Air Traffic Management and Unmanned Aircraft Bill [Lords]

John McDonnell Excerpts

Report stage & 3rd reading
Monday 22nd March 2021 Commons Chamber

[John McDonnell (Hayes and Harlington) (Lab) [V]]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

New clause 2—New CAA general duty: net zero aviation emissions—

‘(1) In subsection 70(2) of the Transport Act 2000, after paragraph (d) insert—

“(da) to ensure the achievement of net zero aviation emissions by 2050 and a progressive and material reduction in aircraft noise impacts, in each case pursuant to guidance to be provided by the Secretary of State.”’

This new clause would amend the CAA’s duties, as set out in the Transport Act 2000, so that it is required to meet net zero emissions and reduce noise impacts.

New clause 3—Reduction of noise from military aircrafts—

‘The Secretary of State must consider in any airspace change proposal the inclusion of measures to reduce the noise pollution arising from military aviation.’

This new clause would require the Secretary of State to consider including measures to reduce noise pollution from military aviation in any airspace change proposal.

New clause 4—Consultation on airspace change proposals—

‘(1) Where a consultation on an airspace change proposal is underway but not completed before the passing of this Act—

(a) the consultation must be stopped, and

(b) a new consultation must be started.

(2) A consultation under subsection (1) includes a consultation being conducted by an airport or group of airports.

(3) The airspace change proposal that is the subject of the consultation may not be progressed until the new consultation under subsection (1)(b) has been completed.

(4) The new consultation must take account of any externalities arising from the airspace change proposal including—

(a) air pollution,

(b) noise pollution, and

(c) road traffic congestion.”

This new clause would require any consultation on an airspace change proposal underway at the time the Act is passed to be stopped, and a new consultation started. It also specifies externalities the new consultation must take account of.

New clause 5—Financial Impact Assessment on the Airspace Change Organisation Group—

‘(1) The Secretary of State must conduct an impact assessment of the effects of this Act on the costs of the Airspace Change Organisation Group (ACOG) for a period of two years, beginning with the day this Act comes into force.

(2) The Secretary of State must lay before Parliament a report of the impact assessment required by subsection (1) within six months of the day this Act comes into force.

(3) The Secretary of State must include within the report required by subsection (2) a plan to manage the impacts identified within the report.’

This amendment would oblige the Secretary of State to investigate and publicise the financial impact on the air industry of compliance with the Act.

Amendment 3, in clause 2, page 2, line 4 at end insert—

‘(e) prepare an assessment, including a financial assessment, of—

(i) any externalities arising from an airspace change proposal that has been prepared or implemented, and

(ii) the geographic distribution of these externalities.’

This amendment would enable the Secretary of State to direct a person involved in an airspace change proposal to carry out an assessment of any externalities arising from the proposal.

Amendment 4, page 2, line 5, at end insert—

‘(1A) For the purposes of subsection 1(e), “externalities” include—

(a) air pollution,

(b) noise pollution, and

(c) road traffic congestion.’

This amendment is linked to Amendment 3.

Amendment 5, page 2, line 14, at end insert

‘modernisation of controlled airspace as part of the’.

This amendment will narrow the scope of direction by the Secretary of State to cases where a direction relates to airspace modernisation, so that enforcement orders may not be used in cases unrelated to airspace modernisation.

Amendment 6, in clause 3, page 3, line 2, at end insert

‘modernisation of controlled airspace as part of the’.

This amendment will narrow the scope of direction by the Secretary of State to cases where a direction related to airspace modernisation, so that enforcement orders may not be used in cases unrelated to airspace modernisation.

Amendment 2, page 3, line 34, at end insert—

‘(9) When the airspace change proposal relates to airspace used by military aircraft, the Secretary of State for Defence must require the cooperation of Military Air Traffic Control with the CAA to ensure the airspace change proposal incorporates measures to reduce military aircraft—

(a) noise; and

(b) pollution.”

This amendment would require the Secretary of State for Defence to reduce noise and pollution from military aircrafts where an airspace change proposal relates to airspace used by military aircrafts.

Amendment 1, in clause 5, page 4, line 29, at end insert—

‘(6) The CAA must publish emissions, noise and health impact information associated with the airspace change proposal as part of their consultation process.’

This amendment would establish a transparency duty on the CAA to publish emissions, noise and health impact information.

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[John McDonnell]

I wish to speak to new clauses 1 and 2 and amendment 1, standing in my name. I will seek to be as brief as possible, Mr Deputy Speaker; with your permission, I will aim to speak for no more than 10 minutes. Over the years, I have tried to use every legislative or policy debate opportunity to place the issues of noise and emissions at the heart of every discussion in this House on the future of aviation policy. These amendments seek once again to do just that.

I think I am the only Member of the Commons who can claim to have attended every major planning public inquiry and court case relating to the expansion of Heathrow airport over the last nearly 50 years. Over the years, I have attended as an interested local resident, then as the local Greater London Council councillor, then as the Member of Parliament for the Heathrow area. In addition to the deeply felt worries of local residents about the demolition of their homes and villages, two issues have been the consistent basis of challenge in these inquiries and legal contests. They are the impact of noise, and the impact of emissions on the community in the immediate area, as well as across large areas of London and now more widely.

At the terminal 4 inquiry, there was general support for limited expansion of the airport, as long as there were conditions attached to any permission to expand in relation to noise. By the time of the terminal 5 inquiry, a great deal of that support had turned to opposition, as the noise agreements had proved so ineffective in guaranteeing people’s quiet enjoyment of their homes, gardens and open spaces. By that time, much more evidence had emerged about the effect of noise on health, and about air pollution as the cause of severe respiratory conditions, vascular problems and cancers. It was because of the environmental impact that the planning inspector recommended that there be no further expansion at Heathrow after terminal 5. Heathrow Airport wrote to me and my constituents saying that if it was granted terminal 5, it would not need or seek a third runway. Of course that was a lie, and within six months it was publicly lobbying for a third runway.

Subsequently, we have also grown aware of the role that emissions play in climate change. I find it hard to comprehend why, despite our facing the existential threat of a climate emergency; despite knowing that 40,000 people a year die from air pollution; and despite all that we now know about the health implications of noise and sleep impairment, consideration is still being given in Government to airport expansion. We need to ensure that all the aviation legislation we consider addresses the critical issues of noise and emissions, which is what these new clauses and amendments seek to do.

I am grateful to the Minister for writing to me explaining the Government’s attitude to my amendments. On a positive note, I see from this correspondence that although the Minister does not support my new clauses or amendments, he does not disagree with the intention behind them. I welcome his commitment to ensuring that the issues raised by them are addressed in any future review of air navigation guidance and noise policy.

Let me briefly run through the new clauses and amendments, and some questions in response to the Minister’s position. New clause 1 would place a statutory duty on the Civil Aviation Authority to reduce, minimise or mitigate significant adverse noise impacts of aviation. The Minister has argued in correspondence that applying a new general duty to all the CAA’s functions is not desirable because safety must remain the primary duty in the context of section 70(1) of the Transport Act 2000. The intention of the new clause is not to reduce safety as a priority, but rather to raise noise and emissions reductions up the priority order. It should be the duty of all public bodies to ensure that we are safe from noise, air pollution and climate change.

The Minister states that the CAA must take account of any guidance on environmental objectives given to it by the Secretary of State, and that is true. However, the effect of the legislation is to subordinate all the environmental matters to section 70(2)(a) and the duty

“to secure the most efficient use of airspace consistent with the safe operation of aircraft and the expeditious flow of air traffic”.

Noise and emissions are always reduced to being second-class citizens in this ranking order.

The Secretary of State has powers under section 78 of the Civil Aviation Act 1982 to limit numbers and types of craft active during the night period at Heathrow and the other airports designated under the Act, so one question that needs to be addressed now is whether this section should be amended to include limits on numbers and types of aircraft during the day as well.

The Minister referred in correspondence with me to the consultation on noise caps in the aviation strategy Green Paper, and said that noise reduction would be looked at again as we come through the pandemic. I welcome that, but the Green Paper applied to all airports other than Heathrow, and so does not provide communities under Heathrow flight paths with any certainty for the future. I would welcome it if the Minister considered amending the aviation national policy statement to ensure that a noise cap was considered in relation to Heathrow and potential expansion there.

The Minister has stated that noise restrictions should be placed on airports, and not, as in new clause 1, on the airspace around the airport. He argues that the latter would—I quote—“create a significant burden on the airspace change process and add great complexity to the day-to-day management of airspace.” That response unfortunately highlights my concern that enhancing capacity is prioritised over reducing the harm to overflown communities and the environment. In my view, airspace and airport capacity should be increased only subject to strict noise and emission reduction conditions. That is a role that the CAA should have a hand in playing. Giving permission to expand capacity on the basis of asserted benefits that cannot be translated into conditions, and whose delivery the regulator cannot monitor and enforce, is not consistent with the Government’s stated policy on noise or climate change.

New clause 2 would amend the CAA’s duties, as set out in the Transport Act 2000, to require it to achieve net zero emissions and reduce noise impacts. The Minister has asserted that the Government cannot support this amendment because the word “ensure” would make it difficult for the Civil Aviation Authority to accept any proposal that did not reduce emissions and aircraft noise, regardless of the overall benefits of the proposal. However, section 70(2) of the 2000 Act is intended to list all the factors that the Civil Aviation Authority must consider. None is supposed to have a greater weight than the others, and a variety of language is used for the different objectives—everything from “secure” to “satisfy” and “take account of”. Some hierarchy of responsibility seems to be emerging in the discussions about the role of the Civil Aviation Authority and what should be taken into account. I do not see why “ensure” would be any more problematic than, for example, “secure”. We need clarity about the role that the CAA can play in ensuring that we can move towards net zero emissions, because it plays an important role in tackling climate change by developing an environmental aviation strategy.

Amendment 1 would place a transparency duty on the Civil Aviation Authority to publish emissions, noise and health impact information. The Minister has said that assessments covering noise, health, local air quality and greenhouse gas impacts must be submitted by proposers along with any formal airspace change proposal, and he argues that they are subsequently published on the CAA website. My amendment would simply require this information to be published more clearly, alongside the proposed changes. That would help deepen community understanding of the proposals and the alternative options.

Last week, the Government announced kickstart funding for the airspace modernisation strategy. The Minister must ensure that local communities have a genuine voice in this process. It is vital that the redesign of airspace delivers mutually balanced outcomes for the industry and local communities alike. The Government should commit to publishing assessments of the noise and health impacts of concentrated flightpaths before any final strategy is signed off.

I thank the Minister for the courteous way in which he has responded to my amendments to the Bill in correspondence. He offered a meeting, which unfortunately, due to last-minute business in the House to which I was committed, did not take place. However, the issues we are addressing today go well beyond this legislation, so I hope he will agree to meet me and a few colleagues to take the discussion further, as this is so important to communities living close to airports—and, given the concerns we all have about climate change, all our constituents.

[Richard Fuller (North East Bedfordshire) (Con)]

It is a pleasure to follow the right hon. Member for Hayes and Harlington (John McDonnell), who speaks with great authority on this particular topic. I am also grateful, as he was, to the Minister for his kind consideration of the issues I have raised about the Bill as it has proceeded to this point.

I would like to speak to my amendments: new clause 4, which would seek to halt, or essentially cancel, and then start new consultations on airspace changes that are currently under way; and amendments 3 and 4, which speak to the requirement for the Minister and the reviews he proposes to take into account a financial assessment, and within that particularly to take account of the externalities comprising part of that financial assessment. With your leave, Mr Deputy Speaker, and that of the House, I would like to talk through each of those.

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[Mr Deputy Speaker (Mr Nigel Evans)]

I am not too sure how much more the Minister will say on Third Reading now, but we will wait to see.

[John McDonnell [V]]

He has confused me as well, Mr Deputy Speaker.

There has been an acknowledgement of the issues raised in the new clauses and amendments. It is clear that we all agree on the objectives, even if we do not agree on the path to achieve them. I am a great believer in the powers or conversion, so we will campaign on, but this evening I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Third Reading

Motion made, and Question proposed, That the Bill be now read the Third time.—(Robert Courts.)