Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020

Lord Foulkes of Cumnock Excerpts

Monday 7th December 2020 Grand Committee

[Lord Foulkes of Cumnock (Lab Co-op) [V]]

My Lords, I thank the Minister for her helpful introduction to our debate on unmanned aircraft—sometimes, of course, described as drones. They are very different from the drones of the Drones Club of PG Wodehouse, Bertie Wooster and Jeeves, which we know so well, although the way we keep hearing some Ministers—with the notable exception of course of the noble Baroness—going on about “taking back control”, I see some connection with drones. If taking back control means the House of Lords and the Commons dealing with hundreds and hundreds of these statutory instruments, there is surely some connection. With the outcome of the discussions on our exit from the European Union still poised between no deal and a very poor deal, it does not bode well either way for the future.

How does all this affect unmanned aircraft? First, as the Minister rightly said, the EU regulations deal with the product standard for unmanned aircraft—that is the present. Do Her Majesty’s Government have any plans to change these and, if they do, why? How would any change affect the export or the import of drones?

Secondly, we are going to take control of rules for the operation of third-country unmanned aircraft operators. Could the Minister tell us how far beyond our shores this will apply, particularly in relation to the channel? We have a lot of disputation about fish in different parts of the waters around us. We do not want that to apply also to unmanned aircraft.

Could the Minister also tell us whether there are any plans to alter the requirements on maximum take-off mass, speed, height, serial number, or the characteristic dimensions of three metres or more, and on whether the drones are designed for transporting people or dangerous goods? Also, do the Government plan to make any changes on the age limit for operating unmanned aircraft if we take back control on it? If so, in what direction and why? Equally, does she envisage any changes on licensing operators when we take back control? Are any changes planned on arrangements for insurance, or for the examination requirements for obtaining a licence? The Explanatory Memorandum tells us that there are “no immediate plans” for the Secretary of State to designate new standards, but it would be helpful to know whether there are plans beyond the immediate future, or we must wonder why it is so vital to take back control in this area.

As the Minister said, the territorial extent of the regulations is the United Kingdom, I am glad to say, but paragraph 6.2 of the Explanatory Memorandum says that the Act also contains powers for the devolved Administrations to make secondary legislation. As she will know, there has been a lot of controversy over the allocation of the powers being returned from the European Union, as I know only too well as a member of the Common Frameworks Scrutiny Committee, so it would be helpful if she could clarify the respective responsibilities. She said in her introduction that civil aviation is a reserved function, as we know, so why are the devolved authorities mentioned? I advised her of this query in advance, when she very kindly asked us the points that we might raise. I hope that she will be able to deal with it in her reply.

I also take this opportunity to ask the Minister—I warned her about this as well—what lessons have been learned from the incident in December 2018, when drones closed the whole of Gatwick Airport. Could she tell us what action the Government have taken, or propose to take, as a result of their investigations?

These unmanned aircraft can be useful in many ways, such as for delivering medicines urgently, for traffic surveillance or in other areas, but they can also be deployed by those wishing to cause harm. Can the Minister assure us that there is close co-operation with the police and intelligence services to prevent any such use, particularly by terrorists?

Finally, I sympathise with the Minister for having to deal with this and many other statutory instruments. Nevertheless, notwithstanding all this, I look forward to many more when we return to membership of the European Union, as we undoubtedly will one day, because it is the most successful multinational co-operative body in the world today. With that, I am sure other noble Lords will be glad to know that I am well within my time.