Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)

Daniel Francis Excerpts

Tuesday 20th October 2026 Public Bill Committees

[Daniel Francis (Bexleyheath and Crayford) (Lab)]

Similarly, I am chair of the all-party parliamentary group for wheelchair users, and clearly the Bill covers some aspects of that work.

[Samantha Dixon (Chester North and Neston) (Lab)]

It may not be a matter of interest, but for the record and for transparency, my niece works in the aviation industry.

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[Keir Mather]

My hon. Friend is right to point to the fact that a number of other amendments tabled by Conservative Members centre on creating an agile, dynamic aviation sector that is flexible in responding to the needs of consumers. There is an important consideration that relates to proportionality, but I do not believe that it is adequately applied in the amendments in this case.

We need to be able to enforce new consumer rights in aviation in a way that is proportionate but also effective and flexible. Creating the balance between reserving affirmative procedures for important matters that relate to things such as financial penalties or criminal sanctions is right to ensure that the oversight is there. However, the Secretary of State put in place by the Prime Minister and the majority party should be able to make regulations in an effective way that does not require Parliament to have an affirmative debate, so that we can keep an effective regulatory system that best serves the interests of the travelling public. That point was well made by my hon. Friend. The Bill’s approach is targeted and proportionate, so I ask the hon. Member for Bognor Regis and Littlehampton to not to press amendments 8 and 9.

Amendment 10 would require regulations co-ordinating the concurrent exercise of direct enforcement powers by relevant authorities to be made, again, under the affirmative procedure. I recognise the importance of ensuring that Parliament applies the right level of scrutiny to delegated powers. The key point, however, is that these regulations will not create or extend enforcement powers. Instead, they will govern how existing powers are co-ordinated among authorities. The affirmative procedure would therefore not be proportionate to their limited function.

The regulations will be administrative in nature, providing a practical framework for cases in which more than one authority can act. They may, for example, cover information sharing, notification arrangements and the process for determining which direct enforcer should exercise its powers in a particular category of case. Those operational arrangements are important, but they do not warrant the highest level of parliamentary procedure. That approach is also consistent with established precedent: comparable powers to co-ordinate concurrent enforcement under competition legislation are already subject to the negative procedure. The Bill therefore provides a tested, proportionate and appropriate level of parliamentary scrutiny. For those reasons, I cannot support the amendment, and I ask the hon. Member for Bognor Regis and Littlehampton to withdraw it.

Having addressed the amendments, let me turn to clause 1, which is central to the Government’s aim of strengthening consumer protections. It enables the Secretary of State to make regulations relating to passenger rights. Existing passenger rights regulations sit within assimilated EU law, and primary legislation is required to update that. The clause creates a power to update and amend existing legislation via secondary means. It allows for regulations across a range of issues, including but not limited to delays and cancellations, denied boarding, price transparency, accessibility for disabled passengers and people with reduced mobility, and liabilities relating to injury, baggage and cargo.

Clause 1 also provides for effective enforcement to ensure that passenger rights are backed by meaningful remedies. It would enable the Government to introduce dispute resolution arrangements and powers for the Civil Aviation Authority to secure compliance, and, where appropriate, financial penalties and criminal offences. The power is subject to important safeguards; any regulations creating criminal offences or financial penalty regimes will require the approval of both Houses through the affirmative procedure. Clause 1 therefore establishes the framework needed to keep aviation consumer protections effective, proportionate and fit for the future, and I commend it to the Committee.

Alongside that, it is logical to discuss clause 2, which works in tandem with clause 1. Clause 2 will ensure that air passenger rights legislation provides appropriate protections for disabled passengers and passengers with reduced mobility.

[Daniel Francis]

Shortly after the election, the Government set up the aviation accessibility task and finish group. Clearly, a lot of work in the Bill builds on that. Disabled passenger groups want to see those measures introduced, so can the Minister confirm that clause 2 will require a consultation to be carried out within 12 months of the Bill being passed, and that he will then publish the outcome of that consultation so that we can continue to build on the work of the task and finish group?

[Keir Mather]

I thank my hon. Friend for his contribution not only here but across a range of accessibility issues in transport, particularly relating to aviation. He is right that a consultation will be undertaken as part of clause 2 within 12 months of Royal Assent. The purpose of that is to ensure that where consumer rights legislation is improved, it is done so with the unashamed ambition of making sure that people who travel with disabilities have equal access to the benefits of aviation and have a dignified and welcoming experience wherever they travel in the United Kingdom. That is exactly what this clause is designed to facilitate.

Clause 2 will place a statutory obligation on the Secretary of State to consult on those accessibility issues, which will help to identify what changes to passenger rights legislation may be needed. The consultation must start within a year of Royal Assent, and any resulting reforms can be implemented through the regulation-making power in clause 1. The Government must consult on a non-exhaustive list of issues, including compensation for breaches of assistance requirements, protections for passengers with allergies, complaints handling and the provision of wheelchairs suitable for use on aircraft.

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[Luke Taylor]

I thank the Minister for his words, particularly on new clause 13. We very much welcome the Government’s movement in the other place to introduce greater protections for disabled airline passengers following pressure from a cross-party group of lords. The removal of the compensation cap for damaged wheelchairs on domestic flights is a great step forward for accessibility. For a disabled person, a wheelchair is not merely luggage; it is a vital extension of their body and their independence.

I am glad, though, to pick up the noble Baroness Brinton’s amendment on wheelchair passports. She has been a strong advocate for accessibility for many years, and we are glad to support her in her campaign. I invite all Members to read the exchanges in the Lords to see and understand the lived experience—I am sure that we will hear some of that here too—of disabled passengers struggling with complex, unwieldy and challenging circumstances at various airports around the country. I am glad that we are getting a focus on that here.

Over the past few years, the Department for Transport has discussed creating wheelchair passports, which would smooth the journey, with one brief check at check-in to ensure that the wheelchair—and, if relevant, the battery—and the passport match. Once someone had such a passport, the details could be in the airport’s system and the airline’s system forever. However, the new clause would make it clear that the Secretary of State has to work with the International Air Transport Association, and the other countries and the airlines that are part of that organisation, to make this happen, because it will not work if only the UK does it.

I note that IATA’s international guidance already provides for a mobility aid passport, but it is self-evident that that is not sufficiently well understood or implemented. The Minister talked about a mobility pack and an investigation that is being undertaken to design appropriate measures. I encourage him to refer back to the IATA mobility aid passport to understand how that can be incorporated, improved and strengthened, and to work with airlines and international organisations to make sure that the aims of the new clause are reflected in the lived experience of those who, time and again, when they approach an airline check-in desk, have to struggle through the same set of questions and the same arguments, and—again, I reflect on the experiences that were shared in the Lords—pull out the guidance that they have printed and explain it. That is just not acceptable. Whether it is through regulation, through the wording of customer protections or by making it incumbent on airlines and ground handlers to understand and implement these measures, we all need to make sure that the airline industry is implementing and improving things for those who rely on mobility aids, so that they are able to experience flying as miserably as the rest of us.

[Daniel Francis]

It is a pleasure to serve under your chairship, Mr Turner. Shortly after my election the year before last, I was delighted to introduce my private Member’s Bill, the Aviation (Accessibility) Bill, and I welcome the fact that this Bill—and, in particular, the clauses that we have been debating—encompasses a number of its measures. Accessibility in air travel is not just a matter of convenience; it is a matter of rights, dignity and equality. It is about ensuring that everyone, regardless of their mobility or physical condition, can enjoy the freedom to travel.

I pay tribute to my fellow chair of the all-party parliamentary group for wheelchair users, Baroness Grey-Thompson, for the work that she has done on the Bill in the Lords, and for her work as chair of the aviation accessibility task and finish group, which this Government set up shortly after our election to ensure that the work on these safeguards started, and which reported back last year. As Members know, as well as being chair of the APPG I am the parent of a wheelchair user, so I live and see that lived experience on a daily basis. If you will allow me, Mr Turner, I want to place on the record my thanks to Sophie Morgan, Christopher Wood, who is with us in the Gallery, and their colleagues at the Rights On Flights campaign for their work to raise awareness of the issues that have led us to this place.

The clauses that we have already discussed will require Ministers to give due regard to strengthening passenger rights, but clause 4 will, vitally, remove the compensation limit for wheelchairs, mobility aids and other assistive devices. At present, the limit can be around £1,500, and someone can be required to battle for several months through the courts, with no real understanding of their legal rights. Many wheelchairs—even my 13-year-old’s—are worth more than £1,500 and, as I have said to the Minister, I am aware of a Member in the other place whose wheelchair is worth six times the current limit, so there really is a need to remove it.

As well as causing complexity, the current arrangements do put people off flying. Unlike the hon. Member for Sutton and Cheam, my daughter has not flown for 12 years, because I dread the thought of going through the process, quite frankly. Strengthening these rights will not only help people during their journeys, but encourage people to undertake them again. I welcome the measures on compensation rights for lost, damaged or destroyed wheelchairs or mobility aids.

Currently, airlines are not required to cover the full cost of repairs, and the limit for international flights will continue to be set in the Montreal convention; the limit in the Bill will be only for internal flights. There remains work to be done with regard to the Montreal and Warsaw conventions. Those longer flights fall outside the Bill, and there will continue to be some pressures for passengers travelling on them. The Minister knows I will continue to press the Government on working with international partners to press for compensation. We cannot, of course, encompass that in the Bill, but I would welcome the Minister’s comments on what we can do on that matter. The CAA is responsible for the regulation of aviation safety in the UK, but it has been inhibited by not having the power to take proper action against airlines. Taking businesses to court has been a lengthy process, so I strongly welcome the measures in clause 4.

I concur with the Minister on new clause 13 from the Liberal Democrats. We have themes 3 and 4 of the report from the aviation task and finish group on mobility aids design and handling. We continue, through consultation and the Bill, to look at how those could be incorporated. I will not name airlines, but there are good examples of airlines that are following that guidance and that are ahead of the curve. Of course, there are also airlines that frankly need to step up to the plate.

New clause 13 is well intentioned, but there is good practice out there. There is work stemming from theme 4 in the report submitted by the task and finish group. As the Minister said, there will be the consultation, as we saw in clause 2.

[Luke Taylor]

We accept that huge steps have been taken. As somebody who has particular experience, does the hon. Member see the challenge around training airline check-in staff and ground handlers? What does he see as the way to achieve the aims and goals that we have? We can talk about regulation and legislation until the cows come home, as we are paid to do, but how does he see implementation on the ground, as someone who lives in this world and struggles with different airlines, some of which implement measures well, while others do not? I am interested to hear how he suggests we break through that and feed that back to the working groups so that it can really understand the trick to this.

[Daniel Francis]

I welcome the hon. Gentleman’s comments. There are themes within the aviation task and finish group report on that matter. Training is in theme 1, and passenger information is in theme 2. So there are recommendations there. There will be the consultation. We need to look at the good examples—as I said, I will not mention individual airlines, but I will tell the Minister later. We can feed that in and look at it.

However, as the hon. Gentleman referred to, there is also complexity. Under the current arrangements, we would end up with that passport being used for internal flights and for flights leaving the United Kingdom, but it would not apply to people returning on a flight from overseas to the United Kingdom. As a user, I think that that would cause some confusion. As a London MP, I know my rights on a Transport for London bus, and I quote the big red book to bus drivers if they are not upholding the rights of a wheelchair user. I know my rights on the railway. I think it would be hugely confusing to have one set of rights for a flight leaving the UK and not the same set of rights for returning.

[Luke Taylor]

The hon. Gentleman has invited me on to the point we raise in the new clause, about the need to work with IATA to ensure that this is part of either the mobility aid passport or a separate wheelchair passport structure, so that it protects passengers when they fly both from and to UK and EU airports. A theme to pick up on later is that it is common for aviation to be asymmetrical and that covering flights between different jurisdictions is difficult. Therefore, working with international organisations, and being rule makers and influencers rather than sitting back and being rule takers, is the right way to proceed.

[Daniel Francis]

The hon. Gentleman makes my point for me. It is the same as the issues within the Montreal convention. We cannot put those or the issues with IATA in the Bill. We need to leave it to Government and Ministers to consult and work to strengthen those rights. That is why I would not support them being in the Bill. I support the measures in clause 4, but I ask Ministers to go away, look at the Montreal convention, have conversations with IATA and continue to strengthen rights in this area.