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Air Traffic Management and Unmanned Aircraft Bill [HL] Debate
Full Debate: Read Full DebateLord Berkeley
Main Page: Lord Berkeley (Labour - Life peer)Department Debates - View all Lord Berkeley's debates with the Department for Transport
(4 years, 10 months ago)
Lords ChamberMy Lords, I do not intend to rehearse what others have said, only to underline a few things. May I turn to resources? It is essential that the Civil Aviation Authority has sufficient resources to do the job it is asked to do. If it is being kept short of resources, as referred to by the noble Lord, Lord Tunnicliffe, I hope that the Minister can assure the House that it will have the resources to do what is asked of it. They are well respected, hard-working people, but they do not deserve to spend a lot of their time fighting over their budget.
In terms of resources, however, I am more concerned about the responsibilities being put on the police. A lot of legislation has passed extra responsibility to the police, be it looking out for knife crime, looking out for drug crime or looking out for terrorism. I know that the police are hopelessly stretched. I seek an assurance from the Government that, if the police are to be given extra responsibilities under this legislation, the resources at their disposal will be increased so that they can train specialist officers to deal with them. It is not something that—if I may put it this way— PC Plod from around the corner can claim to have specialist knowledge of; there will need to be intelligent people behind any enforcement.
It also strikes me that a lot of private benefit is likely to come from the use of drones. I think all of us can think of things that might happen, from the delivery of parcels by Amazon to people filming for television—all sorts of things. I urge the Government to make sure that the people doing these things for private gain—they will not do them for free—contribute something in the way of licence fees to whoever is to enforce the law, because one without the other is quite meaningless.
I also reiterate what has been said about powerful deterrents. You have to decide who you are dealing with. Finding powerful deterrents for an individual may be quite easy, but for companies such as Sky or Amazon deterrents must have teeth in order to bite. I echo the words of the noble Lord, Lord Naseby: there comes a point when people should not receive fixed-penalty notices, however big, if they do not obey the law. They should come before a court to explain what they are doing and answer for it. We are talking about potentially dangerous activities.
The noble Lord will remember Christmas a year ago when the drone—or drones—caused so much trouble at Gatwick. The police and the authorities seemed to have great difficulty in identifying the drone and the person controlling it. It is fine to have more police powers, but how will they be able to use them unless there is some form of identification for the drone or the operator?
Air Traffic Management and Unmanned Aircraft Bill [HL] Debate
Full Debate: Read Full DebateLord Berkeley
Main Page: Lord Berkeley (Labour - Life peer)Department Debates - View all Lord Berkeley's debates with the Department for Transport
(4 years, 9 months ago)
Lords ChamberMy Lords, Amendment 1, moved by the noble Baroness, Lady Randerson, seeks to clarify the phrase in Clause 2(2)(c)
“another person with functions relating to air navigation.”
I shall start by addressing that phrase and then move on to the other parts of airspace modernisation and how the powers to which it refers might be used.
To give a little background, Clause 2 gives the Secretary of State the power to direct any person involved in airspace change, following consultation. Consultation will come up a number of times today; this is a very consultative process, as indeed it must be to work. After consultation with that person, the Secretary of State can direct them to do three things: first, to prepare or submit an airspace change proposal, an ACP, to the Civil Aviation Authority, the CAA; secondly, to take steps to obtain approval to an ACP that has already been submitted; and, thirdly, to review the operation of an ACP after it has been approved. Those are the three things that the Secretary of State can direct.
In Part 1 of the Bill, any
“person involved in airspace change”
is defined as, again, three things. First, they could be an airport operator, and one might expect that in most cases the airport operator would indeed be involved in putting forward the ACP or making sure that it progresses; secondly, they could perfectly well be an air navigation service provider; and then there is that third term to which this amendment relates—it is a probing amendment to understand what sort of person
“another person with functions relating to air navigation”
could be. For example, they could be part of an existing body such as an industry association or an airspace change consultancy brought in after the consultation, perhaps, to look at how the process of the ACP is working. Or they could be from a new body set up to deal with a specific ACP or a group of ACPs. One might imagine a circumstance in which a group of airports set up a new ACP in order to help another airport to deal with its airspace change.
The reason behind the third part of Clause 2(2) is to provide flexibility, because it may be—and one can imagine circumstances in which it would be—that the person involved who was the subject of the direction was not an airport operator or an air navigation service provider. In all this, though—and again I hope that noble Lords will recognise this today—these powers are to be used only as a last resort. We hope that the process will be collaborative and involve various elements working together in order to achieve the positive change that we need. I hope I have explained the reasons why this flexibility is needed. It is that that third person may not be one of the other two but may nevertheless be quite capable of taking forward an airspace change.
I am very interested in what the Minister said about who might be involved in seeking changes. Yes, it could be done to help a small airport to get better access to its flights or controls, but it could be done to keep someone away. In other words, it could be done to prevent competition. My worry would be how much it would cost for a small airport to oppose or indeed promote these things if those circumstances arose.
I think we will get into the detail of how airspace change proposals work in the next group of amendments. It is the case that there is a master plan that is overarching—I think hand gestures are needed to describe this—and covers the whole of the south of the country. Within that, there are then 17 airports that may need to make airspace change proposals to a greater or lesser extent in order to fit the master plan. When an airport, be it small or large, puts forward its airspace change proposals, those are considered by the CAA according to the criteria as set out in Section 66 of the Transport Act 2000.
The noble Lord has just corrected me that it is Section 70, and he is absolutely right.
Within all this, it is the CAA that will ensure that airspace change proposals are appropriate. It is not the case that one airport will be capable of coming along to try to duff up another, because both airspace change proposals will be considered as they move through the system. The CAA will look at them, and equity between the two will be one of the important considerations that it will look at.
I turn back to the reasons why this change is possibly not needed. Airspace modernisation, as the noble Baroness, Lady Randerson, mentioned in her opening remarks, is a complex and multifaceted programme. There is the master plan, which will sit over the entire new airspace design, but that makes up just two of the initiatives out of the 15 that comprise the airspace modernisation strategy that has been set out by the CAA. For example, one of the initiatives, as is rightly also set out in the Transport Act, is that the use of airspace has to be equitable for all users. The Government are looking to ensure that airspace is not controlled—I do not want to say “unnecessarily” because I do not think it would be fair, but there might be controlled airspace that could become uncontrolled and therefore allow a greater number of users to use it. I am thinking particularly about the general aviation field, and I certainly know that gliders have sometimes had difficulties because for them uncontrolled airspace is much easier to use.
However, any change in airspace will always go through a process, and that process will have safety as its absolute priority. I think noble Lords will be aware that the number one thing that we have to do when we look at airspace is ensure that planes are safe to fly. It will also take into account the airport’s particular growth plans, so an airport could not turn around and say “No, I’m really sorry—I need that back”. These are fairly long-term decisions and, as I am sure the noble Baroness is aware, the process takes a significant time. However, it is also consultative so there will be a consultation process not only with the general aviation sector but with the airport itself; it will be able to give its reasons why it would like to maintain that airspace as controlled, if indeed that is what it wants to do.
The noble Baroness, Lady Randerson, also mentioned the costs of airspace change proposals. I believe that they can be quite costly, and we will come on to them in a later group so I probably will not address them now. However, I hope that on the basis of my explanation she will agree that Clause 2(2)(c) should remain part of the Bill and feel able to withdraw her amendment.
My Lords, I apologise for misreading my Order Paper and trying to head into areas of amendments before I should be allowed to: I thank my noble friend for correcting me. However, on this amendment, there is a strong case for some compensation to be allowed for smaller airports—in particular, those that are compelled to make changes. The amendment is unclear on whether this covers just the cost of making the change, however that is defined, or the negative commercial impact as a result. That is a totally different area but one that I know is of great concern to smaller airports.
Amendment 10 awards compensation for an excessively high financial burden, as the noble Baroness just said. That is also extremely difficult to assess. I think one would have to be more specific than a “high financial burden”, because there is a lot of argument there. The principle, however, seems right, because whatever we decide to do or is decided, smaller businesses should not be forced to foot large bills for airspace changes forced on them by the Government and may be forced on them through government as a result of pressures from those who can better afford the costs associated with such changes.
My Lords, the two points raised by the noble Lord, Lord Kirkhope, and the noble Baroness are well illustrated by Newquay Airport in Cornwall, where I live. I use the airport occasionally. It is subject to a public service obligation which the county council has negotiated to ensure four return flights a day between Newquay and a London airport. It has been very successful. There has been recent discussion, as noble Lords will know, to change the London location from Heathrow back to Gatwick, for reasons we do not need to go into today. The point is that Newquay has a few flights going to other places in the UK, on the continent and in Ireland. It is also the base for Richard Branson’s latest idea of getting to the moon—taking passengers there, or something—which may be the subject of a government grant. It is odd, but if it was required to make changes to its airspace because of some other reason, the airport would be in severe financial difficulties. That is why it has been given a PSO: because it is an important part of improving the transport between Cornwall and London.
One can challenge or disagree with some of the text of the amendment, but the principle is there. If, when she comes to respond, the Minister does not like the wording, perhaps she can go away, have some discussions about it and come back with more acceptable wording. We should hold on to the principle of a small airport not being put to severe financial difficulty because of something over which it has no control.
I have no particular difficulty with the idea of compensating somebody who is being adversely affected by a decision for larger national reasons, but going back to the concern about the Ministry of Defence interests, let us suppose that a Ministry of Defence interest is such that it needs to be accepted. Looking ahead, the Armed Forces will have drones as well as manned airframes. Their needs may be quite unusual compared with the normal. In those circumstances, a decision would have to be taken either in the interests of the Ministry of Defence or the commercial civilian operator concerned. I am not clear how such a decision would be arrived at. Perhaps, once again, the Minister will be able to make it clearer to us all where the Ministry of Defence fits into this type of decision.
I acknowledge the noble Lord’s point. This argument is not all about efficiency. I will finish my points.
At this early stage, if the airport operator expressed concerns that it did not have sufficient funding to proceed with a particular ACP, we would expect the oversight team to work with the operator to suggest alternative solutions. We expect that this could include an alternative sponsor paying for the changes. The CAA oversight team could help identify and seek support from another ACP sponsor—most likely to its benefit—whose own ACP plans depend on the change in question. An example of this is Heathrow Airport, which currently provides assistance to various smaller airports to bring forward their ACPs in order to ensure that its own ACP can be developed, due to the interdependence of their airspace.
As for alternative funding support, the CAA has created from its determined costs an airspace modernisation support fund of £10 million for the 2020-25 regulatory period. The airspace modernisation support fund, ASF, is intended to be utilised to address projects that are important to the success of the airspace modernisation strategy where there are no other appropriate mechanisms for the recovery of these costs. It should support AMS deployment, including activity critical to the implementation of the airspace master plan that ACOG has been commissioned to deliver under the AMS. There is therefore the potential to apply for funding support, which would need to be considered alongside other funding bids.
As a last resort the Government could consider, on a case-by-case basis only, whether grant funding under Section 34(1)(b) of the Civil Aviation Act could be provided to an airport directed to bring forward an ACP that resulted in adverse financial impacts. This funding would be subject to Treasury approval and offered only if it proved absolutely necessary. We consider that offering government funding on a wider basis would go against the “user pays” principle.
I assure noble Lords that, due to the steps I have outlined, we do not expect a situation to arise in which an airport operator would be put in financial difficulty by being directed to progress an ACP where there is no positive business case for one. In extremis, if this were to happen, under Section 34(1)(b) of the Civil Aviation Act 1982 the Government would be able to provide compensation to an airport for the losses it has incurred, but this would still be considered on a case-by-case basis.
I was interested when the Minister gave the example of Heathrow Airport being prepared to provide the funding necessary for a small airport to propose changes. Heathrow Airport does it not exactly on a charitable basis but for its own benefit. It is a commercial outfit. It tried to do this in the last year with the flight I spoke about earlier from Newquay to Heathrow. The county council said: “We don’t want that. We’d rather stay at Heathrow than be transferred to Gatwick.”
The Minister is looking a bit bemused. My point is that Heathrow offering somebody else the funding to help make these changes is not exactly independent. It will be in its commercial interests, so it should probably be ignored.
I thank the noble Lord, Lord Berkeley, for his intervention. I think he was talking about aircraft slots in that instance, which is not the subject of this debate. Also, Newquay is not subject to the ACP in the same way as other airports; it is outside the master plan.
I hope I have been able to reassure noble Lords that this amendment is unnecessary. We do not anticipate that a situation of loss will arise. Based on these points, I therefore hope that the noble Baroness feels able to withdraw the amendment.
My Lords, I support the views of my noble friend Lord Tunnicliffe and the noble Baroness, Lady Randerson, on this amendment. It is extraordinary that the air sector is the only one that does not pay any kind of fuel duty. I think that goes back to the Chicago convention a very long time ago. Air passenger duty was introduced as a way of trying to compensate. We can see how important the Government think that is, because they have given Flybe—which I keep going on about—a holiday from it, to enable it to survive. For me, the policy implications of this are all wrong. The Government do not really care about the environment. They want to keep this company alive because Virgin would not be able to save it and it would be a disaster. This might not be the right place to cover this important issue, but this is an aviation Bill and we need to see it addressed on a consistent basis, so I support the amendment.
My Lords, I thank the noble Lord, Lord Tunnicliffe, for tabling the amendment. I agree with him—and, I am sure, with all Members of your Lordships’ House—that the fight against climate change is one of the most pressing issues of our time. It is absolutely right that we continue to highlight emissions, to publish data on them and to plan for their ongoing reduction. The Government already publish emissions data for domestic and international flights. The Department for Business, Energy and Industrial Strategy reports annually on these greenhouse gas emission statistics. The statistics cover all sectors of the economy, including transport. Those for 2018 were published just last week and are readily available online. I will happily share a link so that all noble Lords can see them.
Within the statistics, individual transport modes—including aviation—can be identified. Domestic aviation is reported on separately from international aviation, because the methodologies used are different. The data is obtained from the National Atmospheric Emissions Inventory, produced by Ricardo Energy and Environment. It is also available online. The amendment referred to the 1998 Aarhus convention, the three pillars of which are already implemented in domestic legislation. Article 5, which relates to access to information, has been implemented through a number of measures, including legislation such as the Environmental Information Regulations 2004.
Measures in the Bill, as many noble Lords have noted, can help tackle emissions by reducing the amount of fuel burn that will come from aircraft, because they will be making more efficient journeys into airports. We are also moving into circumstances now where new technologies will allow for steeper climbs and steeper descents into an airport: again, this reduces the amount of fuel needed. It will also reduce the need for holding stacks, a big user of fuel. Early analysis suggests that modernisation in the south-east could reduce the amount of fuel burn by 20%, which would be a 20% reduction in carbon.
However, I will go away and look at the data. I am as interested as anybody in making sure that the data is correct, that it is published correctly and that it is available for all to see, because only then will we be able to really see the impact of our actions. If the noble Lord has any further details of the sort of data he would like to see, I cannot guarantee to put it the Bill but I may be able to make sure that it is published by colleagues.
The Minister will be aware that one of the consequences of Brexit is a lot more work heading towards the CMA, something that our EU Internal Market Sub-Committee, chaired by my noble friend Lady Donaghy, is looking at. Is the Minister happy that the CMA will be able to recruit more people to cover the civil aviation issues as well as everything else, or will they be constrained by the usual Treasury financial limits?
We have been discussing the Bill with the CMA. We are talking about appeals to modify the conditions in the licence of the single air navigation service provider which is dealing with the upper airspace. Therefore, we do not expect to keep the CMA particularly busy and are not aware that it would have a shortage of resources.
Air Traffic Management and Unmanned Aircraft Bill [HL] Debate
Full Debate: Read Full DebateLord Berkeley
Main Page: Lord Berkeley (Labour - Life peer)Department Debates - View all Lord Berkeley's debates with the Department for Transport
(4 years, 9 months ago)
Lords ChamberMy Lords, I think the House knows that I used to be an RAF pilot. I express some disappointment that the clerks’ department, somewhere along the line, did not add my name to this amendment and a number of others—but I have accepted the apologies of that department.
There is a vast difference between “in control” and “controlling”. I live on a hill in Sandy, Bedfordshire, and so far I have collected two drones that were, by definition, very close to being over the 400 feet and certainly not in the line of sight. I think it is very important that we differentiate between those who are actually flying the drone and those who might technically own the drone or control the company that is flying the drone, or some other definition. I hope that my noble friend on the Front Bench will recognise that this is not a superficial difference but a very significant one and that we must make sure that there is a clear definition. I thank my noble and gallant friend for raising the matter now.
My Lords, there is a remarkable similarity between the discussions on this amendment and the discussions we have had over the years on self-driving, autonomous cars. The only difference is that this is three-dimensional and the other one is generally two. The noble and gallant Lord, Lord Craig, and the noble Lord, Lord Glenarthur, both gave examples of a question I have long had. The noble Lord, Lord Glenarthur, mentioned two drones meeting over a pipeline or something, but the problem remains: how does a constable identify the person who is in control, or whatever? He is sitting in his car with his machine—or however he is going to do it—but how will he identify that? He cannot really arrest either the drone or the person unless he can identify them first. I hope that the noble Baroness will be able to explain this rather simple bit of logic which has escaped me so far.
My Lords, I thank the noble and gallant Lord, Lord Craig of Radley, for introducing this small group of amendments and giving us the opportunity to probe this wording, because it is incredibly important that we understand that the wording is fit for purpose. While I understand the intention behind his amendments, after careful consideration the Government believe that the existing wording in paragraph 1 of Schedule 8 regarding a person or persons controlling an unmanned aircraft is fit for purpose in relation to both manual and pre-programmed operations.
On Amendment 24, regarding the power for a constable to require a person to ground a UA—unmanned aircraft—a constable could exercise this power in relation to a UA performing a manual or pre-programmed operation if they had reasonable grounds for believing a person or small group of persons to be controlling that aircraft. Where this reasonable belief exists, the constable could require a person to ground the UA regardless of whether it was pre-programmed or not— hence the existing wording is sufficient for the power to be effective in the circumstances envisaged by the noble and gallant Lord.
A similar issue arises in Amendment 26; again, “controlling” refers to the UA when it is being flown either manually or in a pre-programmed mode if it is capable of that. It is therefore our view that the distinction that the amendment seeks to make would have no discernible benefit, since the description implies a person controlling a UA in line with the existing wording in the Bill. However, the Government recognise that UA technology is constantly evolving, and we will continue to keep our policies under review to ensure that they remain fit for purpose.
On the point made by my noble friend Lord Glenarthur about helicopters and pipelines, he is quite right that unmanned aircraft will increasingly be used for tasks such as patrolling pipelines, railways and all sorts of other things. However, under the current regulations drones should not fly over 400 feet and must remain within line of sight—to go beyond line of sight is against the regulations. They must have permission to do either of those two things. To get that permission, one would assume that those operating the helicopter would be aware that there might be drones operating in that area.
On the point made by the noble Lord, Lord Berkeley, about identifying the person, the constable must have a reasonable suspicion that the person is controlling the unmanned aircraft. That is not infallible, but a reasonable suspicion is not certainty. Therefore, given that the drone must remain within line of sight, a person will probably be able to be seen.
I hope that, based on this explanation, the noble and gallant Lord will feel able to withdraw his amendment.
My Lords, I would like to speak in support of Amendment 25, and again, I had hoped to see my name attached to it. I am not sure whether the Committee fully appreciates the sheer scale and numbers that we are dealing with. My judgment, as someone who has been keeping some track of what is happening, is that probably 2 million drones have now been sold and presumably are being flown. I have had the privilege of serving on the Public Accounts Committee with the noble Lord opposite, and on a number of occasions he and I would probe into issues in depth. I therefore say to my noble friend on the Front Bench that the probing which the noble Lord has done should be listened to and assessed very carefully.
Yesterday I went to a briefing on the importation of illegal tobacco. I have never smoked so I have no real personal interest other than ensuring that the revenue that should legitimately go to Her Majesty’s Government does so. There is little doubt that the people behind the illegal importation of tobacco are incredibly creative and show enormous genius, with the result that huge quantities are coming into this country. Allied to that is illegal drug importation, to which the same applies. I have just renewed my shotgun licence. The police are exceedingly careful about the renewal of such licences, not least by those of the older generation, in which I put myself. I am not surprised about that. The police checked thoroughly into where the guns are kept and whether they are properly locked away, and that we had security arrangements to ensure that if someone did break in, alarms would be set off.
We are absolute beginners in this field of activity and its implications. My friend the noble Lord on the Benches opposite is right to say that we are dealing with the rogue element but—as I have demonstrated by giving just two examples in drugs and illegal tobacco importation, and there are others—the rogue element is there in great profusion. Moreover, drones themselves provide a wonderful facility for illegal importation activities. Even if my noble friend on the Front Bench is not able to accept the wording of the amendment, I hope that she will think about it seriously and possibly come back at Report either to accept it or to table it with some minor modifications.
I will say to noble Lords that if we do not take action at this point in time, we will rue the day.
The noble Lord, Lord Naseby, has made an interesting comparison between drug and tobacco smuggling and the action of a drone. The difference is that a drone can do monumental damage, if a rogue operator gets in the way and starts doing things that they should not be doing. I saw an instance of drug smuggling in the Isles of Scilly a few years ago; not only was the boat being used to smuggle confiscated, but the man who was single-handedly bringing these drugs into the country was so frightened of being caught that, when the yacht was tied up in St Mary’s harbour, he decided that the best way to get away was to climb the mast. He fell to his death on the quay, which was very sad. He was desperate not to get caught, but the boat would have been confiscated, and I cannot see why a drone cannot be confiscated.
My noble friend Lord Campbell-Savours gave some wonderful examples of the numbers involved. The drones should obviously be confiscated, and anyone who wants to get their equipment back should have to apply to a magistrate. The amendment seems very reasonable to me.
Is there any requirement for those who operate drones to ensure that they are fitted with transponders, which can be interrogated by other types of aircraft conducting their operations perfectly legally within the same airspace? Might some mechanism be found to ensure that those who operate drones without transponders are breaching the rules, to which the noble and gallant Lord and the noble Lord, Lord Berkeley, have referred?
I am afraid I do not have that information to hand. I would be remiss if I tried to remember, so I will write to the noble Baroness. I think that was a consultation for all aircraft. She will be aware that the Government are looking at general aviation and, as we move forward, the interplay between unmanned and manned aircraft in a unified traffic management system. That is some way off but we have to start thinking about it now. The electronic conspicuity of drones comes from EU regulation and is now in domestic law. We are in the three-year period during which all drones will have to have conspicuity.
My noble friend Lord Goschen mentioned other penalties and I hope I have given him some idea of their level. I will send this note around because it is useful in setting out exactly what happens if you contravene certain of the regulations.
As for getting people to understand what is required of them, we work with the retailers and the manufacturers—the CAA has the drone code—to make sure that we get the message out as much as possible. This is particularly important around Christmas, when there is a great deal of activity, so that when people get a drone—are given one or buy one—they know that it is not a responsibility-free activity and exactly what their rights and responsibilities are.
I feel a letter coming on on this one. There is quite a bit to cover about proportionality, deterrence and the different levels of penalty for different offences.
I am pleased that the noble Baroness will write a letter. It might be a long one, but that is good. In this debate we have swung between saying, “Most people are just doing it in the garden. They might have the drone under their bed. If they go up, they do not fly hard, it is not going high and it won’t hurt anyone much,” to the other extreme when it could bring down an aeroplane or worse. My noble friend and others commented on the number of drones that may be flying and wondered how many will be flying illegally—in other words, without notification, without a licence or whatever. The question of proportionality is therefore quite serious; for some offences confiscation may be too strong a penalty and for others nothing like enough. In her letter, will the Minister give us some idea of how many constables or whatever we are to call them—the enforcement agency—will be trained to do this work and how many offences might they have to follow up each year? I have not a clue. You can think of every policeman in the country being able to do this—which is stupid—or of it all being done centrally. However, it would be good to have some idea of how enforcement might take place so that people like me, who have no great experience of this, can compare it to what happens on the roads or anywhere else. I will be glad to hear the Minister’s comments.
I thank the noble Lord for that intervention. I hope he will be able to stick around until we get on to later amendments dealing with police resourcing and how the training will work.
Let me go back to first principles. The Bill is about giving the police the powers they need to put in place the penalties that already exist. It is very much about filling in that gap. We are working closely with the police and this is what they have asked us to do to give them the powers to clamp down on illegal drone use. The situation is in flux as people register but, for people who have not registered and are flying illegally, the police now have these powers. Without the Bill, they would not have the powers. With that, I hope the noble Lord will feel able to withdraw his amendment.