Draft Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2018 Debate

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Department: Department for Transport
Karl Turner Portrait Karl Turner (Kingston upon Hull East) (Lab)
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It is always a pleasure to serve under your chairmanship, Mr Davies. As ever, I intend to be brief, but I hope that the Minister will answer the points I will raise.

As the Minister has just mentioned, the draft regulations are part of the many aspects of EU law falling into UK law under the Government’s EU withdrawal Act. We will obviously be supportive of them. The draft regulations focus on four areas of legislation: passenger rights, including compensation; rights of disabled passengers; liability for injury to passengers and damage to baggage; and insolvency protection regimes and ATOL.

Under the draft regulations, the Civil Aviation Authority will continue to enforce passenger rights legislation. Implementation will be extended to UK carriers operating flights from third countries to the UK, in line with the current scope of the CAA. That means that the CAA can enforce regulations in respect of routes operated by UK carriers from an airport in a third country to the territory of an EU member state, where this is currently enforced by other member states. Has the Minister considered extending the scope of the criminal offences in the draft instrument, so that the CAA is effectively then responsible for the enforcement of the retained regulation as a whole, rather than being limited to routes from airports in the UK and from third countries to such airports?

My understanding is that no deal could mean that ATOL protection is not recognised within the EEA as meeting the requirements for insolvency protection in relation to sale of travel packages. That is concerning. Will the Minister confirm whether that is the case? If it is, what contingency plans have the Government put in place as part of their no-deal planning? I look forward to the Minister answering those points. If he needs to do so in writing, I am happy for him to do that.