Civil Aviation Bill

Lindsay Hoyle Excerpts

Wednesday 25th April 2012 Commons Chamber

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

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

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Amendment 11, page 49, line 31, clause 80, at end insert—

‘(2A) The CAA may also provide advice and assistance to such persons in connection with security checks performed on users of civil air services who have religious clothing requirements in order that their dignity be maintained without compromising the rigour of those security checks.’.

Amendment 13, page 51, line 10, clause 82, at end insert—

‘(3A) Before making a scheme under this section the Secretary of State must review the impact of such transfers on the security functions of the CAA.’.

Government amendments 17 and 18.

[John Woodcock]

I am pleased to have the opportunity to raise a number of issues relating to aviation security. This is an immensely important subject, and one on which the Bill before us has something to say, but we believe that additional safeguards are strongly in the public interest. There are questions that my hon. Friend the shadow Secretary of State raised on Second Reading, and that I and other Labour Members raised in Committee, to which we have not yet had satisfactory answers. We believe that this proposal provides an opportunity for increased safeguards and scrutiny, and that is why we seek to amend the Bill today.

The UK has a relatively strong record on aviation security. The current arrangements have evolved to meet the threats that have faced the UK from Lockerbie onwards, through the various plots that have emerged since the 9/11 terrorist attacks. As terrorists have increased the sophistication of their efforts to cause death, destruction and disruption, so the UK aviation security system has, generally, shown an ability to adapt and stay one step ahead.

The Bill proposes a major change in the security regime, shifting responsibility for overseeing security arrangements from the Department for Transport to the Civil Aviation Authority. A number of issues flow from that. The first involves staffing. Although the move has broadly been welcomed by the industry, we raised concerns in Committee regarding the transfer of specialist security staff from the Department for Transport to the CAA. The Minister has not yet fully addressed those concerns, but I hope that she will do so shortly. Under the terms of the Bill, 85 members of staff will be transferred from the Department for Transport to the CAA. There is concern that some will choose not to transfer, and will instead leave public service. That could represent a serious loss of expertise in an area where finding suitable replacements could be difficult. To ensure the security of our airports and planes, we need to retain that experience.

On Second Reading, the shadow Secretary of State asked the Government to consider seconding at least some staff, rather than transferring them. The Transport Committee has also made that recommendation. In Committee, the Minister told us that it was possible that some staff would be seconded. Our amendment 13 would require the Secretary of State to assess the impact of staff transfers before she gave the go-ahead to move responsibilities to the CAA. I hope that the Minister will take this opportunity to inform the House of the Government’s current position on secondments, and to tell us whether they have got beyond the stage of simply hoping that staff will not walk away.

We have also tabled new clause 3, because we again want to give the Government the opportunity, which they passed up in Committee, to subject to parliamentary scrutiny their proposed shift to an outcome-focused, risk-based approach to aviation security. Without our new clause, the move to risk-based security would not be mentioned in the Bill at all. We should be clear about what the reform will entail. Under the Government’s proposed new security regime, rather than directing specific measures that airports must undertake in order to maintain security, Ministers will instead specify a number of key risks that need to be mitigated. It will then be for the airports themselves to undertake their own risk assessment. They will be tasked with analysing their local vulnerabilities, and with designing and implementing appropriate mitigating measures. I know that the Minister will agree that this represents a major change to the UK’s aviation security regime.

--- Later in debate ---

[Chris Heaton-Harris]

The hon. Gentleman is going on a bit.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Mr Heaton-Harris, you should know much better, as you have many years of experience in Europe in addition to your time as a Member of this House. I am sure the point of order is coming to an end, and when it does I shall give a quick ruling.

[Karl Turner]

I am always very glad to welcome the Deputy Prime Minister to Hull East. Indeed, if he is visiting in order to campaign, I am sure he will do very well for the Labour party. What is the convention of this House, however?

--- Later in debate ---

[Mr Spellar]

On a point of order, Mr Deputy Speaker. I have huge regard for your qualities, and the abilities you bring to your office. I was therefore astonished at the recent intervention by the hon. Member for Daventry (Chris Heaton-Harris), seeming to imply that you would not know whether a Member was in order. I hope the hon. Gentleman realises that, and that in future he will treat your office, Mr Deputy Speaker—and, indeed, yourself—with greater respect.

[Mr Deputy Speaker]

I am sure we can now make good progress.

[Mrs Ellman]

Security was one area on which the Select Committee expressed concerns and raised questions. Some of those concerns are touched upon in some of the amendments. The change in security arrangements—responsibility in part moving from the Department to the CAA—is linked to a change to an outcome-focused, risk-assessment regime, but that basic change of policy has not been fully debated. The Committee did not address the subject in depth; instead, we looked at certain specific issues, which are in the Bill.

The shift in responsibility from the Department to the CAA will result in increased costs to the industry. While industry generally supports the changes in the Bill, it is concerned about costs. It has been stated that the cost will be £5 million a year, but I understand that, in fact, the figure could be a great deal higher.

Another issue is how the division of responsibilities will operate in practice. Under the proposed changes, the Secretary of State is to have responsibility for policy and the CAA is to have responsibility for operational matters, but it is unclear how that division will be made and how that would operate, particularly in emergency situations when swift decisions may be required.

That issue is linked to the concern we expressed about staffing, and the possibility of staff in the Department who have expertise in this area not moving to the CAA and therefore not being available to deploy their expertise where and when it is most needed. We have not received any clear answers on that. We suggested there might be secondments. I understand that the Department is not very supportive of that idea, and does not accept that it may solve the problem. We remain concerned about this possible loss of expertise.

I understand that the CAA will be undertaking its new responsibilities by 2014. That is not a long time in the future. It is important that the issues I have raised are addressed. There is also the question of whether the move to an outcome-focused, risk-assessment approach will, in fact, maintain—or, indeed, increase—vital levels of security.