Space Industry Bill [Lords]

Lord Johnson of Marylebone Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 6th February 2018 Commons Chamber

[Karl Turner]

The right hon. Gentleman makes an excellent point. I was about to say that I do not intend to divide the House on new clause 2, but I hope the Minister takes his point on board.

[The Minister of State, Department for Transport (Joseph Johnson)]

Like the hon. Members for Oxford West and Abingdon (Layla Moran) and for Glasgow North West (Carol Monaghan) and my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes), the Government want the UK to make the most of the opportunities that lie ahead. We want the UK to be a go-to place for scientists, innovators and tech investors in the years ahead. We intend to secure the right outcomes for the UK research base, including our space community, as we exit the European Union.

As hon. Members will remember, the agreement that successfully concluded phase 1 of the exit negotiations in December 2017 made it clear that, as part of the financial settlement, the UK will remain part of Horizon 2020 until at least the end of this budget period in December 2020. As part of the new deep and special relationship with the EU, recognising our shared interest in maintaining and strengthening research collaboration, the UK will seek an agreement that promotes science and innovation, including on space, across Europe now and in the future. We would welcome a specific agreement to continue collaborating with our European partners on major science, space research and technology initiatives, and we will be approaching the upcoming negotiations on that basis.

New clause 1 would require the Government to undertake an assessment. As Members will remember, the Secretary of State for Exiting the European Union provided the relevant Select Committees with reports on many sectors, including the space sector, on 27 November 2017. The space sector report contained a description of the sector, the current EU regulatory regime, the existing frameworks for facilitating trade, including between countries, and the sector views on it. Ministers have a specific responsibility, which Parliament has previously endorsed, not to release information that would undermine our negotiating position, and I know Members present understand that position.

On new clause 2, the Government’s September partnership paper set out our intent with regard to discussing options for future co-operation and partnership with the EU through the EU space programme. The Secretary of State for Exiting the European Union has given a clear undertaking to the House that he will keep the relevant Select Committees informed of progress in discussions with the EU Commission on EU exit matters. That commitment to openness needs to be balanced with the overriding national interest in preserving our negotiating position.

I recognise the interest of the hon. Member for Kingston upon Hull East (Karl Turner) in how our future relationship with the EU will help support the continued strong growth in the space sector—it is an interest the Government share—but I hope he will appreciate that we cannot enter into commitments to inform Parliament about the EU exit negotiations on a sector-by-sector basis, through various bits of legislation. In the light of that, I ask the hon. Member for Oxford West and Abingdon to withdraw new clause 1.

[Layla Moran]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New clause 3

Publication of regulations

‘(1) The Secretary of State must, within 12 months of this Act receiving Royal Assent, lay a report before Parliament setting out details of the regulations issued under this Act.

(2) The report in subsection (1) must include, but is not limited to, regulations that have effect for licences for—

(a) spaceports;

(b) launch operators;

(c) satellite operators; and

(d) range control operators.

(3) Before exercising their duties under subsection (1), the Secretary of State must consult the Scottish Government, the Welsh Government and the Northern Ireland Executive and have regard to their views in respect of any proposed regulations.

(4) As well as consulting those in subsection (3) the Secretary of State must consult with—

(a) UKspace, and

(b) any other such persons as the Secretary of State considers appropriate.” .—(Carol Monaghan.)

This new clause would require the Secretary of State to publish clear guidelines on the regulations issued under this Act.

Brought up, and read the First time.

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[Joseph Johnson]

I thank all hon. Members who have spoken to the measures tabled by the hon. Member for Central Ayrshire (Dr Whitford). In addition to new clause 3, she tabled new clause 4, which would introduce a mandatory requirement for the Government to lay a report before Parliament setting out their plans in relation to a cap on a licensee’s liabilities. The new clause would also mandate consultation with the devolved Administrations and UKspace, a trade association of the UK space industry. The Government have consistently listened to the industry’s concerns about liabilities, dating back to the early development of our policy by my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes), including with regard to the licensing of UK entities carrying out certain space activities and in the development of all the provisions in the Bill.

The Government are well aware that the main space launch nations, including France and the US, limit a launch operator’s liabilities in some form, which is why the Bill contains powers for certain liabilities to be capped in licence conditions by way of regulations. Having such powers enables the UK to compete on a level playing field and allows the Government to share the burden of liabilities with operators.

However, launch from the UK is a new activity, and we should cap a launch vehicle operator’s liability, and thereby confer contingent liability on the Government, only if there is clear evidence that that is necessary. It is therefore important that the Government are able first to gather such evidence. To do that, as has been highlighted in earlier stages of the passage of this Bill, we will undertake a call for evidence specifically on liability and insurance, and that will take place shortly after Royal Assent.

Alongside that, the UK Space Agency is already working on, and considering its approach towards, risk assessment, insurance and liability requirements for launch activities taking place from the UK. If, following that work and the call for evidence, a cap on the launch vehicle operator’s liability for launch activities taking place from the UK is deemed appropriate, a full consultation will take place, which will include the publication of Government proposals and draft regulations. As I have said, this will be an open and comprehensive consultation that will include the devolved Administrations. Any proposals outlined in such a consultation will be subject to compliance with relevant trading rules, whether they are EU state aid rules, or other rules applying after our exit from the European Union.

[Mr John Hayes]

It seems that the Minister has exceeded even my expectations. The big billing that I gave him was entirely justified, because he has addressed exactly the point that was made earlier: we need to know precisely what the circumstances are as launch facilities are developed. The combination of a call for evidence and a potential consultation seems to go a very, very long way towards what those who asked for further work on liability wanted to achieve. I am delighted to hear what he has said in his brief contribution.

[Joseph Johnson]

I thank my right hon. Friend for his support for the Government’s approach of gathering the evidence base in a call for evidence, and then, if necessary, holding a further consultation, particularly involving the devolved Administrations.

[Carol Monaghan]

Can the Minister offer any timeframe for the consultation and the ongoing process, because the industry would welcome that?

[Joseph Johnson]

The Government have committed to launch the call for evidence as soon as the Bill receives Royal Assent, which we hope will not be too long now. Should the evidence show that there is demand and a need for a liability cap of the kind that the hon. Lady has been describing, we will launch a formal consultation at that stage. That consultation will, properly, involve the devolved Administrations and others with interests in this matter.

Through amendment 4, the hon. Member for Kingston upon Hull East (Karl Turner) rightly raises the importance of the timely provision of guidance to applicants for spaceflight operator licences, and the benefits of pre-application discussions between prospective applicants and the regulator. The Government fully recognise that all potential licence applicants under the Bill—spaceports, satellite operators, range control service providers and spaceflight operators—will need to understand the regulations and processes with which they will need to comply. I hope that my earlier responses to the hon. Member for Glasgow North West (Carol Monaghan), who is speaking on behalf of the hon. Member for Central Ayrshire, have helped Members to understand the approach that we will be taking.

Pre-licence application discussions are already a key part of current Civil Aviation Authority and UK Space Agency licensing, and they will remain a central part of the process for licences under the Bill. Such discussions benefit prospective licence applicants and the regulator, because they help to build effective working relationships. The hon. Member for Kingston upon Hull East will be pleased to know that discussions of this sort are already under way with a number of interested companies.

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[Joseph Johnson]

I beg to move, That the Bill be now read the Third time.

The Space Industry Bill is a bold and important Bill that will ensure that the UK space sector is at the vanguard of the new commercial space age that is now under way. The UK has always been at the forefront of space discovery and technology. We were the third country to successfully operate a satellite and the sixth to launch a satellite into space on our own launch vehicle. We were a founding member of the European Space Agency and a key player in its most exciting and pioneering missions of science and discovery. We pioneered small, low-cost satellite technology that is revolutionising the global space economy, and we continue to develop technical and commercial innovations that will shape the global space economy for decades to come.

Accessing space is one area in which the UK has not yet had an opportunity to excel, as there has been no market to deliver the services on a truly commercial basis—that is until now. The UK today stands at the dawn of a new commercial space age. This presents us with a huge opportunity. Not only has the surge in small satellite launch demand created a global launch market that is forecast to be worth more than £10 billion over the next 10 years, but direct domestic access to space will reduce our dependency on foreign launch services, fix the fracture in the UK’s space value chain, enable the development of national expertise and employment opportunities and allow the UK to compete for commercial and strategic opportunities for decades to come.

It has been a great privilege to witness Members of both Houses being enthused and engaged by the Bill and its power to unlock the potential of an entire industry. The approach to the Bill in both Houses has been constructive, creative and collegiate. Indeed, in the best tradition of pioneering space missions, it has inspired collaboration, not contest, at all stages of development and debate. That is testament to the importance of our shared ambition.

I again pay tribute to my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes), who played such an important part in the development of the legislation. Is it any wonder that he is the Conservative MP with the highest vote share in the House? I express thanks to both Houses for well-informed debate, careful consideration and willing commitment to work quickly on this important enabling legislation. I also thank all the Committee members and those who have taken part in debates, including today’s.

Finally, I pay tribute to an example of true cross-Whitehall collaboration. The Department for Transport, the Department for Business, Energy and Industrial Strategy, the UK Space Agency, the Civil Aviation Authority and the Health and Safety Executive have all played an integral part in developing this important legislation.

We are at the dawn of a new commercial space age. Our scientists, engineers and entrepreneurs are ready to pursue this opportunity and to reach higher and farther than they ever have before. The Bill will equip them with the most modern space industry legislation anywhere on Earth and ensure that the UK remains at the forefront of the space economy for generations to come. I commend it to the House.