Oral Answers to Questions

Debate between Kelly Tolhurst and Andy McDonald

Thursday 12th March 2020 Commons Chamber

[Kelly Tolhurst]

As I have already outlined, the Government are, and remain, supportive of airport expansion where we are able to deliver it within our environmental obligations. I must point out to the hon. Lady that the Court did not conclude that airport expansion is incompatible with climate change. As I have already outlined, we are reviewing this complex judgment and will lay out our next steps soon.

[Andy McDonald (Middlesbrough) (Lab)]

In the light of the Court of Appeal’s decision, the Government were wrong to deny the relevance and application of the Paris agreement. Do the Government now accept that their overriding obligation is one of compliance with our Paris accord commitments in reducing emissions, meaning that their national policy statement on aviation has to be revisited and revised, and that they should be saying no to climate-busting expansion at Heathrow?

[Kelly Tolhurst]

I can understand the concerns that many hon. Members may have around the Government’s next steps. That is why we have outlined that it is currently an ongoing legal process. We have said that we will review the judgment, which is complex, and set out our next steps. As I have already outlined, the Court did not judge that the airport expansion is incompatible with climate change. But we will obviously update the House as soon as possible on any future steps that we will be prepared to take.

[Andy McDonald]

The Court of Appeal said that it was illegal.

In the midst of a climate crisis, the Chancellor announced the biggest-ever programme of road building—a £27 billion splurge that will increase car use, worsen congestion, and increase climate emissions. In anticipation of legal challenges, as with airport expansion, and before the Government go any further, can they confirm that the roads programme has been subject to rigorous environment impact assessments and complies with our Paris agreement obligations?

[Kelly Tolhurst]

Yes.

Airport Expansion

Debate between Kelly Tolhurst and Andy McDonald

Monday 2nd March 2020 Commons Chamber

[Andy McDonald (Middlesbrough) (Lab)]

(Urgent Question): To ask the Secretary of State for Transport to make a statement on airport expansion.

[The Parliamentary Under-Secretary of State for Transport (Kelly Tolhurst)]

The Secretary of State is very sorry that he is unable to be in the Chamber today, but he is visiting the north, as part of a long-standing commitment, for discussions with northern leaders following the Government’s takeover of the Northern franchise. It is a pleasure to respond on his behalf as Minister for aviation.

Airport expansion is a core part of boosting our global connectivity and levelling up the UK. It is crucial that vital infrastructure projects, including airport expansion, drive the whole UK economy. This is a Government who support airport expansion, but we will only permit it within our environmental obligations. This Government have been clear that Heathrow expansion is a private sector project that must meet strict criteria on air quality, noise and climate change, as well as being privately financed, affordable, and delivered in the best interest of consumers.

Last week, the Court of Appeal ruled that the designation of the airports national policy statement did not take account of the Paris agreement, of non-CO₂ emissions or of emissions post 2050, and therefore has no legal effect unless and until this Government carry out a review. This Government have taken the decision not to appeal the Court’s judgment. We take seriously our commitments on the environment and reducing carbon emissions. It is a complex and important judgment that the Government need time to consider carefully. At this stage the Government will not be able to make any further comment beyond what was set out in the written statement on 27 February from the Secretary of State for Transport. Following the judgment, scheme promoters have applied for permission to the Supreme Court to appeal this decision. The Government will not comment on an ongoing legal case.

Aviation will play a key role in leading our economic growth and driving forward the UK’s status as an outward-facing trading nation, attracting investment and growing our trade links with new overseas markets. Today, our airports support connections to more than 370 destinations, in more than 100 countries. Aviation drives trade, investment and tourism, contributing £14 billion to our economy and half a million jobs. The next decade will mark an unprecedented moment of opportunity for the UK. That is why we are investing in transport and infrastructure across the country: investing in our strategic road network; proceeding with HS2; and committing £5 billion of funding to improve bus and cycle services outside London.

Airport expansion is a core part of our commitment to global connectivity, but we are also a Government who are committed to a greener future, as the first major economy in the world to legislate for net zero emissions by 2050. This Government are therefore committed to working with the aviation sector to make sure we deliver on the opportunities available to us, while meeting our environmental commitments, be it on modernisation of our airspace, innovation in sustainable fuels, or research and technology. This will ensure a prosperous and sustainable future for the whole country, and the House will be updated on next steps as soon as possible.

[Andy McDonald]

I welcome the Minister to her place. Last week, the Court of Appeal ruled that the Government’s Heathrow expansion plan was unlawful as it failed to consider their Paris climate agreement commitments. I would like to thank those who fought the case, not the least of whom was the London Mayor, Sadiq Khan. That we must rely on environmental campaigners and the courts to protect us from illegal and environmentally destructive policies is clear evidence of the Government’s lack of real concern about the climate crisis.

The Court’s ruling was the right one. At the time of the Airports National Policy Statement, Labour warned that the plans would cause the UK to miss its climate targets. We said that the Government were failing to take account of their commitments and that this would result in legal challenges—we were dismissed, but we were right. Why did the then Transport Secretary fail to consider the Paris climate agreement in his plans for airport expansion? What legal advice did he receive? Was the advice flawed or simply ignored? The Government said that they will not appeal the decision but will focus on “overall airport expansion”. What does that mean?

If the Government accept the ruling, they should rule out airport expansion. It would be unacceptable to amend the national policy statement to include a reference to climate commitments while simultaneously paving the way for policies that will cause them to be missed. The Government should not hide behind the courts or industry; they must say what their policy now is. It is their NPS, not Heathrow airport’s. Will the Government indemnify Heathrow Airport Limited and its backers for their wasted investment if runway three does not go ahead? What are the implications for the Government’s planned almost £30 billion road building programme, which also fails to consider the UK’s climate commitments? Those plans will significantly worsen emissions, at a time when there is a legal requirement for them to fall. What legal advice has the Minister had as to whether those astronomically expensive and environmentally destructive plans are not similarly unlawful?

It is already clear that the Government’s transport policy of road building, cutting aviation tax and airport expansions, will put the UK even further off track to meet its climate targets. This is morally indefensible, and last week’s ruling means it is likely to be legally indefensible too. Will the Minister take this as a wake-up call, by ruling out climate-busting airport expansion; introducing a frequent flyer levy; and investing in public transport, electric vehicles and active travel? The future of the planet is at stake.

[Kelly Tolhurst]

I am grateful for the hon. Gentleman’s comments about last week’s judgment, but I should point out that the Government were clear in our manifesto that the Heathrow expansion project was a private sector project and needed to meet the strict criteria on air quality, noise and climate change and to be privately financed in the best interests of consumers. Airport expansion is a core part of the Government’s commitment to global connectivity and investing in our infrastructure. We welcome the efforts of airports throughout the UK to come forward with ambitious proposals to invest in their infrastructure, under our wider policy of encouraging them to make the best use of their assets.

We want the UK to be the best place in the world and we are forming new trading relationships with the European Union and negotiating free trade deals around the world. Last week’s judgment is an important step in the process. Heathrow Ltd is obviously able to apply to the courts to appeal, but we take our environmental commitments seriously and they are important to how we reach our objective of net zero by 2050.

I highlight for the hon. Gentleman the fact that we are committed to the decarbonisation of aviation, as that is an important part of our efforts on climate change. That is why we are maintaining momentum by investing in aviation research and technology. We are investing £1.95 billion in aviation research and development between 2013 and 2026. In August last year we announced a joint £300 million fund, with industry involvement, for the Future Flight Challenge. We will introduce a Bill that will modernise the country’s airspace, reduce noise around airports and combat CO₂ omissions.

The hon. Gentleman referred to the advice given to the Secretary of State. I understand that that advice may form part of one of the grounds of appeal of another party in the Supreme Court, so I am unable to comment while the proceedings are ongoing, but I will not take lectures from the Labour party when even Labour-supporting unions such as the GMB have called Labour’s plans “utterly unachievable”. As I have already outlined, airport expansion is a core part of the Government’s commitment to global connectivity and levelling up.