Civil Aviation (Consumer Protection and Regulatory Reform) Bill [Lords]

Keir Mather Excerpts

2nd reading
Wednesday 9th September 2026 Commons Chamber

[Mr Richard Holden (Basildon and Billericay) (Con)]

Before I turn to the Bill, let me comment on the events of the last 24 hours, which have shown just how important effective oversight of our aviation sector is. The shocking failure at NATS has left hundreds of thousands of passengers in the lurch, and serious questions have been raised about the resilience of our air traffic control system and aviation infrastructure. As we consider legislation that gives further functions to the CAA, we must ensure that proper parliamentary scrutiny and ministerial accountability are not lost. When something goes wrong this badly, the House must be able to demand answers.

Having spoken to Mr Speaker earlier today, it was my understanding that urgent questions requested by my party and by the Liberal Democrats were not accepted because the Government gave assurances that a statement will be made in the House tomorrow. The Government could have chosen to make a statement today, but they chose to prioritise other matters. If the Secretary of State would like to intervene to say that tomorrow there will be a statement in which all Members can ask proper questions about what has happened, I would welcome that. A Second Reading debate is not the right place for questions and answers, and only one hon. Member from the Labour Benches intervened on her. This is not an appropriate moment to have that discussion, so perhaps the Secretary of State would like to confirm that there will be a statement tomorrow. If not, I am afraid it looks like there has been a serious miscommunication between the Speaker’s Office and those on the Government Front Bench. [Interruption.] Sorry, does the Minister want to speak from a sedentary position, or does he want to come to the Dispatch Box and speak?

[The Parliamentary Under-Secretary of State for Transport (Keir Mather)]

indicated dissent.

[Mr Holden]

Okay. If he does not want to answer the questions, we will have to drag him to the House tomorrow.

[Keir Mather]

I am in the House right now!

[Mr Holden]

If the Minister would like to speak, he can stand at the Dispatch Box. No, he does not want to do that—fine. We will have him here tomorrow, then, as we were told today that our urgent question would not be accepted because the Minister would be making a statement. We will have to see whether that actually happens.

Having said all that, I welcome the engagement from the Secretary of State and Ministers in the other House on this Bill, and the engagement that has taken place on this matter. I would like to see that engagement continue, and I hope that it can.

The Conservatives agree with the stated aims of the Bill—namely, to promote economic growth and infrastructure development, to strengthen consumer rights and protections, and to enhance aviation security. For that reason, we will not divide on Second Reading. I also agree with the Secretary of State’s observation in her letter to colleagues on 1 September, in which she said that the contributions of the Lords have helped strengthen the legislation before the House today. At its core, this is broadly an administrative Bill. We on the Conservative Benches recognise that certain measures must be taken following our exit from the European Union to ensure that regulatory gaps are filled and continuity is maintained in a way that ultimately keeps Britain’s aviation industry working safely, as the Secretary of State highlighted.

The Bill pays much attention to consumer rights and associated protections, and the Conservatives welcome parts of that agenda. Indeed, I appreciate the Department showing some flexibility on these issues, particularly with regard to safeguarding disabled passengers. However, given the violent agreement between the Secretary of State and me on these matters—I confess that it is not always this way across the Dispatch Box—I am slightly puzzled by one item. Why on earth did her party whip Members in the other place to vote against a review of airport drop-off charges? Why are passengers paying such exorbitant drop-off charges? It would appear that the Government do not want us to know that. Why is it, as The Times has reported, that charges at Gatwick have now reached £10 for 10 minutes, while Luton’s, under Labour-run Luton council, have increased from £2 to £7?

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Transport (Keir Mather)]

It is great to be back at the Dispatch Box, Madam Deputy Speaker, and I thank all Members for their participation in today’s debate. Before I begin, I too would like to acknowledge the significant disruption caused by yesterday’s air traffic control fault, and apologise to all passengers whose travel plans were affected. As those events have shown, civil aviation is a cornerstone of our national prosperity, supporting jobs, investment and connectivity across the United Kingdom. This Bill is an important piece of legislation, and one that is rightly regarded as an opportunity to strengthen a critical sector for the United Kingdom.

The aviation sector has evolved significantly in recent years as a result of rapid technological developments, new aircraft capabilities and the emergence of new airspace users, including drones. The regulatory framework requires modernisation to adapt to these developments. At the same time, the UK’s departure from the European Union has limited our ability to update certain areas of aviation regulation. The sector has also had to respond to major external shocks, from the unprecedented disruption caused by covid-19 to, more recently, instability in the middle east. To meet these challenges, we need a framework that is flexible enough to adapt to change, support innovation and keep passengers at its heart. The Bill will help deliver that framework.

The Government have listened carefully to the scrutiny that the Bill received in the House of Lords. We made a number of significant changes during its passage through the other place, particularly to strengthen accessibility provisions, passenger protections, accountability and parliamentary oversight. I thank peers from across the political parties and the Minister, the noble Lord Hendy, for their efforts in achieving this. As a result, the Bill that is before the House today is stronger than the one first produced.

I have paid close attention to the points raised by Members across the House this evening, and I would like to address them in turn. I will start with the remarks of the shadow Secretary of State, the right hon. Member for Basildon and Billericay (Mr Holden), and the shadow Minister, the hon. Member for Bognor Regis and Littlehampton (Alison Griffiths), who I warmly welcome to her place—it is great to be working alongside her. They have made an impassioned defence of the aviation sector and aviation businesses; I only wish there were more Conservative Back Benchers in the Chamber to listen to their impassioned pleas. I will make two points, the first of which is on the shadow Secretary of State’s point about making a statement. From my experience as a Government Whip, it is never wise to question Mr Speaker’s decisions about what is allocated or not allocated in this House.

[Mr Holden]

Will the Minister give way?

[Keir Mather]

I will just finish my point. I am, however, more than happy to come and answer any questions the Secretary of State may have in this place.

The shadow Minister made an important point about the fact that the Secretary of State has asked the CAA to report within six months. When we had the major outage in 2023, it took two years for the CAA to make a similar report. In that report, it made 34 recommendations, of which 32 have been implemented, so a six-month timeframe is a much shorter, sharper window in which to get definitive answers to these questions. NATS is also required to provide a report to the CAA within a week of the incident taking place, to fully explain the implications of what has happened.

I will now give way to the shadow Secretary of State.

[Mr Holden]

I just wanted to make it very clear that I was in no way questioning what Mr Speaker decided. When he spoke to me, he made it very clear that his understanding was that the Government were going to make a statement. [Interruption.] Government Front Benchers may shake their heads, but that is what I was told by Mr Speaker.

[Mr Holden]

Thank you very much, Madam Deputy Speaker. The point I was making was that I was basically being accused by the Minister of saying something that I had not said. I just wanted to make clear what was said, because the real question here is one of parliamentary scrutiny.

[Keir Mather]

If the shadow Secretary of State is of the opinion that I have mischaracterised what he said, I will of course withdraw that statement, but I suppose we should let the usual channels take their course in figuring that out. I should add that I was slightly remiss in what I said earlier: not 32 but all 34 of the recommendations have been implemented.

Let me now turn to a serious point raised by the shadow Secretary of State about drop-off charges and the amendment that was made in the House of Lords. I can confirm that the Government have no objection to conducting a review of this matter, although we need to think carefully about the terms of such a review and about the time that it will take to ensure that we can engage with the range of issues that Back Benchers have raised today about transparency, charging, ability to pay and free drop-off points.

I understand people’s frustrations when public transport challenges prevent them from accessing airports. My hon. Friend the Member for Macclesfield (Tim Roca) made that point very powerfully. I should also acknowledge, however, that airport drop-off charges operate as part of a wider framework. They are often used to manage congestion—a point made by my hon. Friend the Member for Harlow (Chris Vince)—to meet mode share targets, and to fund infrastructure improvements. However, all that could be part of the conversation that takes place through a review, and our approach will, of course, always be to protect passengers while supporting our airports as businesses.

[Several hon. Members rose—]

[Keir Mather]

I am being spoilt! I give way to my hon. Friend the Member for Hitchin (Alistair Strathern).

[Alistair Strathern]

My hon. Friend will probably have heard me speak at great length today—for purely good reasons—about the importance of the subsidised bus travel that Luton airport offered over the summer holidays, not just to my constituents but to anyone intending to travel from the airport in August. Might not such subsidies, as opposed to just increasing the cost of drop-offs, be a positive way to encourage people to make that modal shift and travel sustainably, and to take people out of cars and on to buses when they travel to Luton airport in the future?

[Keir Mather]

That is an intriguing idea, and I should be very glad to meet my hon. Friend to discuss it further. Of course we want to promote the use of public transport to reach our airports by as many people as possible. Let me now give way to my hon. Friend from the Transport Committee.

[Dr Scott Arthur (Edinburgh South West) (Lab)]

Of course, none of us wants to see the roads approaching our airports become more congested than they already are, but I checked Gatwick airport’s website—we heard about Gatwick earlier—and it seems that for blue badge holders it is free to use the drop-off service. Irrespective of when the review takes place, or even if it takes place, I am sure the Minister agrees that no airport in the UK should apply drop-off charges to blue badge holders, and that it should be easy for those people to access airports.

[Keir Mather]

My hon. Friend has made a powerful point. He is, of course, right: people with disabilities are disproportionately more likely to use drop-off services at airports than other customers, so it is for airports to facilitate that whenever possible. I am pleased to say that, more often than not, robust procedures are in place to ensure that passengers with disabilities have free drop-offs at airports, but that needs to be adopted widely throughout the sector.

[Peter Swallow (Bracknell) (Lab)]

I am grateful to the Minister for giving way—he has been very generous. May I pursue the point about enabling more people to travel to airports on public transport? I have raised with him my fear that the draft Heathrow expansion national policy statement is not strong enough to ensure that, if we are to have a third runway at Heathrow, we will also have improved rail links, including a southern rail link, which could well benefit my constituents. May I urge him, as the Government look at the responses to that consultation, to think again and strengthen the policy to ensure that we get not only the third runway, but the infrastructure that would be needed to support it?

[Keir Mather]

My hon. Friend is right to say that that should be our focus. All four of the tests that we have set out on which a development consent order for Heathrow expansion would be granted are dependent on ensuring that we have adequate surface access to the airport, both for his constituents and people across the country and for the people who work at the airport. That relates to air quality and to carbon impacts. It must be a focus, and it will be considered, now that the consultation has closed.

I share the anger and frustration expressed by the Chair of the Transport Committee, my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury), on behalf of the passengers who have been affected over the past two days, but I also thank the staff and the aircrew aboard planes for the difficult work that they have undertaken to ensure that people are ultimately safe and their welfare is protected. I understand that many of the constituents of my right hon. Friend the Member for Hayes and Harlington (John McDonnell) will be doing that important work.

My hon. Friend the Member for Brentford and Isleworth asked whether passenger rights are fit for purpose at present. The Bill gives us the power to update passenger rights when we feel that they do not go far enough. Doing that through secondary legislation will ensure that all Members can feed their experiences into the process. Clause 3 also means that the Secretary of State must have particular regard to those who are most adversely affected when things go wrong and disruption occurs.

My hon. Friend the Member for Brentford and Isleworth spoke powerfully about the need to have proper resilience and contingency planning for airports in relation to people with disabilities, but also to parents with baby food. All these considerations need to be part of the process, and I thank her for championing the work of my hon. Friend the Member for Bexleyheath and Crayford (Daniel Francis), who speaks incredibly powerfully about his family’s experience of using a wheelchair to travel and fly. I hope he is reassured that the measure in the Bill that lifts the compensation cap for damage to wheelchairs on domestic flights goes far enough.

The Chair of the Transport Committee also made the point that there needs to be a single standard of treatment for everybody who uses our airports, building on the commitments in her Committee’s fantastic report, “Access Denied”. I can confirm that the Department is looking at this issue very closely through an accessible travel charter, spearheaded by my hon. Friend the Member for Wakefield and Rothwell (Simon Lightwood). It will have key expectations, pledges and commitments, and it will make sure that treatment is consistent for passengers with disabilities from the train that they board to get to the airport to the aeroplane door. That is incredibly important.

My hon. Friend the Member for Brentford and Isleworth made a broader point about public transport access in relation to airport drop-off charges, and her point about taxi access is something that I would be glad to discuss with her further. I know that it can cause unintended consequences and community disruption, particularly around unlicensed taxis, and I know that is also an issue for my hon. Friend the Member for Uxbridge and South Ruislip (Danny Beales).

My hon. Friend the Member for Brentford and Isleworth and other Members are right to point to the issue of staff safety. We should all be clear in this House that any form of abuse or intimidation of those who work at our airports is totally unacceptable. The Government will work with airports and airlines to stamp it out wherever we can, and work on this issue should be forthcoming shortly. I am very pleased to be meeting Unite the union to discuss this matter tomorrow, and I thank it for its consistent campaigning on this work.

The hon. Member for Didcot and Wantage (Olly Glover) made a really important point about scrutiny and delegated powers being part of this Bill, and asked whether there has been overreach. I believe that the provisions in the Bill that relate to CAA rule making and the need to have safety rule-making powers within the CAA are necessary, because aviation safety rule making is highly technical. It is fast-moving, yet the current system forces every change through a process that is very duplicative and resource intensive. There are strong safeguards for that process, and Ministers will be able to set the CAA’s priorities through a published framework. During the Bill’s passage in the Lords, the Government introduced amendments to strengthen parliamentary scrutiny of the new aviation rule-making framework and implemented all the associated recommendations from the Delegated Powers and Regulatory Reform Committee, which the hon. Member knows is assiduous in its efforts to ensure that Parliament is robustly consulted on these issues. More broadly, I am glad that he and his colleagues are supporting the Bill at Second Reading, and I look forward to engaging constructively with him on his amendments.

My hon. Friend the Member for Mid Cheshire (Andrew Cooper) spoke powerfully about his experiences at Manchester airport with regard to both the use of sunflower lanyards and the airport’s Sunflower room. This Bill is about giving the CAA the ability to ensure that consumer standards are upheld and to strengthen people’s rights, but we cannot omit the excellent work that is already happening at airports up and down the country. The staff make those places positive areas from which to travel for people across our country, and I think that needs to be recognised as part of this debate.

My hon. Friends the Members for Hitchin and for Uxbridge and South Ruislip both expressed concern that when the compensation cap is lifted for damage to wheelchairs on domestic flights, airports and airlines might withdraw their willingness to take wheelchairs on to planes. I can assure my hon. Friends that I think airports and airlines will work hard to comply with these measures, but the Bill contains provisions for the CAA to enforce consumer rights, and I am sure that will be part of any process that takes place in this space. More broadly, although the Bill extends to domestic flights—there is an issue with extending it any further due to the Montreal convention—I was pleased to speak to the United Kingdom’s permanent representative to the International Civil Aviation Organisation this morning about this very issue and how we might raise it more robustly in international fora. 

The hon. Member for Sutton and Cheam (Luke Taylor) raised our common obligation to think about all questions affecting aviation with a simultaneous consideration of their effects on the planet. I am glad that he thinks that we are engaging adequately on some of these questions, and I am always happy for him to push me further when he thinks we are not. We are developing a world-leading SAF mandate and revenue certainty mechanism. Changes to airspace modernisation can mean that flights are more efficient and burn less fuel. The jet zero strategy is pushing us much further in this direction.

More broadly, through the future of flight industry group, the Department for Transport is undertaking pioneering work on aviation sustainability, electric and hydrogen as forms of propulsion in aviation, and promoting higher standards through CORSIA—the carbon offsetting and reduction scheme for international aviation—at ICAO. So I hope that the hon. Member for Sutton and Cheam feels that we are moving in the right direction, although I am always happy for him to push me further.

The hon. Gentleman asked me a valid question about oversight of the CAA and NATS, and this was also asked by my right hon. Friend the Member for Hayes and Harlington. The hon. Member for Sutton and Cheam shares my view that we need to do everything possible to minimise the chance of what happened yesterday happening again. He will know that the CAA, as a regulator, can put mechanisms on NATS for delay-related targets, alongside penalties that reduce airline charges when targets are missed, but we know that we need to go further. We know that more needs to be done, and as the Secretary of State said, the CAA will undertake an independent investigation to understand what happened. By asking the CAA to review immediately, we as Ministers can ensure that there is strong oversight for passengers. If the hon. Gentleman believes that this should lead to further enhancements for air passenger rights, it is clause 1 of the Bill that will allow us to do so. His point was very well made.

Turning to my hon. Friend the Member for North West Leicestershire (Amanda Hack), it was a pleasure to visit East Midlands airport the other week. She raised an opportunity, which presents itself in this Bill through its measures on slot regulation, to think about how we can help our air freight sector to perform in a more agile way, to move more goods through our airports and to boost growth for UK plc. She also raised questions about allergies and how we can protect passengers with allergies when they are travelling. That is incredibly important, which is why it is in the Bill and will form part of the consultation formed under clause 2. She asked me when the consultation on these issues will take place, and it will be within 12 months of the passage of the Bill. I thank her and my hon. Friend the Member for St Austell and Newquay (Noah Law) for making powerful arguments in defence of our regional airports.

I thank the hon. Member for Moray West, Nairn and Strathspey (Graham Leadbitter) for his offer to work on a cross-party basis to ensure that we learn the lessons from what happened yesterday and ensure effective oversight of NATS. I say to him that we are in the early stages of understanding what the impact is on consumers and the aviation sector, but I will of course do my very best to keep the House informed as we get more information. I will pass on to the Ministry of Defence the issues he raised to do with the MOD and RAF Lossiemouth about the regular training exercises, their noise impacts and how that intersects with civil aviation, and then I will write to him on the issue.

[Chris Vince]

The Minister is making an excellent speech—the take-off was fantastic and I am looking forward to seeing the landing. I want to ask him about the recent fire at an electricity substation at Heathrow airport—the point raised by my right hon. Friend the Member for Hayes and Harlington (John McDonnell). I am very aware that we are seeing increasingly extreme weather—we had the heat over the summer and I suspect we will have extreme cold during the winter—so has the Minister considered the challenges that our aviation sector will face and what does he think the Government can do to mitigate those issues?

[Keir Mather]

I thank my hon. Friend for saying my speech is fantastic, and it is certainly detailed. I know that we have been cruising at altitude for some time, so I will do my best to get on with it. He raises a broader point about climate resilience at our airports, and I can assure him that the DFT takes this matter incredibly seriously and is progressing work across the Government to think about how we can become more adaptive, in partnership with the private sector, to deal with these issues.

Turning to the matter of the legislative consent motion in relation to clause 7, I confirm to the hon. Member for Moray West, Nairn and Strathspey that it does engage the legislative consent process for both Scotland and Northern Ireland. My officials are engaging with their counterparts on this matter, and I will be sure to keep him informed.

The hon. Member for Horsham (John Milne) asked me about the subject of his private Member’s Bill on creating an ombudsman for the CAA. My view is that the costs of setting up a potential ombudsman outweigh the benefits it would bring. Complex CAA decisions, such as changes to flight paths, are already subject to extensive consultation. I am of the view that the CAA has robust remedies for people dissatisfied with customer service issues, including consideration by the independent complaints assessor, while the work of the CAA is also subject to oversight by the Parliamentary and Health Service Ombudsman, and that is before we get into a broader conversation about the CAP 1616 process. However, I am happy to discuss this with him after today’s debate and ahead of Committee consideration to think about what more we can do to address his concerns.

My right hon. Friend the Member for Hayes and Harlington also raised a concern about the CAA reporting within six months and us not dealing with the situation with the immediacy it requires. I can assure him that a report will be coming through from NATS to the CAA within a week. That will provide its initial assessment of what has taken place. We will shortly have more to say on what the impacts are and I will endeavour to keep the House informed. He raised a point about whether there will be sufficient follow-up actions. That is a fair challenge, but I would just say that when the outage occurred in 2023, 34 recommendations were proposed to mitigate reoccurrences by the CAA, all of which were implemented.

On CAA oversight, I agree with my right hon. Friend that that is massively important. I would just say that we currently have a robust system for CAA oversight, although we can of course debate whether to take it further. There is an independent complaints assessor, the CAA’s work is subject to oversight by the PHSO, economic regulation decisions can be appealed to the CMA and there is of course the CAP 1616 process for airspace modernisation, but I would be glad to engage with him on where we can take those matters further.

I will draw my remarks to a close. The Bill is about modernising the UK’s aviation framework so that it remains fit for the future: supporting growth; strengthening passenger protections, particularly for those who find travelling through our airports most challenging; and maintaining the highest standards of aviation safety and the UK’s formidable reputation in this space. Our ambition is to build a competitive aviation system that delivers for passengers and keeps pace with technological and operational change. Today’s debate has been wide ranging and a useful opportunity to discuss important issues with hon. Members. I thank all those who have contributed and I look forward to continuing our discussions in Committee.

Question put and agreed to.

Bill accordingly read a Second time.

Civil aviation (Consumer protection and regulatory reform) bill [Lords]: programme

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Civil Aviation (Consumer Protection and Regulatory Reform) Bill [Lords]:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 22 October 2026.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Shaun Davies.)

Question agreed to.

Civil aviation (Consumer protection and regulatory reform) bill [Lords]: money

King’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Civil Aviation (Consumer Protection and Regulatory Reform) Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of any increase attributable to the Act in the sums payable under or by virtue of any other Act out of money so provided.—(Shaun Davies.)

Question agreed to.

Civil aviation (Consumer protection and regulatory reform) bill [Lords]: Ways and means

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Civil Aviation (Consumer Protection and Regulatory Reform) Bill [Lords], it is expedient to authorise the imposition of charges for the exercise of functions under or by virtue of the Act.—(Shaun Davies.)

Question agreed to.

[Mr Richard Holden (Basildon and Billericay) (Con)]

On a point of order, Madam Deputy Speaker. Members have not had the chance today to properly raise the NATS blackout, which has affected over 100,000 passengers and cost UK aviation tens of millions of pounds. The Secretary of State has not indicated that the Government will provide a statement today in the Chamber. Madam Deputy Speaker, can you tell me what those of us on the Opposition Benches, and all Members interested in raising issues that affect their constituents, can do to get answers from the Government?