Aviation Safety (Amendment) Regulations 2024

Lord Hendy of Richmond Hill Excerpts

Monday 18th November 2024 Grand Committee

Moved by

[Lord Hendy of Richmond Hill]

That the Grand Committee do consider the Aviation Safety (Amendment) Regulations 2024.

Relevant document: 6th Report from the Secondary Legislation Scrutiny Committee

[The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)]

My Lords, these regulations were laid in draft before this House on 23 October 2024. They amend existing aviation safety regulations to update certain provisions, and cover matters including: new requirements for altimeter checks; modernising fuel schemes and fuel planning; all-weather operations; improvements to flight crew training and checking; and safety management systems. These regulations will bring UK law into alignment with amendments to international law, upholding our international obligations, as well as making corrections and amendments to assimilated law.

I start by providing some background information about these regulations. As a member state of the International Civil Aviation Organization, or ICAO, the UK has agreed to implement international standards and recommended practices—SARPs—in domestic law. SARPs are technical specifications for aviation safety contained in annexes to the Convention on International Civil Aviation and adopted by the ICAO. As a member state, we are obliged to implement any amendments made to SARPs in domestic law unless impracticable to comply or not relevant to our system. Where this is the case, member states must file a difference notifying the ICAO that there are discrepancies between SARPs and domestic law. The majority of differences filed by the UK are either because legislative changes are yet to be undertaken or are in progress, are legacy differences inherited from assimilated EU regulations that we will incorporate over time, or, as mentioned, they are not appropriate for the UK system.

The draft regulations will bring UK law into alignment with amendments to Annexes 6 and 14 to the Convention on International Civil Aviation. Annexes 6 and 14 contain SARPs relating to the operation of aircraft and aerodromes respectively. The updates pertain to: enhancing fuel planning systems; widening all-weather operations—the ability of aircraft to take off and land under low-visibility conditions; improving flight crew training and checking; and updates to new and continuing airworthiness requirements around safety management systems. It also corrects and supplements amendments to assimilated law made by the Aviation Safety (Amendment) Regulations 2023. The regulations also reinstate two provisions erroneously removed by the Aviation Safety (Amendment) (EU Exit) Regulations 2020. These draft regulations were supported by the previous Government and were due to be laid in July this year. However, due to the general election, they were laid in October.

On the detail of the regulations, the draft regulations introduce the concept of fuel schemes for commercial air transport which requires fuel planning both pre and in-flight to ensure the minimum fuel level required for an aircraft to remain airborne and land safely, and provides greater flexibility for operators by moving these requirements to guidance published by the Civil Aviation Authority. It also clarifies the rules for helicopter fuel planning, including safety-related issues around refuelling with rotors running. The regulations also allow for the use of advanced technologies available to pilots, such as enhanced flight vision systems, when flying under low-visibility conditions, and improves existing mandatory crew training and checking requirements for air operators.

The draft regulations also correct errors arising from, and make further amendments to support those made by, the Aviation Safety (Amendment) Regulations 2023, which were made to implement international standards relating to safety management systems. Although the irregularities and inconsistencies in the regulations introduced by the errors have not caused a safety issue, the department acknowledges that the errors could impact the ease of use of the regulations by industry. The draft regulations therefore correct the errors to avoid any confusion that could lead to a safety issue in the future.

Turning to scrutiny from the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee, I am pleased to say the draft regulations were cleared by the Joint Committee. At the request of the Secondary Legislation Scrutiny Committee, a revised Explanatory Memorandum has been laid, which now includes a link to the Civil Aviation Authority’s consultation response document on all-weather operations, fuel planning and management.

Before turning to my closing comments, I bring attention to some minor typographical errors identified within the draft regulations since they were laid. A correction slip has been issued to amend these errors, and the corrections have been incorporated into the draft regulations.

We should continue to ensure that aviation remains among the safest forms of travel, as the safety of aviation and the travelling public is a priority to the Government. These draft regulations represent a further step in ensuring this remains the case. Some of the provisions in the draft regulations introduce new ways of using pre-existing technology, which are done with the aim of further improving aviation safety. They also correct errors to make certain the regulations are clear. Moreover, by upholding our commitments to implement international aviation safety law, we maintain not only high aviation safety standards but our reputation as a world leader in aviation safety. I beg to move.

[Lord Glenarthur (Con)]

My Lords, I am grateful to the Minister for his explanation of this fairly deep document and all that it contains. I should declare an interest because I have many years’ experience, both as a military helicopter pilot in the 1970s and 1980 and in the late 1970s and 1980s with British Airways Helicopters, as they were. I have been for many years involved with the British Helicopter Association. It used to be the British Helicopter Advisory Board, of which I was chairman—I forget for how long but for about 12 to 15 years—and I have been president of the association for about 14 years.

Can the Minister confirm that the BHA, the British Helicopter Association, was consulted on these matters? Can he also expand on what is in these regulations about the potential viability of point-in-space operations, which apply particularly to aircraft conducting emergency service work, often in the Highlands and Islands or out to sea? Because of the unavailability of the European satellite system—which we were able to use but, now we are out of the EU, we cannot—the facility and flexibility for helicopters, and no doubt other aircraft as well, to use these particular forms of approach is now put in peril. I know consideration has been given to this, but I very much hope that something can be done. One of the last points I should like to make is that the flexibility of the helicopter to undertake operations in that sort of way is unique. Those of us who have been involved with the emergency services and other areas would hate to see that diminished in any way, because science has moved on enormously since I became involved in it all in the late 1970s and early 1980s. I hope that the Minister can give some comfort to me on that.

--- Later in debate ---

[Lord Moylan (Con)]

My Lords, I shall be disappointingly brief. I thank the Minister for arranging a briefing with his officials, and I thank those officials for the time that they gave. Various pertinent questions have been raised in the course of this short debate, and I look forward to hearing the Minister answer them. I had one question that I raised with his officials, relating to the extent and effectiveness of the consultation exercise with the smaller operators in particular. I understand that, if the Minister is unable to give an answer to that this afternoon, his officials are preparing to give a written answer to that question later.

The previous Government prepared these regulations. At their heart is not a question about alignment of texts or legality but the question of safety in practice. We are all agreed that we want aviation to be, as the Minister said, one of the safest modes of travel. It has been for a very long time, and we want it to continue to be so. The Minister has assured us that these regulations represent a further step in ensuring safety in aviation and, on that basis, this side is more than happy to support them.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, I shall attempt to deal with the questions from noble Lords who have spoken. I will do my best, but some of them will have to be answered in writing, I am afraid. I shall answer in order.

The noble Lord, Lord Glenarthur, asked whether the British Helicopter Association had been consulted. An email went to all UK parties, plus the SkyWise notification for the consultation, and all interested parties had the opportunity to participate in the public consultation. As noble Lords can work out from that answer, I cannot say whether the British Helicopter Association replied, but I am happy to write to the noble Lord subsequently. I will come on to the EU satellite issue in a moment.

The noble Lord, Lord Kirkhope, asked about the shortage of facilities for training pilots. I will have to write to the noble Lord to state the position on that. He also asked about general aviation. I am assured that this is aimed at commercial operators. I will write to the noble Lord about whether we believe there is a gap and, if so, how it should be filled.

The noble Lord, Lord Young, asked principally about sustainable aviation fuels. We discussed the statutory instrument about sustainable aviation fuel with the noble Lord, Lord Moylan, only a few days ago. The Government intend it to be used as part of the airline industry’s move to net zero. My understanding is that sustainable aviation fuel is not made legal by these regulations but can already be used. I will write to him with pleasure to confirm that that is the case. The references to fuel or energy sources are about making sure that these regulations are fit for the future and for the alternative energy sources that might be used to fuel aeroplanes.

The noble Baroness, Lady Randerson, spoke about the grey area relating to the dreadful incident to which she referred. These regulations do not apply to what she described as the “grey area”. Again, if there is a case to write to her to say how that grey area is being addressed, I am happy to do so.

The noble Baroness also referred to issues about getting up to date. I am informed that we need to adhere to international standards and recommended practices and that we have not been aligned to the standards referred to in the draft regulations for between four and 12 years, that we filed differences against all of them with ICAO and that no risks to safety have arisen from that period of misalignment. However, UK operators were at a competitive disadvantage compared with EU member states because regulations similar to those in these draft regulations were implemented there in October 2022. This now brings us up to date.

I cannot deal with the issues that were raised about the EU satellite system, so I will write to the noble Baroness and the noble Lord about them.

Finally, the noble Baroness, Lady Randerson, asked whether this applies to aircraft not licensed in the UK. It does.

I welcome the recognition by the noble Lord, Lord Moylan, of the desirability of ensuring that our airline industry and aircraft are as safe as they can be. I am grateful to him for his assurance that he is as keen on that as we are.

I again thank all noble Lords for attending the debate and for their input. I will write to noble Lords who have raised questions that I cannot answer on this statutory instrument.

[Lord Moylan (Con)]

Will the Minister send copies of those letters to all of us who have participated in the debate?

[Lord Hendy of Richmond Hill (Lab)]

I thank the noble Lord for his interjection. Yes, I will do that.

I conclude by saying—as I already have, actually—that the safety of aviation and the travelling public is a priority for the Government. The department is committed to ensuring that aviation remains safe. As part of this, the draft regulations form part of an important legislative programme that implements international aviation safety standards in domestic law. The implementation of international law ensures that the UK remains a world leader in maintaining high aviation standards and meeting our international obligations.

Motion agreed.