Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL]

Lord Katz Excerpts

Committee stage
Thursday 18th June 2026 Grand Committee

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

I meant to stand up at the start of the group, but the noble Lord, Lord Harper, was a little too quick on his feet. I just want to point out that we now have bang on an hour to finish the remaining groups, which I think that we can achieve, if we have concision in our remarks. That would be very helpful.

[Earl Russell (LD)]

My Lords, I note the comment just made. I welcome the probing amendment in the name of the noble Lord, Lord Harper. That is useful in the Bill, so I thank him for that.

I will speak to my Amendments 106 and 107. Together, they seek to form a coherent case for environmental accountability in the regulation of civil aviation. Amendment 106 asks the Secretary of State within 12 months of the Act passing to lay before Parliament a report assessing its impact on passenger information, on low-carbon travel choices and on emissions from civil aviation. The Bill contains important consumer protection measures, but a consumer framework is only as good as the information that it generates and the behaviour that it manages to change. The amendment asks a simple question: once the Act is on the statute book, how is it actually working?

My amendment calls for a report, which must address four things. First, it must address whether consumers are receiving clear and consistent information about the carbon emissions associated with their flights. Currently, there is no standard for presenting that, and the report would help to establish whether the Act drives progress. Secondly, it must address whether consumers are genuinely comparing aviation and rail options at the point of decision. At present, they largely cannot and booking platforms are entirely siloed. The integrated comparison of journey time door to door, total price and carbon footprint and the whole booking simplicity just barely exist for people who want to be able to do that. For short-haul routes, where rail is a credible alternative, this is a serious market failure. Thirdly, and relatedly, it must address whether consumer awareness of lower-carbon alternatives to short-haul flights has improved. Evidence from France and Sweden shows that better information helps to shift consumer behaviour. Fourthly, it must address the overall emissions trajectory of civil aviation, which, as we know, is one of the most difficult to decarbonise. Demand management, through better information, has an unavoidable role to play while sustainable aviation fuels and zero-emissions flight technology continue to mature.

The amendment would also require consultation with aviation, rail and consumer representatives. It would require the report to include recommendations, not merely descriptions. If the Act is working, the report will say so. If not, Parliament will have the information that it needs to act.

Amendment 107 addresses a related but distinct gap: the absence of any statutory environmental duty on the Civil Aviation Authority itself, particularly in relation to the new powers in the Bill. The duty that I am seeking is deliberately light touch. The amendment says that the CAA “must have regard to”. It does not override safety, does not prescribe outcomes and leaves the CAA to weigh its environmental responsibilities against its other functions. It would simply require those commitments to be present when decisions are made.

Three specific matters in subsection (2) are carefully drawn out: reducing greenhouse gases and other environmental impacts; supporting biodiversity and natural environment, consistent with the framework in the Environment Act 2021; and improving resilience in the aviation sector to the physical effects of our warming and changing climate. This would be in the form of an annual report, which would also be published to Parliament. It might be that the amendment is clunky and not acceptable because of how I have drafted it. I am more than happy to work with the Minister between now and Report. If there is a form of wording that could capture some of this in a better way, I am more than happy to discuss it.

Finally, I will speak to Amendment 115 in the name of noble Baroness, Lady Bennett of Manor Castle. This amendment is straightforward in its purpose. It seeks to insert a new clause requiring the Secretary of State to make regulations by statutory instrument to reduce carbon emissions from private aviation. These regulations could impose restrictions on private aircraft operations, impose changes on private aircraft movements, prohibit specific categories of movements and make different provisions for different classes of aircraft. This instrument would be subject to the negative procedure.

We have not talked about private aviation yet, but it is important. There is a compelling case here. Private jet movements in the United Kingdom have grown by over 40% since 2020. The carbon emissions per passenger of a private jet are on average five to 14 times higher than those of a commercial flight, yet private aviation sits entirely outside the consumer and environmental framework that this Bill seeks to create. That is a significant gap. The vast majority of private aviation growth is coming from short-haul flights and private aviation is a big part of that. It is in precisely these segments where we have the strongest leverage to change consumer action.

We cannot meet our obligations under the Climate Change Act, as have heard, without using some of those levers. Short-haul flights and private aviation are two of the matters that we need to move the dial on. On these Benches, we have considerable sympathy for the principles contained in this amendment and I welcome the challenge. However, I am not fully supportive of the drafting. The powers in subsection (2) of the new clause are substantial. They are broad, restrictive changes prohibiting entire categories of movements, yet subsection (3) subjects them only to the negative procedure. For powers of this reach, the affirmative procedure would provide more appropriate parliamentary scrutiny. We would welcome a clearer policy framework sitting behind the regulation-making powers, rather than leaving it entirely to ministerial direction.

To conclude, I hope that the Minister can tell the Committee what assessment the Government have made of private aviation emissions and whether a levy, perhaps proportionally hypothecated towards sustainable aviation, has been considered alongside perhaps a restrictions-based approach. How do the Government plan to regulate that sector, considering that it is not mentioned in the Bill?