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Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] Debate
Full Debate: Read Full DebateBaroness Bray of Coln
Main Page: Baroness Bray of Coln (Conservative - Life peer)Department Debates - View all Baroness Bray of Coln's debates with the Department for Transport
(1 month, 3 weeks ago)
Lords Chamber
Baroness Bray of Coln (Con)
My Lords, there is much in this civil aviation Bill that is sensible and worthy of support across the House. As we have been hearing, aviation remains vital to the United Kingdom, island nation that we are. It supports trade, tourism, investment and employment in every region of our country, it connects families and businesses, and it helps sustain Britain’s position as an outward-looking and internationally connected nation, serving passengers across the world.
When those passengers purchase a ticket, they are entitled to fairness, transparency and proper treatment when things go wrong. Consumers should know clearly what they are paying for, should receive timely information when delays or cancellations occur, and should not face endless obstacles when seeking compensation or redress. In that respect, measures to strengthen consumer protections and to improve clarity, by making aviation regulations clearer and less fragmented for consumers and industry, are welcome, provided that such reforms remain subject to proper scrutiny and ongoing review when necessary.
I recognise and support the case for fairer competition within aviation markets and for ensuring that access to airport capacity is not unduly dominated by entrenched, long-standing interests. At some of our major airports, incumbent airlines can become excessively dominant over time, which may reduce competition and ultimately work against the interests of passengers through reduced choice and weaker competitive pressure. However, reforms designed to improve operational efficiency must proceed with proper regard for the communities affected by likely increased aviation activity. At its best, good governance is about balance: balancing economic progress with accountability, transparency and public confidence. It is on that basis that parts of this Bill deserve closer scrutiny.
Too often, modern legislation comes before this House as a broad framework, while substantial powers are left to future regulations, ministerial direction or regulatory interpretation. That matters in this case, where changes presented as technical or operational may have significant consequences for communities far beyond airport boundaries. Parliament should always exercise caution before delegating wide discretionary powers without sufficient safeguards or scrutiny.
To be clear, this is not formally an airport expansion Bill, but it does involve changes to airspace management, operational arrangements and regulatory powers. Sometimes communities have been told that proposed changes are just technical adjustments, only for them to discover over time that the cumulative effect is a substantial increase in aviation intensity which subsequently places them under new or busier flight paths, sometimes far beyond airport boundaries.
For many residents, especially in rural and semi-rural Britain, this can be a serious development. It may well lead to the introduction of aircraft noise over towns and villages hitherto totally unused to it, or an increase for others. There are quite likely to be more runways and expanding regional terminals, along with increased traffic on local roads and pressure on local infrastructure, countryside and green spaces, and the gradual erosion of the quiet character of areas where people have chosen to live and which are all that some people have ever known. Once lost, it is rarely recovered. What does that do for local property values, by the way?
I am not opposed to aviation or economic growth. Britain needs both. However, public confidence depends upon assurance that change will proceed fairly, openly and with proper regard for those affected. This House must not only support economic activity but ensure that decisions command legitimacy and democratic consent. The countryside is not simply spare land awaiting development. Communities likely to be affected are not obstacles to be managed through consultation exercises of questionable sincerity. Quality of life—including quiet, landscape and environmental stability—has genuine public value, even when such things are hard to quantify economically.
While I support many of the broad objectives of the Bill, I hope that Ministers will listen carefully in Committee to concerns regarding parliamentary scrutiny, community consultation, and the cumulative impact of aviation expansion and airspace change. I hope that we can ensure that significant regulatory changes remain subject to proper parliamentary oversight, that communities likely to be affected are properly consulted before decisions are settled, and that environmental and countryside protections remain meaningful safeguards rather than procedural formalities.
If the Bill proceeds in that balanced spirit, supporting consumers and economic activity while respecting communities and democratic accountability, it will be considerably stronger legislation. Ultimately, that is the balance that I hope this House will seek to achieve.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] Debate
Full Debate: Read Full DebateBaroness Bray of Coln
Main Page: Baroness Bray of Coln (Conservative - Life peer)Department Debates - View all Baroness Bray of Coln's debates with the Department for Transport
(1 month, 1 week ago)
Grand CommitteeIn proposing Amendment 65, I must declare again my interests as set out at Second Reading. I have held a private pilot’s licence for about 40 years now. I am an officer of the All-Party Parliamentary Group on General Aviation, and I am the author of its inquiry into our lower airspace that was conducted a year or two ago. I am honorary vice-president of the British Airline Pilots Association and a former airport director. In a way, I am looking at this subject from rather more than one perspective.
At Second Reading, I pressed the Minister on Clause 6, and, in particular, on the change it makes to who must pay for air traffic and air navigation services from
“operators or owners of aircraft”
to simply “persons”. I asked what lay behind this decision and whether it was prompted by newer developments such as drone delivery, and at that point I referred to the Minister nodding his head. I am afraid that perhaps I was taking too much on in assuming that the nod related to my remarks—I make no aspersions otherwise. I said then that the burden on general aviation ought to remain broadly where it sits today.
This amendment would require the Secretary of State and the authority in exercising their functions over these charges to have regard to two matters: the growth and sustainability of general aviation, and the desirability of ensuring that those carrying out general aviation activities do not pay charges disproportionate to the use they make of the services. Many of my colleagues here who have spoken earlier in these debates have indicated their interest in general aviation, so there are quite a lot of us around, but it is important that I explain to the Committee that general aviation means civil aviation other than commercial air transport. It includes gliders, light aeroplanes, microlights, and the private and training flights of which I spoke earlier. It is not airlines and it is not, as I shall come to say, drones. On the Government’s figures in their general aviation strategy, the sector contributes, they accept, something in the order of £3 billion in gross value added and supports some 38,000 jobs. It is around 1/14th of the size of the commercial airline industry.
The figure I ask the Committee to hold in mind is that a great majority of those who sit at the front of the airliners that this Bill is chiefly concerned with—by some estimates three-quarters or more—began in general aviation, very often paying for their own training at the small flying schools the regulator knows as declared and approved training organisations. Those same schools and that same flying give us our future air traffic controllers and aircraft engineers, as well as those who pilot light aircraft. With Boeing and Airbus alike forecasting a need for several hundred thousand new pilots around the world in the years ahead, this is exactly the wrong moment to make it more expensive to learn to fly. From my involvement with the British Airline Pilots Association, I can tell the Committee that the profession, as was referred to earlier by the noble Lord, Lord Tunnicliffe, watches the health of general aviation closely, for it is from there that the profession is renewed.
I will mention drones, for I suspect they lie close to the heart of the change. The Government have been candid that the Bill is needed in part because of new users of the air—the drones and the air taxis that will follow. I do not quarrel with that. Those users will make real demands on a future digital airspace and it is fair that they should pay their share, but the drone is not general aviation. They are governed by a separate code altogether in the air navigation orders and the unmanned aircraft regulations, in their own open, specific and certified category. My concern is that, when one widens the net from the owner and operator of an aircraft to any person, one catches the drone operator one is aiming at but one may also catch the local gliding club.
The danger is of a single standard designed for the commercial airliner being pressed on everyone, bringing cost and complication to those who fly small and simple aircraft—not always terribly simple, I might add. A glider under tow or a training aeroplane in the circuit draws on a fraction of the air traffic services that an airliner consumes or, for that matter, a fleet of delivery drones one day will. The charge each meets should reflect that and no more. There is a related point that it can hardly be right to levy a charge on a person who does not use and cannot use the very service being charged for. That is the principle behind this amendment: that those who make little use of the system should bear little of its cost.
I want to be clear about what I am not asking. I am not asking that general aviation be exempted from all charges. It pays its way today and it should continue to do so. Nor am I seeking to frustrate the much-needed programme of modernisation that, rightly, this Bill provides for. I supported its general objectives at Second Reading and continue to support them now. I ask only that, as these powers are set out in greater detail, the interests of general aviation are kept in view and the principle of proportionality is clearly set out, rather than left to assurances by the Secretary of State.
If the Minister can tell me that the Government have no intention of drawing general aviation into a charging regime built for the airlines or for commercial drone activity, and that he will consider how that intention might be given proper statutory form, that would be enormously welcome.
Baroness Bray of Coln (Con)
My Lords, it is a pleasure to follow the noble Lord, Lord Kirkhope. I support the proposal from the noble Lord, Lord Grayling, of a targeted consultation with local communities.
It will surely be the case that, as part of the civil aviation Bill, there will be changes to the use of airspace overhead and the potential not only for increased numbers of flights but the redesign of flight paths and expanding airports. It must surely follow, then, that, as part of the planning and preparation for these changes, residents who may experience new aircraft overflights, increased noise and other meaningful impacts, such as increased traffic on roads leading to local airports, should be given a meaningful role in considering these changes.
It is already the case that government and CAA policy recognises that airspace changes can have significant impacts on people on the ground and therefore includes consultation and stakeholder engagement requirements, but that sometimes feels a little like a box-ticking exercise. I feel strongly that it must be more than that. Communities that may find themselves under new or intensified flight paths deserve a meaningful voice in these decisions that seriously affect their quality of life.
I recognise that the updating of our aviation policies is an essential process from time to time, but surely the best outcomes are achieved through reasonable discussion. A stronger consultation framework may well deliver reforms more smoothly and avoid delay in being implemented, which can arise where opposition intensifies. Whereas existing consultation processes are often seen as insufficient as they take place too late in the process after key decisions have already, in effect, been made, proper engagement with those affected at an earlier stage and a clear demonstration of how their views are being considered is more likely to appear proportionate and pragmatic.
I am not suggesting that communities could or should have a complete veto over necessary airspace changes, but it would help ensure that residents who may experience substantial increases in overhead flights are fully consulted earlier and can see how their concerns are being taken into account. The key may be to introduce formal reviews of new routes after a year or so, independently conducted, and a commitment to revisit the design if impacts prove worse than forecast. The most defensible demand is surely a requirement that decision-makers must demonstrate how community representations have been considered and explain publicly why particular concerns were accepted or rejected.
Yes, residents already have consultation rights in relation to airport expansion and airspace changes, but they are limited and there is no guarantee at the moment that community concerns will materially affect the outcome. The issue is not whether consultation occurs but whether it is meaningful. Communities facing substantial increases in aircraft noise should have a guaranteed opportunity to influence decisions and receive a clear explanation of how their views have been taken into account.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] Debate
Full Debate: Read Full DebateBaroness Bray of Coln
Main Page: Baroness Bray of Coln (Conservative - Life peer)Department Debates - View all Baroness Bray of Coln's debates with the Department for Transport
(2 weeks ago)
Lords ChamberMy Lords, I will speak to my Amendment 39. We had a very interesting conversation about this issue in Committee, but I will repeat it a little bit. Essentially, aviation is dangerous. There is a phrase that people in flying training always come across, that if God had meant men—and women, of course—to fly, He would have given them wings. And He did not, so flying is an uphill battle.
It is perhaps more accurate to say that flying is potentially dangerous. A failure in aviation safety can become a catastrophe. Very few passenger aircraft take off with fewer than 100 people on board, so any crash kills 100 or more people all in one moment. Simply flying the aircraft, of course, is quite straightforward. But the challenge in aviation is flying the aircraft while taking account of all the other issues—principal among these is weather. Weather in England can occasionally change very dramatically. The other issue is failure.
The essential issue that binds all these things together to make the pilot’s job very difficult is that you cannot park. With virtually any other sort of transport, if something is going wrong, you can stop and sort it out. The key imperative of flying an aeroplane is to make sure you do not become a glider. That really weighs on your soul as it approaches. It is that inability to take the problem away. You have to fly the aeroplane while accepting a weather forecast, which is very marginal. You are then listening for what is going to happen, and you have to think about your fuel. It is about bringing those things together for when you have a failure—an engine failure, for instance.
Pilots are very difficult to describe, but they certainly do not have a brain the size of a planet—they are reasonably ordinary people. How do they cope with this difficult environment? Through procedures and training. I have never flown an aeroplane with an engine on fire. In particular, I have never flown an aeroplane where the engine was on fire just as we took off. But when I was a professional pilot, I had to prove that I could do that twice a year in a simulator. That was just as a mere co-pilot. Training and procedures are what have turned something intrinsically dangerous into something that everybody now assumes is routinely safe.
What we are facing with this airspace reorganisation is really dramatic. The total concept is not to have navigation aids on the ground. The total process is to use GPS to know precisely where the aeroplane is and how high it is. That gives you a whole new set of flexibilities, which are mutually beneficial. Of course, the CAA and the airlines are doing it to achieve greater capacity, through the aeroplanes getting closer together, because you can now pick routes that are closer together and know that the aircraft is going to follow them. It is really very exciting.
The key thing is: who will have to cope with this when it goes wrong? The pilots. They are the ones who are best equipped to do so—not solely them; lots of people are involved, particularly on the technical side and in proving the integrity of the stuff. But the pilots will be at the centre of anything going on. While my amendment does not say “pilots”—it says “safety-critical professionals”, because I am told that it what it has to say—the whole point is that, just as consultation for people on the ground is important, it is important to take on board this group of people during the development of this.
I am reasonably confident that I will not move my amendment because, as many others have said during the passage of the Bill, the Minister has kindly spent time with me and colleagues debating this. Although it could be voted on, I think that before we get to that, the Minister will have said enough to satisfy me, to satisfy the other people who are concerned and to satisfy professional bodies—particularly those for pilots, but I have no doubt that the air traffic controllers will also want, properly, to give their two pennyworth. I believe that his words will be sufficiently helpful that I will not be forced to move the amendment.
Baroness Bray of Coln (Con)
My Lords, I welcome this opportunity to stress the importance of establishing a meaningful consultation with those communities directly affected by the likely expansion of flight paths and airports as a result of the Bill. I hope the Minister will give us an assurance that this important issue is recognised by the Government and can outline what plans they are developing for a genuine process to achieve this.
The amendment from the noble Baroness, Lady Grender, contains some important proposals, and I will add a brief comment specifically about the necessary quality and depth of the consultation process. It should not be a one-off procedure to take place after expansion plans have already largely been settled. Communities need to be engaged from the outset, when options are still genuinely open. To be clear, while the expansion of flight paths is perhaps the main concern, there is also the likelihood that more flight paths will lead to busier airports, attracting more traffic on surrounding roads and greater pressure on local transport and public services. This must also be part of the consultation process.
There will of course be occasions when, having weighed up all the competing considerations, the Government, or the relevant authority, decide that an expansion should proceed despite local objections. That is always a possibility. But those affected communities will still deserve a clear explanation of why their concerns were outweighed by other considerations. This is essential if public confidence in the process is to be maintained. I look forward to hearing what assurance the Minister can give us today.
My Lords, I will speak very briefly. I raised the issue of consultation in Committee. The Minister gave me a very helpful response, but he very clearly said that, in a case where the Government took a decision, that approach would already have been subject to detailed consultation. That was only one particular approach. In a situation where there could be three or four different options for an airport, what is his view on the Government’s job in explaining why they have chosen one of the different options available?
That is where we get down to the basic principle in the amendment from the noble Baroness, Lady Grender: the Government cannot simply take a decision out of the blue without detailed explanation and without some degree of clarification to, and discussion with, the communities affected about why they have taken it out of maybe two or three options. I accept the Minister’s very helpful response to my comments in Committee, but can he now set out for us how the Government will approach a choice between numerous options? What approach will they take to consultation in that situation?