Exiting the European Union (Civil Aviation)

Baroness Laing of Elderslie Excerpts

Wednesday 10th June 2020 Commons Chamber

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

I apologise for my late entrance, Madam Deputy Speaker. I was sauntering over unaware that the last SI had been moved formally. The sauntering turned into a sprint when I saw the monitor.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. For the avoidance of doubt, I must say that in current circumstances it is not necessary for everyone who is taking part in a debate to be here at the beginning—just in case the House happens to be full and we want to keep the numbers down. Most unusually, therefore, the hon. Gentleman has done nothing wrong.

[Gavin Newlands]

I will take that in the spirit in which it was intended, Madam Deputy Speaker.

The SI comes at a difficult time for the aviation sector, as has been highlighted, and one that undoubtedly will see a significantly impacted and reduced sector by the time these regulations come into force. Notwithstanding the fact that Scotland is being dragged out of the EU and the transition period against our collective will, and that the regulations are therefore a matter of regret to us, it is not in our or anyone’s interest to interrupt regulations that ensure minimum insurance requirements for air carriers and aircraft operators in respect of passengers’ baggage, cargo and third parties.

With that said, in looking at the issue of insurance in aviation, perhaps we should be debating whether airlines have or can access appropriate business interruption insurance to cover situations such as the one that we face right now. If they had that insurance, we might not now be in a situation in which so many of our constituents waited inordinate lengths of time to secure a refund—indeed, many are still fighting to get one. That is why we on the SNP Benches have called on the Government to implement a travel guarantee fund, which may well still be necessary.

In my dealings with operators, they have said that the rights in respect of cancellation refunds in essence go only one way. In other words, if the holiday provider cancels a holiday, be it because of travel advice or any other reason, the consumer is entitled to a full refund, but if the passenger cancels a holiday because of Foreign and Commonwealth Office travel advice on the date of travel or the Government’s quarantine policy, only a portion of the refund, according to the terms and conditions of the bookings, is payable. Although it strays outside the scope of the regulations, does the Minister think that is fair?

The sector may not be as scaled down as we fear if the Government show the same level of support for this strategic sector as that shown by many other Governments around the world, including Scotland’s. I do not want to stray any further from the tight confines of the regulations, but other issues—including the situation facing workers at Rolls-Royce and British Airways, and right across the sector—may well be raised in much detail in my Adjournment debate, which will follow proceedings and which I am shamelessly plugging right now.

To conclude, I reiterate that despite the fact that we do not accept the basis by which the UK Government give effect to legislation that takes Scotland out of the EU, nor the transfer of discretionary powers from the Commission—an organisation accountable to the European Parliament and member states—to Ministers as individuals, we recognise the need to ensure that EU regulations are maintained on exit day, regardless of the constitutional situation. That is in the interests of consumers, passengers and businesses, and as such, we will not vote against the motion.

--- Later in debate ---

[Rachel Maclean]

I thank the hon. Gentleman for his point. That matter is outside the scope of this particular SI, but I assure him that I speak to the devolved Administrations on a regular basis, so all these concerns are being discussed in the Department and I will certainly take his point back with me.

The hon. Member for Strangford (Jim Shannon) expressed his support for aviation security, and mentioned the Bombardier plant in his constituency. We are aware of all those concerns, and are keen to work closely with him. I discuss connectivity with colleagues from Northern Ireland in my regular meetings with them. The Government recognise the importance of preparing throughout the year to ensure that we bring forward the required legislation for all possible scenarios at the end of the transition period and for Parliament to have the opportunity to scrutinise it in the normal way. This instrument, as we have seen, is essential to ensure that the legislation on aviation, which is an important part of the regulatory framework for civil aviation, continues to work effectively at the end of the transition period. I hope that the House has found this informative and that it will join me in supporting these regulations.

Question put and agreed to.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Once again, I will not suspend the House, because the last piece of business passed very swiftly and I perceive that everyone who was intending to leave the Chamber has done so and that everyone who requires to be here for the next piece of business is here, so we will move immediately on.