Civil Aviation (Consumer Protection and Regulatory Reform) Bill [Lords] Debate
Full Debate: Read Full DebateChris Vince
Main Page: Chris Vince (Labour (Co-op) - Harlow)Department Debates - View all Chris Vince's debates with the Department for Transport
(3Â weeks, 5Â days ago)
Commons Chamber
Graham Leadbitter (Moray West, Nairn and Strathspey) (SNP)
The Secretary of State commented on the extensive and continued disruption of passenger and air freight services that has occurred as a consequence of the collapse of the NATS system yesterday. That disruption will not be fully resolved before the weekend. For people and businesses in Scotland and across the UK, this is deeply concerning. It results in lost work time, affecting productivity, and it disrupts time-critical services, including medical flights and cold-chain delivery mechanisms. For example, about ÂŁ1 million-worth of Scottish salmon is exported through Heathrow alone every single day, and that is just one sector in one of the home nations. That level of disruption, affecting all the home nations and, indeed, many other countries, cannot be allowed to happen again.
There is a serious question to be asked about the clear lack of back-up systems, given that this incident lasted for several hours, with an estimated quarter of a million passengers disrupted. I welcome the actions that the Secretary of State set out, but I urge the Department to publish an assessment of the cost of this episode to individuals and businesses as soon as practicable. I am certain that Ministers will have cross-party backing in holding hold NATS to account and ensuring that it has far more robust back-up systems in future.
Chris Vince (Harlow) (Lab/Co-op)
I am sorry that my voice still has not come back, but I thank the hon. Gentleman for raising these issues. As he will know, Stansted airport is right next to my constituency of Harlow, so this has had an impact on many people in the constituency, not just those who are travelling. Does he agree that it has also had an impact on those working in the airport, because of the huge disruption that it has caused?
Graham Leadbitter
Yes, absolutely. People in airports up and down the country are having to manage the delayed flights at their end. Pulling in people from around the airport adds cost. Some regional airports are operating on much smaller margins, and the expense of bringing in additional staff has a significant impact on them. This incident will have been not just frustrating for many people, but quite distressing and very costly.
The measures in this Bill are predominantly welcome, and the SNP here and in government in Scotland is broadly supportive. However, I draw attention to amendment 33, tabled in the Lords, which introduced a review of airport parking charges, which was not in the Bill originally. I am not against that in principle, but the original text would not have required a legislative consent motion. It looks like consent will now be required, following the introduction of amendment 33 in the Lords, and I ask the Minister to address that point. If a legislative consent motion is required from the Scottish Parliament, it is essential that appropriate time is built in for proper scrutiny of this element of the Bill by MSPs, prior to Report.
I want to raise the issues facing people with e-visas. Many have not been allowed to board aircraft coming to the UK, even though they have a legitimate right to travel and gain entry, because ground staff are not sufficiently trained or aware of how to check and scrutinise e-visa documentation. In these circumstances, passengers who are incorrectly refused boarding may not have a right to be compensated. That can be hugely costly and is inherently unfair. The legislation provides protection for adequately documented passengers who are denied boarding, but it does not define what constitutes being “adequately documented”. The Prime Minister has talked about giving people agency, but many people in such circumstances clearly do not have agency.
For digital documentation, it seems obvious that the onus should be on the carrier to check it. A passenger in another country, with potential language barriers and limited digital access, is clearly disadvantaged if the onus is on them. The campaign group the3million has proposed a well-considered amendment to the Bill, which I am sure the Minister will be aware of. Will he give consideration to tackling that issue through an amendment to the Bill? It is a significant consumer issue for people who are entitled to travel and have a visa, but are refused boarding. It is a very costly experience if they do not get compensation for being incorrectly refused boarding.
I have two significant airports in my constituency: a civilian airport in Inverness, and an airbase at RAF Lossiemouth. Clearly, military aircraft movements do not come under civilian aircraft legislation, but people who live in the vicinity of a military base experience noise and environmental issues. I am not suggesting for a minute that there should be constraints that would make operational flying difficult for the military. However, in the case of regular training exercises and regular training flights, which is predominantly what most flights out of our military bases are, more work could be done to improve how the military communicates with local communities. The expectations should be a bit closer to our expectations for a normal domestic airport. Has the Minister considered that, and will the Department have conversations with the Ministry of Defence to see how much room there is for manoeuvre?
We do not necessarily need hard legislation that says the MOD must do x, y and z, because it would be wrong to constrain its ability to do its core work. However, we could explore how to minimise the environmental impact of routine flights on people who live close to what can be very noisy bases. They accept the noise, because the bases produce a huge amount of employment. People recognise their importance to the defence of the country, so they are very accepting, but that does not mean that this issue should not be addressed in the best possible way to try to improve things. We should always be looking for improvement.
Finally, I commute to this place 40 weeks a year, give or take, so I take 80 flights a year. I spend about seven hours a week either in airports or on aircraft. Like other Members, I emphasise that it is a predominantly positive experience, and is largely without significant delay, but when significant delays do occur and people miss connections, often to long-haul flights, it can be really distressing, so the consumer element and protecting people are absolutely critical.
I have regularly seen passengers who have been distressed about the circumstances they are in. Sometimes, they are flying for deeply personal reasons—bereavements and such like—and it is a more stressful form of transport than getting on and off a bus. Unlike people taking a single bus for a few miles and getting off at the other end, they have to plan for security, plan for their baggage and all those things. It requires a lot more thinking before someone gets on a plane, and for those who are there in difficult circumstances, it is all the more important that we ensure the experience is as good as it possibly can be for the people using it.
Tim Roca (Macclesfield) (Lab)
I thank my right hon. and hon. Friends in the ministerial team for their assiduous work in preparing and bringing forward this Bill. He is no longer in his seat, but I thank my hon. Friend the Member for Wythenshawe and Sale East (Mike Kane) for all the work he did as a Minister in government and a shadow Minister in opposition. I also thank the Members of the other place for their work in scrutinising the Bill ahead of its coming to us here.
The Bill represents another example of how the Government are on the side of consumers. On taking office, the new Prime Minister launched a series of very practical, everyday fixes to improve consumer rights in a number of areas, including lowering costs and empowering consumers to take action when they have been inconvenienced. I see this Bill in that tradition, as another step on the path of improving consumer rights in aviation. By giving the Civil Aviation Authority direct enforcement powers and increasing transparency to ensure that passengers are always told who is operating their flight and how they can find redress, the Bill is another example of the Government rebalancing power back in favour of the consumer, and I applaud it.
My constituency of Macclesfield is well served by Manchester airport. More than 500 jobs in my constituency are dependent on the airport, which is the third busiest in the UK. I understand that it is the busiest airport outside London, and it is certainly the global gateway to the north of England. Like many people, I fly out of Manchester myself. It is a great airport, and a great part of the economy of the north-west. Perhaps not uniquely— I may be proved wrong—its major shareholders are mainly the councils of Greater Manchester, which is a great example of sharing prosperity from an important economic asset. I thank all the staff at the airport for helping 30 million people to get through check-in, security and the departure lounge, and to fly to where they need to be mostly hassle-free, and I think we should acknowledge that.
However, as I am sure is common across all airports, sometimes things go wrong, whether it is a bag that does not make it or a flight that is significantly delayed. Disruption can occur at any moment, and we have certainly seen that with the NATS events in the last 24 hours. Clauses 1 to 3 of the Bill will give me and other passengers much greater confidence that, when things do go wrong, they can be put right. Given the changing nature of air travel and global trends, it is right that the Bill empowers the Secretary of State to act on behalf of passengers without having to pass further primary legislation, such as on baggage damage, liability for passenger insurance, ensuring price transparency and ensuring flights are accessible to all passengers, especially those who are disabled, about which my hon. Friend the Member for Mid Cheshire (Andrew Cooper) made a powerful case.
These new powers ensure that the Secretary of State can be a true advocate for passengers and quickly update the rules to ensure that there is appropriate compensation when things go wrong. I was much taken by the comments of my hon. Friend the Member for Cardiff West (Mr Barros-Curtis) about exploring an automated delay repay system, which I think has great merit. I certainly want to see the new British standard-sized bag when it finally emerges. For a moment, it sounded as though the hon. Member for Sutton and Cheam (Luke Taylor) had a particularly traumatic summer because of at least one airline. I look forward to the consultation that Ministers will bring forward within 12 months, and I will certainly urge my constituents who have written to me about their own experiences to respond to that consultation so that Ministers can act on their behalf.
I particularly welcome the change in clause 4 to provide greater compensation for damaged or lost accessibility equipment on domestic flights. As has been said, a wheelchair is a precious and crucial asset for disabled people. They sometimes—too often—have to fight to get a mobility aid in the first place, and it can often be specialist and extremely expensive. It is therefore right that if an airline is careless enough to lose or damage an aid, the compensation owed to the person it has left inconvenienced in an incredible way is made properly and is appropriate for someone who is unable to navigate with the freedom they once had. I cannot imagine the level of inconvenience caused to people in those circumstances, so I am glad the consumer rights in this area are being strengthened. With the Bill giving the CAA the same consumer protection enforcement powers as the Competition and Markets Authority, passengers will now have a powerful new ally in the fight for compensation that is owed but is not as forthcoming as it should be.
Beyond the consumer protections, I welcome the reforms the Bill introduces to the antiquated airspace management system of airport slots, schedules and allocations. It is particularly positive that the airspace changes will hopefully lead to reduced noise around airports for residents and decreased emissions through more efficient flying. These are sensible, long overdue reforms that help to make aviation more sustainable. Anyone who has been held in a stack while waiting for a landing spot can attest to the fact that a more efficient use of airspace to decrease the need for holding patterns is very welcome. It is good that the Government are reforming slots and schedules. We saw during covid that the current system is not flexible enough. Giving Ministers the power to adjust the rules, either in an emergency such as covid or to encourage competition between airlines, which is so important, it is a welcome step that will improve things for passengers.
I will finish on the issue of airport drop-off charges, which has been raised by Members on both sides of the House. I ask that Ministers think carefully about it in view of the scrutiny in the other place. A number of residents in Macclesfield have raised it with me. Manchester airport operates a barrierless drop-off. That is great for efficiency, but constituents have complained to me that the signage is inadequate, the prices are too steep and the period to pay is not long enough. Certainly, the fines for those who do not pay within that short period are punishing. Manchester airport, through APCOA, levies a ÂŁ100 fine if the charge is not paid within 24 hours of drop-off or pick-up.
I simply do not believe that 24 hours is a long enough period for many people, including my constituents who have written to me on this issue. Many did not realise that they had to pay, not having seen the signage, which is inadequate. Some struggled with the online payment system, or the payment system rejected their car registration number. In one particularly egregious case, a constituent of mine was fined because their bank did not process the payment over a Sunday. There seems to be no reason why the payment period could not be increased and I do not see any reason why the third-party provider could not issue a written notice of the requirement to pay before a fine is levied. One gets the impression in these cases that the policy is designed to cause people to incur fines to increase revenue, rather than to encourage people to pay for parking in an orderly and appropriate way.
Chris Vince
The idea of drop-off fines is to try to convince people to travel to airports via other means. My airport, Stansted, is very accessible by train and new bus routes have been put on, but in the example given by my hon. Friend the Member for North West Leicestershire (Amanda Hack)—we have discussed this before—that option is not available. It seems unfair, if there are not good transport links to an airport, that such charges exist. As I say, in my case it is not such an issue, but in my hon. Friend’s case I can see why it is a problem.
Tim Roca
I completely agree with my hon. Friend. Earlier in the debate, my hon. Friend the Member for Mid Cheshire (Andrew Cooper) made the powerful point that his constituents live within 10 miles of the airport but do not have decent public transport links to it. That certainly has to be a part of the conversation as well.
My hon. Friend is right to say that that should be our focus. All four of the tests that we have set out on which a development consent order for Heathrow expansion would be granted are dependent on ensuring that we have adequate surface access to the airport, both for his constituents and people across the country and for the people who work at the airport. That relates to air quality and to carbon impacts. It must be a focus, and it will be considered, now that the consultation has closed.
I share the anger and frustration expressed by the Chair of the Transport Committee, my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury), on behalf of the passengers who have been affected over the past two days, but I also thank the staff and the aircrew aboard planes for the difficult work that they have undertaken to ensure that people are ultimately safe and their welfare is protected. I understand that many of the constituents of my right hon. Friend the Member for Hayes and Harlington (John McDonnell) will be doing that important work.
My hon. Friend the Member for Brentford and Isleworth asked whether passenger rights are fit for purpose at present. The Bill gives us the power to update passenger rights when we feel that they do not go far enough. Doing that through secondary legislation will ensure that all Members can feed their experiences into the process. Clause 3 also means that the Secretary of State must have particular regard to those who are most adversely affected when things go wrong and disruption occurs.
My hon. Friend the Member for Brentford and Isleworth spoke powerfully about the need to have proper resilience and contingency planning for airports in relation to people with disabilities, but also to parents with baby food. All these considerations need to be part of the process, and I thank her for championing the work of my hon. Friend the Member for Bexleyheath and Crayford (Daniel Francis), who speaks incredibly powerfully about his family’s experience of using a wheelchair to travel and fly. I hope he is reassured that the measure in the Bill that lifts the compensation cap for damage to wheelchairs on domestic flights goes far enough.
The Chair of the Transport Committee also made the point that there needs to be a single standard of treatment for everybody who uses our airports, building on the commitments in her Committee’s fantastic report, “Access Denied”. I can confirm that the Department is looking at this issue very closely through an accessible travel charter, spearheaded by my hon. Friend the Member for Wakefield and Rothwell (Simon Lightwood). It will have key expectations, pledges and commitments, and it will make sure that treatment is consistent for passengers with disabilities from the train that they board to get to the airport to the aeroplane door. That is incredibly important.
My hon. Friend the Member for Brentford and Isleworth made a broader point about public transport access in relation to airport drop-off charges, and her point about taxi access is something that I would be glad to discuss with her further. I know that it can cause unintended consequences and community disruption, particularly around unlicensed taxis, and I know that is also an issue for my hon. Friend the Member for Uxbridge and South Ruislip (Danny Beales).
My hon. Friend the Member for Brentford and Isleworth and other Members are right to point to the issue of staff safety. We should all be clear in this House that any form of abuse or intimidation of those who work at our airports is totally unacceptable. The Government will work with airports and airlines to stamp it out wherever we can, and work on this issue should be forthcoming shortly. I am very pleased to be meeting Unite the union to discuss this matter tomorrow, and I thank it for its consistent campaigning on this work.
The hon. Member for Didcot and Wantage (Olly Glover) made a really important point about scrutiny and delegated powers being part of this Bill, and asked whether there has been overreach. I believe that the provisions in the Bill that relate to CAA rule making and the need to have safety rule-making powers within the CAA are necessary, because aviation safety rule making is highly technical. It is fast-moving, yet the current system forces every change through a process that is very duplicative and resource intensive. There are strong safeguards for that process, and Ministers will be able to set the CAA’s priorities through a published framework. During the Bill’s passage in the Lords, the Government introduced amendments to strengthen parliamentary scrutiny of the new aviation rule-making framework and implemented all the associated recommendations from the Delegated Powers and Regulatory Reform Committee, which the hon. Member knows is assiduous in its efforts to ensure that Parliament is robustly consulted on these issues. More broadly, I am glad that he and his colleagues are supporting the Bill at Second Reading, and I look forward to engaging constructively with him on his amendments.
My hon. Friend the Member for Mid Cheshire (Andrew Cooper) spoke powerfully about his experiences at Manchester airport with regard to both the use of sunflower lanyards and the airport’s Sunflower room. This Bill is about giving the CAA the ability to ensure that consumer standards are upheld and to strengthen people’s rights, but we cannot omit the excellent work that is already happening at airports up and down the country. The staff make those places positive areas from which to travel for people across our country, and I think that needs to be recognised as part of this debate.
My hon. Friends the Members for Hitchin and for Uxbridge and South Ruislip both expressed concern that when the compensation cap is lifted for damage to wheelchairs on domestic flights, airports and airlines might withdraw their willingness to take wheelchairs on to planes. I can assure my hon. Friends that I think airports and airlines will work hard to comply with these measures, but the Bill contains provisions for the CAA to enforce consumer rights, and I am sure that will be part of any process that takes place in this space. More broadly, although the Bill extends to domestic flights—there is an issue with extending it any further due to the Montreal convention—I was pleased to speak to the United Kingdom’s permanent representative to the International Civil Aviation Organisation this morning about this very issue and how we might raise it more robustly in international fora.Â
The hon. Member for Sutton and Cheam (Luke Taylor) raised our common obligation to think about all questions affecting aviation with a simultaneous consideration of their effects on the planet. I am glad that he thinks that we are engaging adequately on some of these questions, and I am always happy for him to push me further when he thinks we are not. We are developing a world-leading SAF mandate and revenue certainty mechanism. Changes to airspace modernisation can mean that flights are more efficient and burn less fuel. The jet zero strategy is pushing us much further in this direction.
More broadly, through the future of flight industry group, the Department for Transport is undertaking pioneering work on aviation sustainability, electric and hydrogen as forms of propulsion in aviation, and promoting higher standards through CORSIA—the carbon offsetting and reduction scheme for international aviation—at ICAO. So I hope that the hon. Member for Sutton and Cheam feels that we are moving in the right direction, although I am always happy for him to push me further.
The hon. Gentleman asked me a valid question about oversight of the CAA and NATS, and this was also asked by my right hon. Friend the Member for Hayes and Harlington. The hon. Member for Sutton and Cheam shares my view that we need to do everything possible to minimise the chance of what happened yesterday happening again. He will know that the CAA, as a regulator, can put mechanisms on NATS for delay-related targets, alongside penalties that reduce airline charges when targets are missed, but we know that we need to go further. We know that more needs to be done, and as the Secretary of State said, the CAA will undertake an independent investigation to understand what happened. By asking the CAA to review immediately, we as Ministers can ensure that there is strong oversight for passengers. If the hon. Gentleman believes that this should lead to further enhancements for air passenger rights, it is clause 1 of the Bill that will allow us to do so. His point was very well made.
Turning to my hon. Friend the Member for North West Leicestershire (Amanda Hack), it was a pleasure to visit East Midlands airport the other week. She raised an opportunity, which presents itself in this Bill through its measures on slot regulation, to think about how we can help our air freight sector to perform in a more agile way, to move more goods through our airports and to boost growth for UK plc. She also raised questions about allergies and how we can protect passengers with allergies when they are travelling. That is incredibly important, which is why it is in the Bill and will form part of the consultation formed under clause 2. She asked me when the consultation on these issues will take place, and it will be within 12 months of the passage of the Bill. I thank her and my hon. Friend the Member for St Austell and Newquay (Noah Law) for making powerful arguments in defence of our regional airports.
I thank the hon. Member for Moray West, Nairn and Strathspey (Graham Leadbitter) for his offer to work on a cross-party basis to ensure that we learn the lessons from what happened yesterday and ensure effective oversight of NATS. I say to him that we are in the early stages of understanding what the impact is on consumers and the aviation sector, but I will of course do my very best to keep the House informed as we get more information. I will pass on to the Ministry of Defence the issues he raised to do with the MOD and RAF Lossiemouth about the regular training exercises, their noise impacts and how that intersects with civil aviation, and then I will write to him on the issue.
Chris Vince
The Minister is making an excellent speech—the take-off was fantastic and I am looking forward to seeing the landing. I want to ask him about the recent fire at an electricity substation at Heathrow airport—the point raised by my right hon. Friend the Member for Hayes and Harlington (John McDonnell). I am very aware that we are seeing increasingly extreme weather—we had the heat over the summer and I suspect we will have extreme cold during the winter—so has the Minister considered the challenges that our aviation sector will face and what does he think the Government can do to mitigate those issues?
I thank my hon. Friend for saying my speech is fantastic, and it is certainly detailed. I know that we have been cruising at altitude for some time, so I will do my best to get on with it. He raises a broader point about climate resilience at our airports, and I can assure him that the DFT takes this matter incredibly seriously and is progressing work across the Government to think about how we can become more adaptive, in partnership with the private sector, to deal with these issues.
Turning to the matter of the legislative consent motion in relation to clause 7, I confirm to the hon. Member for Moray West, Nairn and Strathspey that it does engage the legislative consent process for both Scotland and Northern Ireland. My officials are engaging with their counterparts on this matter, and I will be sure to keep him informed.
The hon. Member for Horsham (John Milne) asked me about the subject of his private Member’s Bill on creating an ombudsman for the CAA. My view is that the costs of setting up a potential ombudsman outweigh the benefits it would bring. Complex CAA decisions, such as changes to flight paths, are already subject to extensive consultation. I am of the view that the CAA has robust remedies for people dissatisfied with customer service issues, including consideration by the independent complaints assessor, while the work of the CAA is also subject to oversight by the Parliamentary and Health Service Ombudsman, and that is before we get into a broader conversation about the CAP 1616 process. However, I am happy to discuss this with him after today’s debate and ahead of Committee consideration to think about what more we can do to address his concerns.
My right hon. Friend the Member for Hayes and Harlington also raised a concern about the CAA reporting within six months and us not dealing with the situation with the immediacy it requires. I can assure him that a report will be coming through from NATS to the CAA within a week. That will provide its initial assessment of what has taken place. We will shortly have more to say on what the impacts are and I will endeavour to keep the House informed. He raised a point about whether there will be sufficient follow-up actions. That is a fair challenge, but I would just say that when the outage occurred in 2023, 34 recommendations were proposed to mitigate reoccurrences by the CAA, all of which were implemented.
On CAA oversight, I agree with my right hon. Friend that that is massively important. I would just say that we currently have a robust system for CAA oversight, although we can of course debate whether to take it further. There is an independent complaints assessor, the CAA’s work is subject to oversight by the PHSO, economic regulation decisions can be appealed to the CMA and there is of course the CAP 1616 process for airspace modernisation, but I would be glad to engage with him on where we can take those matters further.
I will draw my remarks to a close. The Bill is about modernising the UK’s aviation framework so that it remains fit for the future: supporting growth; strengthening passenger protections, particularly for those who find travelling through our airports most challenging; and maintaining the highest standards of aviation safety and the UK’s formidable reputation in this space. Our ambition is to build a competitive aviation system that delivers for passengers and keeps pace with technological and operational change. Today’s debate has been wide ranging and a useful opportunity to discuss important issues with hon. Members. I thank all those who have contributed and I look forward to continuing our discussions in Committee.
Question put and agreed to.
Bill accordingly read a Second time.
Civil aviation (Consumer protection and regulatory reform) bill [Lords]: programme
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Civil Aviation (Consumer Protection and Regulatory Reform) Bill [Lords]:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 22 October 2026.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.
Other proceedings
(7) Any other proceedings on the Bill may be programmed.—(Shaun Davies.)
Question agreed to.
Civil aviation (Consumer protection and regulatory reform) bill [Lords]: money
King’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Civil Aviation (Consumer Protection and Regulatory Reform) Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of any increase attributable to the Act in the sums payable under or by virtue of any other Act out of money so provided.—(Shaun Davies.)
Question agreed to.
Civil aviation (Consumer protection and regulatory reform) bill [Lords]: Ways and means
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Civil Aviation (Consumer Protection and Regulatory Reform) Bill [Lords], it is expedient to authorise the imposition of charges for the exercise of functions under or by virtue of the Act.—(Shaun Davies.)
Question agreed to.