later in debate ---
Jesse Norman Portrait Jesse Norman
- Hansard - - - Excerpts

I am very grateful to the hon. Gentleman for raising that issue. I cannot speak about the frequency of the group’s meetings, but anyone who is scrutinising this debate with the proper level of attention, as I am sure the group will be doing, will take his remarks alone as a good kick in the pants. If those meetings have been insufficiently frequent, I encourage the group to have more; I support what he has said.

Let me say a few more things, and then I will come to hon. Members’ interventions. A number of hon. Members referred to the Super Puma helicopter, and I absolutely recognise the concerns of workers who have seen colleagues perish in that aircraft. It is important to recall that after the Norwegian accident, both EASA and the CAA placed operating restrictions on the Super Puma. When EASA cleared the helicopters to serve in October 2016, the UK and Norwegian CAAs maintained their operating restrictions to make certain the aircraft were safe to fly. They did not operate in a herd-like way. They played off each other, scrutinised each other and interrogated each other, and they did not reach the same conclusion. In doing so, they worked with, among others, representatives from Unite, the RMT and the British Airline Pilots Association. They lifted operating restrictions in July 2017 only after significant modifications were made to the aircraft and training was undertaken.

The regulators clearly did not take that decision lightly; they did so only after they were confident that the aircraft could meet stringent standards and were fit to fly. Of course, the CAA continues to work with a range of stakeholders, including unions, to provide the assurances that are publicly needed. The regulators are content, subject to the additional checks that I have described, for the aircraft to re-enter service, but the decision rests with operators and their customers. To date, none has come forward.

I absolutely respect the initiative and the viewpoint of the hon. Member for Stockton North, who seeks a public inquiry. He has made similar representations to the aviation Minister. We take these matters extremely seriously and we have given the question careful consideration, but we are not yet persuaded that that is the right thing to do. The right hon. Member for Orkney and Shetland was very wise in pointing to the potential conflicts of jurisdiction that already exist, and he said that he was concerned about the delays and lack of closure for the families.

Alistair Carmichael Portrait Mr Carmichael
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On that point, may I bring the Minister to the interaction between the air accidents investigation branch and the Crown Office and Procurator Fiscal Service? Surely, without compromising the integrity of either, it would be possible to have a better information-sharing regime that would minimise delays for the families. Would the Minister take that away and look at it?

Jesse Norman Portrait Jesse Norman
- Hansard - - - Excerpts

That is a very interesting idea. I feel slightly as though I should withhold my own judgment, because I am not the aviation lead; Baroness Sugg is. I will absolutely take that issue up with her, because I recognise the concerns that the right hon. Gentleman describes.

It is clear that more needs to be done to provide reassurance about the safety of the helicopter fleet. As has been mentioned, after every accident the air accidents investigation branch conducts an independent and transparent investigation and publishes a very detailed report with a set of safety recommendations to the industry and the regulators.

Let me turn to some of the points that have been made, many of which are very important. My hon. Friend the Member for North Cornwall (Scott Mann) rightly reminded us that pilot error is the leading cause of death and injury in civil and commercial aviation. I echo the emphasis of my hon. Friend the Member for Gordon on embedding a safety culture.

To come back to a point made by the hon. Member for Kingston upon Hull East (Karl Turner) , it is not quite right that commercial activity is antithetical to safety. I have lived and worked in communist countries, and I can tell him that the safety records in those places, which were notionally devoted to the wellbeing of workers, was absolutely lamentable. There can be commercial pressures in any safety-oriented situation, and they must be offset by a rigorous internal culture. That is why the emphasis that we and the oil and gas industry place on that is of such importance.

A point was made about the role of the CAA. The CAA not only goes beyond the EASA recommendations, but is itself audited by EASA. The hon. Member for Kingston upon Hull East asked whether the Government wish to stay in EASA following Brexit. As I have repeatedly assured him—of course, this is a matter still for discussion—EASA is in many ways an offshoot of the CAA, and we would like nothing better than to have a comprehensive agreement that includes an appropriate relationship with EASA, whatever the legalities are, because we recognise what it does.

The hon. Gentleman asked whether offshore voters should have a majority vote on the introduction of new helicopter airframes. I cannot comment on the practicality of that. I would say, however, that offshore workers have, in effect, already spoken: they have made it clear that they do not have confidence at the moment. I think that is right.

I have very little time, and I want to allow the hon. Member for Stockton North a chance to give a final response. I thank him for securing this important debate, and I thank everyone who has made contributions—especially those who have brought their personal experiences to the table. The entire framework of the British Government recognises that those who rely on offshore helicopter operations must have their safety preserved. That is of the utmost importance. We also believe that all parties must continue to take whatever steps they can to minimise the risks in those operations and ensure confidence among those who travel in these aircraft.

Road Safety

Alistair Carmichael Excerpts
Monday 5th November 2018

(5 years, 8 months ago)

Commons Chamber
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Jesse Norman Portrait Jesse Norman
- Hansard - - - Excerpts

The topic has already been raised. As I have pointed out, there is already guidance relating to horse riders in The Highway Code. I am always delighted to take further suggestions from colleagues and will look further at the question that my hon. Friend raises in the light of this debate.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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I associate myself with the remarks of the hon. Member for Witney (Robert Courts). This matter becomes ever more pressing. Across the whole country, rights of way are being salami-sliced, piece by piece; and, piece by piece, horse riders are being forced on to the highway. That is why this matter is important, and its importance will only continue to grow.

Jesse Norman Portrait Jesse Norman
- Hansard - - - Excerpts

I entirely agree with the right hon. Gentleman. It is very interesting that he makes the point about not only the danger to horse riders, but the reason for that danger. It is therefore rather important that all the unregistered roads and byways are properly acknowledged, notified and recognised in order to make sure that spaces are available for people to be able to ride happily and safely without having to go on to the highway.

Oral Answers to Questions

Alistair Carmichael Excerpts
Thursday 11th October 2018

(5 years, 9 months ago)

Commons Chamber
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Nusrat Ghani Portrait Ms Ghani
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My hon. Friend, like me, is a champion of Southampton port and of increasing the seafaring population. Ports such as Southampton have a key job to do in accessing our global markets. We support a range of initiatives promoting careers at sea and on land in the maritime sector. We have developed maritime apprenticeships and doubled the SMarT budget to £30 million to increase cadetships, and we support a wide range of campaigns such as seafarers awareness week and a campaign that I launched myself—Women in the Maritime Task Force—to increase the current pitiful 3% of maritime jobs held by women.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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One thing that would bring young people into the industry is decent wages. The Scottish Government recently commissioned a survey of the extra freight service from Aberdeen to Lerwick. I am told by RMT officials that the operators may be paying as little as £3.78 per hour. That is something that the Scottish Government should not be allowing, but it would not be an option if the Minister implemented the legal working group recommendations that she received earlier this year without any further delay.

Oral Answers to Questions

Alistair Carmichael Excerpts
Thursday 24th May 2018

(6 years, 2 months ago)

Commons Chamber
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Nusrat Ghani Portrait Ms Ghani
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I can give my hon. Friend the fullest assurance. Shipping is an international industry, and the UK strongly believes it should be regulated at an international level by the IMO. My officials and I recently played a leading role at the marine environment protection committee, where we secured the landmark agreement on phasing out greenhouse gas emissions. The UK takes great pride in being the host Government of the IMO, which is based just across the Thames, and we will continue to maintain our active role within the organisation’s work for the foreseeable future.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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One of the biggest problems facing fishing vessel safety is boats going to sea undermanned because they cannot get enough crew. Will the Minister use her offices to make a proper assessment of that and pass on her findings to the Home Office to inform its consideration of the opportunities for getting more crew from non-European economic area countries?

Nusrat Ghani Portrait Ms Ghani
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Trying to encourage, recruit and retain people to work in the fishing, port and shipping sector is a priority for the Department. We know how difficult it is to attract people who are not already in contact with fishing, ports and ships. We are doing what we can to try to encourage people to think of shipping, fishing and working in ports as jobs going forward. We have set up a number of initiatives, especially this year, through the Year of Engineering, to try to get young people interested in being employed in fishing, ports and shipping, and we will share that information with any Department that wishes to see it.

Emily’s Code: Pleasure Vessel Safety

Alistair Carmichael Excerpts
Wednesday 1st March 2017

(7 years, 4 months ago)

Westminster Hall
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Richard Graham Portrait Richard Graham
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My hon. Friend is absolutely right; I know that he has experience in his constituency of a death that received a lot of publicity at the time. It was a sad incident indeed, which I know he cared very much about. He is right, and I will come on to kill cords.

I hope that the very human appeal of Emily’s code will help its message to reach a wider audience. In this House, as hon. Members know, publicity can be a double-edged sword, but in this case I would be grateful if every newspaper, online forum and TV and radio station gave Emily’s code maximum coverage. I say to all members of the media that they, too, can help to make a difference.

The key, so far and in the future, is a spirit of partnership, bringing together designers, experts and parents, who know the real impact that safety notices have when they are put into practice well. The code has the support of all the major players—the coastguard, British Water Ski and Wakeboard, and the Royal National Lifeboat Institution.

What is the code? Let me go through it in some detail. Each element of it contains a letter that spells “Emily’s code”. The first is:

“Wear a suitable lifejacket or buoyancy aid”.

The lifejacket should be a comfortably snug fit and should be fastened fully—are the straps tightened up, or is there too much room underneath? The second is “Service equipment”—is there fuel, and is the engine working? The third is “Get trained”—have I had any training courses? The RYA offers courses that can save lives. The fourth is “Make a plan”—where do I plan to go? Will I be inland, onshore or offshore? What will I do if the worst happens? Have I planned my passage? The fifth is “Know your limits”—have I ever been out on the sea before? What is a safe speed?

The sixth element is “Carry distress signals”—it is fine not to have those until suddenly it is not, and no one knows when that will be. Understanding the benefits of marine VHF—very high frequency—radios, and how to use them, is critical. The seventh is “Use the kill cord”—as my hon. Friend the Member for North Cornwall (Scott Mann) mentioned, it should always, without fail, be attached both to the ignition and to the person’s body before they operate the engine. The eighth is “Know your boat”—there may have been upgrades to it recently. Do I know what they are and what the impact of them could be? Do I know whether it was made before ’96 and is therefore not built to the standard of the recreational craft directive? The ninth is “Have a radio”, which is so simple to do.

Last, but by no means least, is “Check the weather”, which is a point that my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) made. People should check it the day before, again in the morning and again when they go out. We know how changeable weather can be. Most of us now have weather apps on our phones, and a simple tap can tell us what to expect. Thinking about the weather is crucial to the safety of a boating expedition.

The purpose of this debate is to highlight what happened to my constituents and what they have done to try to prevent it from happening again, but it also shows how Government agencies, the voluntary sector, a family and their MP can work together to try to make something good out of something ghastly. I am very grateful to all involved.

I know that my right hon. Friend the Minister cares deeply about young people and their opportunities; all the work he did on apprenticeships shows that clearly. I hope that he agrees that the cause of preventing fun days on the sea from turning into nightmares is a very good one, and that he will agree to support Emily’s code and the message that it sends about boating safety. We have to recognise that a voluntary code like this is only as good as its take-up, its publicity and its ability to make us all think more carefully.

Will the Minister also agree to look at the recreational craft directive, which is an EU directive? Will he see whether we can ensure that it is carried over into UK law and that if it is ever abolished, it is replaced by an equivalent UK minimum technical and safety standard for boats sold here, including requirements for stability, freeboard, buoyancy and flotation? In this case, the boat sunk by the stern, but the RCD harmonised standards for speedboats like this one made after 1996 direct that they should float horizontally when swamped—that sounds technical, but it is crucial. The directive has clearly improved boat user safety; we do not want to move backwards when EU laws are converted into British law.

Finally, let me address what Emily’s code is about and what it is not about. The code may have lessons for different activities that are equally fun, but that need careful supervision—not in order to stop, prevent or restrict them, but to make sure that risk management is a natural part of having fun. People setting off up mountains on beautiful days need a map, a compass, a mobile with battery, emergency rations, water and a waterproof, just as much as if they were going out on the sea.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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I very much commend the hon. Gentleman and his constituents for the efforts that they have made. Looking beyond the leisure boating sector, does he agree that there is also an opportunity for lessons about planning, training and servicing equipment to be learned in the commercial sector? Fifty-four commercial fishermen were killed at sea between 2010 and 2014. Does not that show that the same lessons have a wider application?

Richard Graham Portrait Richard Graham
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The right hon. Gentleman is absolutely right. I did not know that figure; it is surprising and shocking. All these tragedies, whether in Cornwall, Scotland or Devon, have implications for how we improve things.

The important thing is not to prevent people from having fun, but to make that fun more risk-aware. Emily’s code is for boating in the sea, but I wonder in whose honour other codes may be needed on the land one day, because we are always learning lessons from accidents.

I hope that this debate in honour of Emily Gardner and her family will be the warm-up act for the launch of Emily’s code on Saturday. It recognises all the help from the organisations that I listed and the input from my hon. Friend the Member for Totnes (Dr Wollaston), whose constituency includes Brixham harbour. It salutes the determination of Debbie and Clive Gardner and the whole family, who have stuck together through this, as well as the generosity of those who have raised funds for them, with runs at Wall’s Club, bike rides, Debbie’s own runs and much more besides, to create this enduring legacy of love for a girl and awareness for everybody in the boating world.

After the launch on Saturday, emilyscode.org will also launch. I encourage everyone to look at the materials on offer, to get in touch with Clive and Debbie and ask them to come and speak in their constituency about safety, and to make sure that the next time a child goes out on a boat, they check their lifejacket, check the weather and check everything. Next time anyone goes out to sea in a boat, please will they stop and think first about Emily’s code?

UK Maritime Industry

Alistair Carmichael Excerpts
Thursday 12th January 2017

(7 years, 6 months ago)

Westminster Hall
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Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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I beg to move,

That this House has considered the future of the UK maritime industry.

I am grateful to the Backbench Business Committee for allowing us the opportunity to debate this most important industry today, and I am grateful to see so many colleagues from across the House present. We have probably gone beyond the point in the year where we should be wishing each other a happy new year, but given that today we are on the old new year, I can wish you, Mr Walker, and indeed those residents in parts of my constituency such as Foula, where they still keep the old new year, a happy old new year. I say that because the people of Foula—like, indeed, people in island communities throughout the country—can maintain their lifestyle because of the dedication, commitment and professionalism of seafarers. Without seafarers, we who live in island communities simply could not exist in the way we do. Of course, that is true of the nation as a whole because the United Kingdom is an island nation.

The UK maritime industry faces a number of fairly significant challenges. Those are not new. We have been on a track that has taken us mostly down—occasionally up—for some decades. I will start, however, with a rare piece of good news. Hon. Members will have heard me speak before about the situation pertaining to the arrangements involving Seatruck, which provides the freight ferry to the Northern Isles that serves Orkney and Shetland. It was announced yesterday that Serco, which holds the franchise for the service, and Seatruck, which provides the ferries, have been able to do a deal that guarantees that the ratings on the ferries will be paid the minimum wage at the very least. It remains to be seen whether the collective bargaining agreement between the National Union of Rail, Maritime and Transport Workers and NorthLink for the remainder of that franchised public service will be extended to those ferry services, but the guarantee is at least something to welcome.

Chris Stephens Portrait Chris Stephens (Glasgow South West) (SNP)
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I congratulate the right hon. Gentleman on securing the debate. Does he agree that it would be helpful if the shipping Minister were to announce today that the national minimum wage would be paid to all seafarers across the United Kingdom?

Alistair Carmichael Portrait Mr Carmichael
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It will not surprise the hon. Gentleman to hear that I will have a fair bit to say about national minimum wage and national living wage enforcement, because that is something that has come very much to the fore this year. It came to my attention in particular through the detention of the Malaviya Seven in Aberdeen and its sister ship, the Malaviya Twenty, in Great Yarmouth. Those ships have been detained by the International Transport Workers Federation as a result of non-payment of the crew’s wages. The ownership of the ships is being contested—the case is winding its way through the courts. I am afraid I have to say that the willingness of the shipowners in those cases to leave the seafarers they employ effectively destitute does them no credit. Sadly, it does not reflect particularly well on the wider industry, either.

Where we have seen some progress—the Seatruck case—is however perhaps the low-hanging fruit. As I see it, that is just the tip of the iceberg. As we speak here in London, there are non-domiciled seafarers, principally Filipinos, working out of Scottish ports, being paid significantly less than the national minimum wage but still having retained by their employment agents—also domiciled outside the EU and also principally Filipinos, I am told—some 32% of their wages in respect of UK tax and national insurance. In some ways, that illustrates the absurdity and inadequacy of the current enforcement arrangements. If these men are not here working as part of the UK, why are they paying UK taxes? If they are here working as part of the UK, why are they not given the protection offered to other UK employees and workers?

The more I find out, the more it seems that the situation facing many seafarers working on ships that in some cases have not left UK waters effectively for decades is just as bad as the situation that led the previous Labour Government to set up the gangmasters licensing system. It may be that at some point we will have to take a similar approach on the position of seafarers.

John Hayes Portrait The Minister of State, Department for Transport (Mr John Hayes)
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I intervene because it is so often the case that there is not sufficient time at the end to answer all the points made in the debate. The right hon. Gentleman is striking a chord with me, with which I have considerable sympathy, as he will know from our work together in the past. We will do more on this—he can be assured of that—and I hope to say a little more about that at the end.

Alistair Carmichael Portrait Mr Carmichael
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I am immensely grateful to the Minister for that intervention. I know he has a personal and political commitment in this regard and I am delighted that he was able to offer us that assurance again.

This is not just about the treatment of Filipino seafarers; there is also an effect on UK seafarers. First, because of such employment practices, UK seafarers are excluded from employment opportunities that would otherwise be available to them. That also drives down wages for those who are employed. I am told that Stena Line, the largest UK employer of seafarers, cut the hourly rate of pay for ratings employed seasonally—from June to September—from £8.31 to £7.20, which is the minimum wage rate. That is a graphic illustration of the direct impact on UK seafarers.

The situation has a context. For the Government’s purposes, that context is the maritime growth strategy that they commissioned in 2014. That was a good, comprehensive piece of work, and it was welcomed. If anything, it was somewhat overdue, coming the best part of two decades after the previous piece of work had been done. It made a number of recommendations. The most important was that leadership was required from both Government and the industry, including though a more commercial and responsive UK maritime administration within Government and an industry-led promotional body, with more proactive action to replenish and develop the skills needed to maintain our position as a world-leading maritime sector and effective marketing by the industry and Government of what the UK maritime sector has to offer both domestically and internationally to be strengthened.

I could probably do 90 minutes on the maritime growth strategy alone, but in view of the number of others who wish to take part in the debate, I will concentrate on the one aspect that, to my mind, is probably the most significant: training of seafarers. The Minister will know that since the turn of the century, we have had the SMarT—support for maritime training—scheme, which currently holds something in the region of £15 million. The British Chamber of Shipping tells me that it is looking for a doubling of that. I hope the Minister will look at that, because in terms of Government expenditure that is of course a significant ask, but it could bring significant rewards. I hope, though, that when the Minister engages with the industry in respect of that ask, he will not be shy about attaching some strings to any increase in funding.

I am told that a year’s guaranteed employment is on offer for those who are trained as officers under the scheme. That of course would tackle one of the major difficulties that I hear about consistently from constituents who work in the industry: that officers in particular are trained under SMarT scheme funding, but there is no employment for them once they qualify. There has to be a little more detail. We have to do more than simply extend the cliff edge out by one year, so that a situation in which we currently have training followed by no employment does not then become training followed by one year’s employment followed by no employment.

Karl Turner Portrait Karl Turner (Kingston upon Hull East) (Lab)
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I think the right hon. Gentleman is right about the officers being trained under the scheme—15, I think—but only one rating is required to be trained under the deal, and that does not happen either.

Alistair Carmichael Portrait Mr Carmichael
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Indeed, and the hon. Gentleman anticipates my next point. Currently within SMarT training, a minuscule proportion of the fund is allocated to the training of ratings, and even that portion is not being taken up by the industry. When the Minister comes to look at the question of SMarT funding and the training scheme that comes under it, it should not be all about officers; it also needs to be about the training of ratings as well, otherwise we are again only seizing the low-hanging fruit.

My constituents have significant concerns not only about the lack of availability of jobs when the training is concluded, but very often about the quality of the training provided for them. I have been told of one constituent who in five months as a cadet officer was able to speak English on his ship only once. Given that we are talking about predominantly young men who are away from home for the first time, the significance of that as a living experience should not be overlooked.

The Minister and the Government really need to look at the roles of the Merchant Navy Training Board and the Maritime and Coastguard Agency and the lack of joined-up administration between them. We might then see people getting quality training that gets the taxpayer value for the money that they are putting into it. I do not believe there is any shortage of people looking for a career at sea, but there are obvious and significant obstacles being put in their way. The head of UK shipping for Maersk said that it had taken on 34 cadets selected from 936 applications, which illustrates the demand out there for careers in this vital sector.

I want to remind the House what the industry brings to the United Kingdom. According to PricewaterhouseCoopers, the maritime services sector directly contributes £4.4 billion and 10,000 jobs to the UK economy. Shipping in general produces £11 billion and 113,000 jobs. The Baltic and International Maritime Council’s latest five-yearly report to the International Maritime Organisation states that the worldwide shortage of officers is 16,500, which could rise to 92,000 by 2020. That is the scale of the opportunity ahead of us, as a highly respected maritime nation, if we take the right decisions now for the future of our industry.

None Portrait Several hon. Members rose—
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--- Later in debate ---
Alistair Carmichael Portrait Mr Carmichael
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We have had a truly excellent debate. Although we have had contributions from 15 right hon. and hon. Members, including the Minister, we have managed to cover the full range of areas, instead of each of us standing up and piece by piece repeating what has already been said. I hope that we will see the debate as not just an event in itself, but the start of a process, and that the Minister will make good on his undertakings this afternoon, both on the prioritisation of policy work and on his continuing engagement with parliamentarians. It is clear that there is a common and shared interest in all parts of the House. For me, it is a matter of some satisfaction and relief that the debate has been as well attended and productive as it has been.

I confess that this is the first time I have sponsored a Back-Bench business debate. When I was last a Back Bencher, there was no such thing as the Backbench Business Committee. I got a bit of a telling-off from the Committee because apparently I did not fill in the form very well. Those things are important; I took its criticisms to heart. When the opportunity arises for a reprise of this debate, I will be able to pray in aid our excellent proceedings this afternoon to ensure that we can keep the issue on the Floor of the House and at the front of public attention, because that is where it belongs.

Charles Walker Portrait Mr Charles Walker (in the Chair)
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I thank all colleagues for their co-operation on time.

Question put and agreed to.

Resolved,

That this House has considered the future of the UK maritime industry.

Exiting the EU and Transport

Alistair Carmichael Excerpts
Wednesday 23rd November 2016

(7 years, 8 months ago)

Commons Chamber
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David Jones Portrait Mr Jones
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No, nevertheless. Today’s announcements have demonstrated the commitment of this Government to investing in transport in the UK to help deliver growth and economic security for the whole of the UK. This will remain the case after we leave the EU. The UK remains open for business and industry continues to invest in the UK, as demonstrated by recent announcements such as Associated British Ports’ investment of £50 million in vehicle-handling facilities at the port of Southampton. We will do our best to ensure that transport remains central to our consideration of the issues that arise in the context of our departure from the EU. Once again, I thank hon. Members for their contributions today.

Question put and agreed to.

Resolved,

That this House has considered exiting the EU and transport.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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On a point of order, Madam Deputy Speaker. I seek your guidance in relation to a matter, notice of which I have given to Mr Speaker and, indeed, to the Foreign Office. Yesterday, during Foreign Office questions, the Under-Secretary of State for Foreign and Commonwealth Affairs, the hon. Member for Bournemouth East (Mr Ellwood), in answer to the hon. Member for Central Ayrshire (Dr Whitford), concerning the demolition in the Negev of Umm al-Hiran in Israel, said:

“I will be looking at this particular announcement and making a statement on this later today.”

—[Official Report, 22 November 2016; Vol. 617, c. 749.]

At about half-past 6 yesterday evening, my office made an inquiry of the Minister’s office and was told that a statement would be issued as soon as possible. We were told the same thing this morning. We were then told that, in fact, it would be a media statement. At about 5 o’clock, when my office phoned again to give notice that I intended to raise this as a point of order, a very short press release was put on to the Foreign and Commonwealth Office website.

The point on which I seek your guidance is this: is a Minister in compliance with his or her duties to the House by saying that he or she will make a statement and then issuing a press release, given what Mr Speaker has said in the past about the House being told first before the media?

Eleanor Laing Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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I thank the right hon. Gentleman for his point of order. He and the House know that it is not a point on which I can make a ruling from the Chair, because, of course, the way in which statements are made by Ministers is ultimately a matter for the Minister himself or herself, but I appreciate the point that the right hon. Gentleman makes. He has effectively drawn the matter to the attention of the House and, I hope, rather more widely, because it is a sensitive and important matter. Mr Speaker has said many times in the past that, when a Minister has something to say, it ought to be said first to the House. I cannot make a judgment or a ruling about the issue that the right hon. Gentleman raises, but one would hope that if a Minister has given an undertaking to come to the House with certain information, he will do so at some point. I thank the right hon. Gentleman for bringing this sensitive issue to the attention of the House.

Oral Answers to Questions

Alistair Carmichael Excerpts
Thursday 17th November 2016

(7 years, 8 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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This is about light rail schemes for the city of Leeds, which is a very considerable distance from the constituency so ably and eloquently represented by the hon. Gentleman.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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12. What discussions he has had with officials of Her Majesty’s Revenue and Customs on enforcement of the national minimum wage for seafarers employed in the North sea.

John Hayes Portrait The Minister of State, Department for Transport (Mr John Hayes)
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The right hon. Gentleman will know I am a proud trade unionist. This is an area of great concern to me. I have met my friends in the National Union of Rail, Maritime and Transport Workers, and Nautilus International—I have Nautilus’ charter with me. My officials have been working closely with officials in the Department for Business, Energy and Industrial Strategy and HMRC, as well as stakeholders, on the application of the national minimum wage to seafarers in UK waters more generally.

Alistair Carmichael Portrait Mr Carmichael
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I am grateful to hear that the Minister is taking this matter seriously. It surely cannot be right for HMRC to deem that a ferry service that starts in Aberdeen and finishes in Lerwick is operating wholly outside UK territorial waters. It is nonsense for the body that is supposed to enforce the minimum wage to be undermining it in this way. Will the Government do something to stop this?

John Hayes Portrait Mr Hayes
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I worked with the right hon. Gentleman in government and he knows of me what I know of him, which is that he does his homework. I have the statutory instrument and the original legislation in my hand as I speak. Let me tell him this: I am committed to reviewing the legislation to ensure that it applies to the offshore sector.