Air Traffic Management and Unmanned Aircraft Bill [HL]

Debate between Lord Kirkhope of Harrogate and Lord Tunnicliffe

Committee stage & Committee: 1st sitting (Hansard): House of Lords & Committee: 1st sitting (Hansard)
Monday 10th February 2020 Lords Chamber

[Lord Kirkhope of Harrogate (Con)]

My Lords, I disagree with Amendment 2 because narrowing the Secretary of State’s powers would not be desirable. I know that the powers under discussion relate directly to the modernisation programme, but they should be maintained permanently regarding the control of airspace. The CAA is not a good place for these matters to dwell, particularly as the Secretary of State is of course accountable to Parliament—so there is a way in which the Secretary of State can be challenged, which is rather more democratic and relevant than a narrowing of the powers. We do not want a shift in the balance of power from the Secretary of State to the CAA. That point goes for Amendments 2, 3, 8 and 9.

Amendment 4 refers to a consultation process and appeals. As we know, there was a very effective Aviation 2050 Green Paper last year, which was a mammoth consultation. The consultation here proposed might duplicate the effort that has just gone in and could be a waste of resources. Aviation interests would be consulted in any event, but I am not sure that an initial consultation, as envisaged here, would be helpful.

Some airfields are obviously commercially able to find the resources to be involved, but some are not. It is, therefore, important that smaller airfields are looked after. Amendment 6, which would ensure that smaller airports have appropriate funding, is important and should be supported. Amendment 7 would allow a system of compensation to be set up, to cover the cost of airports being compelled to make changes. That seems reasonable, as airports are commercial entities.

[Lord Tunnicliffe (Lab)]

My Lords, for the convenience of the House, I draw attention to the penultimate line on the front page of today’s list, which states that the target for the day is to complete Amendment 23. That means that we are not going to do drones today. No Member has moved from their seat; never mind.

The essence of this group of amendments, with which I broadly agree, is to prevent mission creep. Having sat on the Front Bench opposite, I recall that whenever you create a right for the Government to do something or other, civil servants will creep up to you and say: “Make sure it is not restricted, because you might need it.” I fear that, far too often, they do.

The Minister wrote to me and several other noble Lords. On the second page of her letter, under the heading “Proportionality”, her second sentence states:

“It is the government’s intention that, at least initially, the powers to direct in clauses 2 and 3 would only be used by the Secretary of State in relation to ACPs that have been identified within the airspace change masterplan, currently being developed by NERL through the Airspace Change Organising Group (ACOG) with a view to incorporation of the masterplan into the CAA’s airspace strategy”.


I read the whole sentence for the avoidance of doubt. The words that sprung out at me are, “at least initially”. Further on in the letter, the Minister seeks to soften those words with a series of intentions. However, intentions are not law: they are the words of the Minister. If she repeats those words into Hansard they become a little more useful. Nevertheless, there is a serious issue with that part of the Bill ending up in mission creep. There are so many things for which the CAA or the Government might wish to use these powers.

I share the view that the task in front of those who are trying to deliver the programme is such that consultation—ideally on the face of the Bill, as put forward by Amendment 4—would be useful. It would certainly be useful to hear the extent to which the Minister can assure the House about consultation. On the appeals procedure, I refer again to the noble Baroness’s extremely useful letter, in which she says:

“There is no formal appeals process against an ACAA decision relating to individual ACPs. CAP1616 is a fully transparent process in which consultation and engagement exercises are run throughout.”


With the greatest respect, a consultation and engagement exercise is not an appeal. Because of the extent to which this process is entirely within the CAA’s ambit, one can see a situation where, without some hook in primary legislation, small fish in this sea could find themselves swamped. A formal appeals procedure somewhere in the Bill might usefully add to it. I hope that the Minister will be able to react to those ideas.

--- Later in debate ---

[Lord Tunnicliffe]

My Lords, the amendment would require publication of a report on aviation emissions. Although this information is already available, the report would ensure that it was presented in such a way as to comply with the Aarhus convention, which considers steps to reduce emissions.

According to the Government, the Bill will enable sustainable growth in air travel. In light of climate change, there is of course a debate as to whether it is right for the Government to increase air travel—or, at least, whether they should explain how they will ensure that growth is sustainable and how they intend to offset emissions. The Government should make emissions information readily available and allow for greater accountability over their policies to reduce them.

A key section of the Aarhus convention is about access to information,

“the right of everyone to receive environmental information that is held by public authorities … This can include information on the state of the environment, but also on policies or measures taken, or on the state of human health and safety where this can be affected by the state of the environment. Applicants are entitled to obtain this information within one month of the request and without having to say why they require it. In addition, public authorities are obliged, under the Convention, to actively disseminate environmental information in their possession.”

I beg to move.

[Lord Kirkhope of Harrogate]

My Lords, why do the proponents of the amendment believe that this is the right legislative location for it? Perhaps I am missing something, but should it not be looked at as part of the Environment Bill that will come before us in due course or in some other capacity, rather than in the tight confines of what we are debating today? With great respect, I do not think that the noble Lord has explained precisely where it fits into these proposals.

[Lord Tunnicliffe]

I apologise for that. I just feel that the issue of the environment is so important that one should take every reasonable opportunity to raise it. One area where we all know that environmental information about emissions in this country is deficient is the acknowledgment of aviation and maritime impacts. This is clearly an aviation Bill, so it is reasonable to make the inquiry at this point.