Air Traffic Management and Unmanned Aircraft Act 2021 (Airspace Change Directions) (Determination of Turnover for Penalties) Regulations 2022

Debate between Lord Lancaster of Kimbolton and Lord Naseby

Thursday 13th January 2022 Grand Committee

[Lord Lancaster of Kimbolton (Con)]

I am grateful to be able to contribute to the debate on this statutory instrument, and I shall be very brief. I note that this is the first use of the power in paragraph 12 of Schedule 2 to the Act, and I simply want to ask my noble friend a couple of questions.

First, could my noble friend give some examples as to why it is felt necessary to bring this forward now, since this is the first use of the power in the Act? Equally, I listened carefully to what she said, and she said that the power would be used only in extremis, but I am not clear how the rate of fine will actually be applied. She talked about it being proportionate, but proportionate to what? Who will decide what that proportionality is? Crucially, what will be the appeal process for any fine that is imposed?

My real concern is about the relationship with the Ministry of Defence, and I would be grateful if my noble friend could outline that relationship. Clearly, the MoD operates a number of airfields across the United Kingdom, most of which happen to be out of the main flight paths in Lincolnshire, but of course some are not—such as RAF Northolt in London. As the CAA moves forward with the Airspace Modernisation Strategy, can she outline what the relationship with the MoD will be in the implementation of that strategy? Crucially, what will be the resolution process if there is a disagreement with the MoD about the implementation of that modernisation strategy?

[Lord Naseby (Con)]

My Lords, I welcome very much this SI today. By way of background, I have had the privilege of reading the CAA publication Airspace Modernisation Strategy, and I have had the chance to look at the Airspace Change Organising Group’s work so far. From my background as a former pilot in the RAF who takes an interest in aviation, my stance is that I certainly do not accept the view put forward as a result of COP 26 that aviation is in decline mode; I think that aviation is absolutely fundamental to the future success of our country and our economy. I welcome enormously the work that the CAA is doing alongside the department involved, because it is absolutely vital for our exports trade and for internal trade that we use to the maximum possible the airspace that is available.

Having said that, I have just a couple of short questions. One of our previous problems, particularly with unmanned aircraft—in other words, drones—was that people claimed that there was not proper awareness, the publicity was not adequate and somehow or other they had missed out on this, that and the other. Given the nature of these penalties, which are absolutely justifiable, we need to take particular care to ensure that there is proper publicity in depth and to check, by way of research, that people are aware of the changes being made.

Other than that, I just ask my noble friend, because I do not quite understand, why, according to paragraph 7.4,

“Public consultation on some of the airspace change proposals is likely to commence in 2022.”


From reading the material I referred to, it is a package in toto, so I am not quite sure how you can regulate just a section of the airspace—unless it is felt that you can do Scotland, Wales or Northern Ireland separately. I am not quite clear why it should be just “some”, as opposed to a complete package. I look forward to my noble friend’s responses.