Space Industry (Indemnities) Bill

Jonathan Lord Excerpts

3rd reading
Friday 17th May 2024 Commons Chamber

[Mr Jonathan Lord (Woking) (Con)]

I beg to move, That the Bill be now read the Third time.

Clause 1(a) is the central and crucial provision of the Bill, so I shall briefly explain its purpose and why it is necessary. Before a company can operate a satellite in orbit or carry out a launch mission from the UK, it must first obtain a spaceflight operator licence under the Space Industry Act 2018. The licence process ensures that spaceflight activities are undertaken safely, securely and in accordance with the UK’s international obligations.

Under United Nations space treaties, the state is ultimately liable for any damage or injury that may be caused by its space activities—even those undertaken by commercial space operators. The 2018 Act therefore contains provisions to help mitigate potential costs to UK taxpayers arising from UK commercial spaceflight activities. The provisions include the power to incorporate licence conditions requiring operators to hold insurance and, under section 36 of that Act, to indemnify the UK Government and other named public bodies against any claims brought against the Government or body in respect of damage or loss.

It is recognised, however, that placing unlimited liability on commercial space activities would be a barrier to operating in the UK. Other space nations, such as France and the United States, limit liabilities or provide a state guarantee for the launch activities that take place from their territory. Section 12(2) of the 2018 Act currently provides a power to specify a limit on the amount of the licensee’s liability to indemnify under section 36. Current Government policy is that the regulator should use those powers to specify a limit on operator liability in the licence so that no operator will face unlimited liability. That policy is set out in guidance, and I understand that all spaceflight operator licences issued to date under the 2018 Act contain a limit on the amount of liability. However, those in the industry have made clear, in response to consultation and in other fora, that they would welcome the legal certainty that they will not face unlimited liability when launching or operating a satellite from the UK.

Clause 1(a) amends section 12(2) of the 2018 Act by replacing “may” with “must”. That will change section 12(2) from being a discretionary power to a mandatory requirement by specifying a limit on the amount of an operator’s liability under section 36 in respect of the licence.

Clause 1(a) is a key regulatory improvement to the 2018 Act. It will provide assurance to investors that limits on the amount of an operator’s liability to indemnify Government and other named bodies will be included in licences. However, the existing provisions in legislation about the circumstances in which the limit on the amount of liability does not apply will continue to have effect. They include circumstances in which an operator is liable in gross negligence or wilful misconduct, or in which damage or loss is caused by non-compliance by the operator with its licence conditions, the requirements of the 2018 Act, or regulations.

Clause 1(b) contains a minor but necessary consequential amendment to section 36 of the 2018 Act. Overall, clause 1 meets a key request from the sector. It will also address a recommendation made by the Taskforce on Innovation, Growth and Regulatory Reform.

The amendments made by clause 1 are consistent with Government policy, which is designed to support and grow the UK’s commercial space sector. By setting a clear requirement in law for a limit on operator liability in the licence, the clause will provide UK industry and those looking to invest in the UK with greater certainty, and carry more force than reliance on policy statements and guidance.

As we convene for Third Reading of this vital Bill, I urge colleagues across the House to consider the profound impact it will have on safeguarding British industrial and business interests in the burgeoning field of space and spaceflight. The Bill seeks to address critical uncertainties surrounding liability and indemnity for our space industry, providing much-needed clarity for current and prospective spaceflight operators and investors alike.

[Dame Karen Bradley (Staffordshire Moorlands) (Con)]

I congratulate my hon. Friend on his Bill. Will he confirm that it will give the UK a real competitive advantage in the space industry? It seems to me that it will.

[Mr Lord]

I thank my right hon. Friend for that intervention. I can confirm that the Bill will set us on par with the United States and France, our friends and probably our main competitors in this important arena. The space industry is already worth £17.5 billion a year, and it is estimated that these measures will add tens of billions over the coming decade or more. My right hon. Friend makes a really important point; the Bill will make us competitive in an area where, currently, we are not quite there.

[Nickie Aiken (Cities of London and Westminster) (Con)]

I congratulate my hon. Friend on Third Reading of his Bill, which will make a huge difference to the space industry. Does he agree that it is imperative, as we move through the 21st century, that we encourage more women and girls to consider taking up the skills and employment opportunities that the space industry offers? Sadly, to date the industry has been too male focused. If we are going to pass Bills like this that give the industry the confidence to expand, hopefully we will be able to encourage more women and girls to consider a career in the space industry.

[Mr Lord]

My hon. Friend makes an excellent point. The Bill will help provide certainty for our space industry for many years to come. Of course, we need all the talent that we can provide in this country. I completely agree that we want more girls going into science, technology, engineering and maths, and considering a career in this fantastic, relatively new industry.

By amending section 12(2) of the Space Industry Act 2018, the Bill will firmly establish in law the imperative that all spaceflight operator licences will have a defined limit on liability. Such clarity will not only fulfil a long-standing demand from the sector, but ensure that our regulatory framework aligns with international standards and best practice. In an era when commercial space activities are poised for the huge growth that I have just mentioned, the Bill is a decisive step towards fostering a competitive and thriving space industry on our shores. Members from Cornwall and Scotland in particular will know the benefits of that, with our new spaceports.

Mandating specific liability limits, essentially forming a type of risk sharing between the commercial operator and the Government, will empower businesses to navigate risks prudently while encouraging continued investment in space-related ventures. As a nation, we must seize every opportunity to cultivate an environment in which British enterprises can flourish and contribute to the advancement of our economy and our technological prowess.

Furthermore, we should acknowledge the collaborative efforts that have shaped this legislation, drawing on insights gleaned through consultation with industry stakeholders and from expert recommendations. The Bill reflects a balanced approach that prioritises the interests of both business and the public purse, ensuring that our regulatory framework remains robust yet adaptable to evolving circumstances. By enshrining these principles in law, we affirm our commitment to fostering a vibrant yet responsible space industry that serves the interests of our nation, our businesses and our citizens.

By passing this Bill, we not only bolster confidence in our regulation but lay the groundwork for a future in which British ingenuity propels us to new frontiers of discovery and prosperity. I urge all Members to support this Bill, recognising its significance in shaping the trajectory of our nation’s space industry for decades to come.

--- Later in debate ---

[Mr Lord]

With the leave of the House, I would like to thank all Members of this House for attending. For those who attended Second Reading, I am pleased that we had fewer space-related puns today, although it was a very humorous—and, beneath the humour, very serious—debate that went on for some time and covered all issues. I also thank those Members who served on the Bill Committee, and the Clerk of private Members’ Bills, Anne-Marie Griffiths, who has given such good help and advice to me and to other colleagues who have brought forward private Members’ Bills in this session.

Our space industry is thriving, but this measure is vital to securing an equally exciting and dynamic future. I am so pleased that the Bill has cross-party support. The shadow Minister, the hon. Member for Reading East (Matt Rodda), spoke very eloquently about the space cluster that we have in Surrey and the wider south-east. One of those companies is Surrey Satellite Technology Ltd, which is just outside of my constituency, but has many employees living in my constituency who will benefit. Other firms—large, medium and small—will grow in the UK and come to the UK if this measure is passed.

It was a great honour to see my hon. Friend speaking from the Dispatch Box—the first of many times, I am sure. This measure has cross-party support and, to ensure that exciting and dynamic future that I mentioned, I commend the Bill to the House.

Question put and agreed to. 

Bill accordingly read the Third time and passed.

[Mr Deputy Speaker]

I congratulate the hon. Gentleman on his successful excursion into space.