Space Industry (Appeals) Regulations 2021

Baroness Randerson Excerpts

Tuesday 29th June 2021 Grand Committee

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her introduction. Like my noble friend Lord McNally, I am concerned that such lengthy SIs receive only seven-minute speeches, which inevitably undermines attempts at scrutiny.

I fear that my questions will be rather more down to earth than those of one or two of the previous speakers. On page 65 of the Space Industry Regulations, Regulation 95 says:

“A spaceflight operator must ensure that the spaceport or other place used for the operator’s spaceflight activities is fit for those activities.”


That is a very loose statement and is in itself pretty meaningless. Can the Minister explain what that will mean in practice?

Regulation 98 refers to the loading of dangerous goods on to a launch vehicle and the need for that to be specifically permitted by licence. The term “dangerous goods” in relation to spaceflight opens in my mind a worrying range of possibilities, so can the Minister explain what this would cover and how it will be dealt with as part of the licensing process?

Chapter 6 of Part 11 refers to security in relation to US technology. From the Explanatory Memorandum, I see that we have signed an agreement with the US on that country’s participation in space launches from the UK. This is probably a very good idea, but can the Minister tell us more? How extensive is that agreement? When was it signed? Have we signed or are we planning to sign agreements with any other countries? We remain a member of the European Space Agency, so are there plans to sign agreements with any European countries?

Section 4 of the Space Industry Act allows for exemptions to the need for a licence. This involves an element of recognition of authorisations and approvals issued by other countries. How will this be managed? Will it be done on an ad hoc basis, with one exemption for one potential launch, or will it be systematic on the basis of a country-to-country agreement, as referred to in the agreement with the US?

The CAA has been appointed as the single regulatory body for all aspects of commercial spaceflight. My noble friend Lord McNally asked about capacity issues. The Minister will know that I have said several times before that the CAA seems to be the maid-of-all-work on aviation, from regulating private aviation to drones, bringing home stranded passengers and now spaceflight. There has been criticism lately that, as an organisation, it is simply overstretched and has not been able to concentrate as it needs to on issues such as private aircraft safety or ensuring that airlines refund passengers appropriately when flights are cancelled. Can the Minister assure us that it will be given the additional funding it will need?

I have concerns about leaving the CAA solely in charge. For instance, licensing will require consideration of issues of national security, so what is the role of the security services, and will they have an automatic input into CAA decisions in this respect? After all, satellites raise highly technical and complex security issues.

The licensing of spaceports involves the evaluation of risks and environmental impact. This is a very crowded island, and even sparsely populated areas are not far from densely populated ones, so the potential risks are greater. Will there be an obligation on the CAA to consult local authorities and environmental bodies before granting a licence? The latter are of course different in the four nations of the UK, and planning legislation varies significantly.

As my noble friend Lord McNally said, HS2 has proved how controversial infrastructure in unspoiled rural areas can be. Protestors at spaceports would pose a particular hazard. How will the CAA work with and consult local police forces? Can the Minister spell out for us how devolution is taken into account in these regulations? The siting of spaceports, whether in north Wales, Cornwall, Scotland or wherever else, will be disruptive and, therefore, must be done with the grain of local opinion.

I recall that, during debates on the Space Industry Act, it emerged that, prior to a launch, local roads near the site would have to be closed for several days for security reasons. That would be disruptive to the local economy and services, especially in remote rural areas, where the closure of one road may lead to an additional round trip of 20 miles or more—so we must work closely with local people for this to work well.

Obviously, so-called return operators also have to be licensed, and the return might well be into the sea. UK coastal waters are also very crowded, so what consultation must the CAA undertake with the coastguard and other maritime agencies before granting a licence? I realise that the Minister will be unable to answer all my questions in the time that she has been allotted, but I am sure she will agree to write to me about those she cannot tackle now.