Space Industry Bill [HL]

Lord Moynihan Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 16th October 2017 Lords Chamber

[Lord Willetts (Con)]

My Lords, I thank the noble Lord, Lord McNally, for his kind remarks. I declare an interest as a member of the boards of Surrey Satellites, a space company, and of Sirius, a space security company. The noble Lord raised an important question. When talking about science innovation it is very hard to be absolutely confident about what the exact scale of monetary benefits to the British economy might be. However, we have a particular geographical advantage. If one is trying to launch satellites into polar orbit, launching over an ocean at a good angle is very attractive for many companies. With the Irish Sea and, even more importantly, in Scotland, we have the opportunity for spaceports that could be a good location for vertically launching satellites into polar orbit.

There is now a very lively race going on between several possible locations for spaceports. Norway is planning one and the Azores are working on one to launch satellites out over the Atlantic. I strongly support the Bill because it provides the possibility of the UK entering that competition early with, apparently, a range of candidates in other locations as well as the north of Scotland. From the Back Benches, I assure the House that there is an enormous opportunity here. There is currently no major spaceport functioning in Europe that enables space launches to take place over the ocean. It could well be that, as a result of this excellent Bill, the UK has an opportunity to take the lead in that.

[Lord Moynihan (Con)]

My Lords, I declare my interest, which I declared at Second Reading, of living in sight of Prestwick Airport. I am a great protagonist for the interests of that airport. The comments that have been made are extremely important: we need to get a first-move advantage in western Europe. This is a highly competitive market and we have a real opportunity to put our significant skills base into effect in ensuring that we have early recognition and licensing of spaceports in the UK. There should be two. However you look at the spaceport option, there will always be the weather challenge. While Prestwick happens to have an outstanding microclimate and is highly suited to being the first spaceport with its nearly three-kilometre runway and a launch direction out over the north Atlantic, as my noble friend has just said—particularly for the launch of satellites, which is a very important part of this—the Government would be wise to look at licensing two spaceports in the first instance, not least because of the weather implications.

In response to the noble Lord, Lord McNally, it is gratifying to see an all-party approach being taken to this issue, both locally and nationally. In the context of Ayrshire and Scotland, not only have the Scottish and British Governments done a lot of very good work, but so have MPs from across the spectrum, such as Bill Grant and Philippa Whitford, and my noble friend Lady Ford, who was very active on this issue during the summer, as well as council leaders of all parties. It is important that they all recognise the benefits of spaceports and of the industrial opportunities around licensing them, as well as of outreaches in terms of employment opportunities and the links to schools and encouraging young people in the vicinity to study science. In Ayrshire, there is heavy unemployment in some of those areas. This would be an inspirational opportunity for young people to study the sciences and related industries. As I say, the advantage of making the first move is critical in the international global market and there are real benefits to local communities where the first spaceports are likely to be licensed.

[Lord Callanan]

I shall take that last point first and thank my noble friend Lord Moynihan for his support. It is unusual for someone who lives near an airport to want to see an expansion of opportunities for it. He will understand that, as aviation Minister, my postbag is normally filled with correspondence from people living near airports who seek to halt whatever goes on at those airports, so I welcome his support.

This amendment raises the impact of the Bill on the UK economy and seeks to provide some degree of assurance through the annual laying in Parliament of an assessment of the monetary benefits. Noble Lords are right to draw attention to the economic opportunity the Bill represents, the need to evaluate the market effectively and how we measure the benefits it will enable. As noble Lords know, the UK space sector is a British success story, a growing sector which continues to pioneer new technologies from satellites and instruments to new applications and services. The one area where our space sector cannot prosper is launch. The Bill will allow us to do just that. This legislation will create a safe and supportive regulatory environment for small satellite launch and suborbital flight in the UK. I am confident that the UK will attract companies and investment. Only last Friday, I met stakeholders to discuss the Bill and the wider space sector. I heard an awful lot of positivity about the Bill and the future demand for launch activities.

Earlier this year, the Government announced a call for industry proposals to establish a launch capability in the UK. This resulted in 26 proposals for grant funding from bidders wanting to establish spaceports around the UK, along with operators from the UK, Europe and the US. Through this approach we have demonstrated a strong interest in spaceflight activities in the UK from right across the country.

On evaluating the importance of the sector to the UK, the UK Space Agency and its partners conduct regular economic evaluation. The majority of these assessments are publicly available and published online. This includes a biannual size and health survey of the UK space industry. The emerging market for spaceflight in the UK will be included in future versions of this industry-wide evaluation and will be made publicly available, as it is now.

The amendment would require a report to include details of companies that have expressed an interest in carrying out spaceflight activities. Details of the companies that have approached government are largely commercial and in confidence. I am sure noble Lords will agree that it would not be appropriate for government to report on these engagements or on these companies’ plans.

With regard to the economic opportunity for the UK, global small satellite launch and servicing could exceed £25 billion in revenue over 20 years, with an untapped European regional market potentially worth around one-third of this £25 billion. Nowhere in the world is this market fully exploited by a sustainable commercial offering. In addition, suborbital launch creates new opportunities for UK science by giving British scientists access to the unique environment of microgravity, as well as training, tourism and supply chain opportunities.

I understand the intention behind the amendment. However, I hope noble Lords will agree that we already engage extensively with industry to develop our plans and continue to conduct assessments to ensure we are making effective decisions. It would not be appropriate to duplicate information already collated and published in the public domain or to disclose information provided in commercial confidence to public bodies. I therefore hope the noble Lord will withdraw Amendment 2.

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Moved by

[Lord Moynihan]

4: Clause 3, page 3, line 16, leave out “spaceflight activities” and insert “a specific spaceflight mission or class of missions”

[Lord Moynihan]

My Lords, I rise to make a short probing amendment. Before I do, may I say how much I appreciated the excellent speech by the noble Baroness, Lady Randerson? I want to comment that in Ayrshire, we have none of the problems that she perceives exist in Cornwall, nor indeed in Wales. We have a tough and comprehensive security arrangement that surrounds and includes our airport. On the contrary to the noble Baroness’s concerns about tourism, I think spaceports will increase tourism. In fact, we envisage a visitor centre near the airport because there would be real interest in the adopted and adapted 747s that will be necessary for a lot of the satellite launches, not just from people involved in aviation but from the local community. After all, when it comes to security and noise, many residents of south Ayrshire have experienced Concorde in training many years ago and many military activities at present. The rare launch of these aircraft—we are not talking about a daily basis in this Bill and rarely on a weekly basis—will be of a frequency much less than the general public perceive and the noise associated with horizontal take-offs will be de minimis. Indeed, Prestwick is applying for only a horizontal licence. I make that comment in passing as I am sure my noble friend the Minister is aware of how ready Prestwick Airport is to move on this and how it would like to accelerate the licensing powers in this Bill so as not to lose competitive advantage.

My amendment is rather more specific, but nevertheless very relevant to the comments of the noble Baroness, Lady Randerson, on bringing relevant aircraft parts to the spaceport. At the moment, as I read it, an operator licence means a licence under the clause,

“authorising a person to carry out spaceflight activities”.

It is the word “activities” that I have an element of concern with. This could involve companies involved in R&D relating to spaceflight activities, or bringing relevant aircraft parts and those companies involved in doing that. I am sure the intention is not to have a licence for all those activities. It is my suggestion to the Minister that as currently drafted that may be too wide. My probing amendment is simply to delete “spaceflight activities”, and insert,

“a specific spaceflight mission or class of missions”,

which is what I understand to be the Government’s objective in awarding operator licences. I hope I have been incredibly helpful to my noble friend the Minister, who will be able immediately to accept this constructive and reasonable amendment. I beg to move.

[Lord Callanan]

I pay tribute to my noble friend’s enthusiastic promotion of his local airfield. I am sure his comments have not gone unnoticed. I have certainly taken them on board.

The fundamental purpose of Clause 3 is to prohibit the carrying out of spaceflight activities or the operation of a spaceport in the UK without a licence. Launch from the UK is a new activity and we envisage that launch vehicles will be licensed on a per-launch basis, but the Bill allows for the licensing of a launch vehicle for a number of launches if that is deemed appropriate.

The amendment tabled by my noble friend raises an interesting issue pertinent to the future growth of the space sector—namely, the challenge of licensing classes of satellite together, as opposed to licensing each satellite separately. This is particularly relevant for so-called mega-constellations, comprising a great number of satellites working in concert.

The current licensing regime under the Outer Space Act already allows us to license a constellation of satellites that can be described broadly as multiple satellites of similar or identical design under the control of a single operator and which work together to deliver a single service. The definition of “operator licence” in the Bill is also wide enough to allow for the licensing of a constellation of satellites. Of course, while the Bill is designed to cover all types and classes of mission, a licence will be granted only if the regulator is satisfied that a licensee has met all necessary requirements, most notably those relating to safety.

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[Lord Callanan]

I shall first address the noble Lord’s question. It is considered that the activity of operating a spaceport will not qualify for an exemption as the activities that will take place from the spaceport will have safety implications, for example, the storage of hazardous materials, the launching of spacecraft et cetera.

I shall give the noble Lord a few more details on the kind of exemptions that we are considering under these clauses. These exemptions are based on similar exemptions contained in Section 3(2) of the Outer Space Act 1986. The first exemption in Clause 4(1) is for situations under the UN space treaties where the UK and another state are jointly liable for a space activity. This provision allows the UK and the other state to allocate responsibility for regulation, supervision and monitoring activities between themselves. This exemption would be made by way of an Order in Council. The second exemption provides that activities or persons can be exempt from the requirement to hold an operator licence if the activity does not give rise to safety concerns or invoke the international obligations of the UK. There is also an exemption in Clause 7(4) that regulations may exempt persons or services from the requirement to hold a range control licence if the activity does not give rise to safety concerns or invoke the international obligations of the UK.

The terms “operating a space object” and “operating a spacecraft” in the Bill are drafted to be intentionally wide. Although this is useful and necessary to capture all activities for which a UK liability might arise under the UN liability convention, certain activities could be captured where there are no safety or security implications and the state liability is already indemnified by someone else. In such a case, a licence might not be necessary and could be overburdensome on industry. Clause 4 therefore provides for exemptions in these circumstances.

I shall give some examples of activities that could be exempted from licence requirements. The Bill provides that persons engaging spaceflight activities and range control services can qualify to be exempt from the requirement to hold a licence. Some aspects of manned suborbital activities could qualify for an exemption. However, the exemption under Clauses 4(2) and 7(4) will apply only in cases where the activity does not give rise to concerns for public safety or the safety of those involved in the activity. If there were any concerns that the activity would put people’s safety at risk, then it would not qualify for an exemption. To qualify for an exemption under Clause 4(1), another country would be required to take on all the international obligations of the UK. I hope that my response satisfies the noble Lord’s concerns.

[Lord Moynihan]

My Lords, I am very grateful to the Minister for his response and for the intervention from my noble friend, who is exactly right. My concern was not the distinction between a specific spaceflight mission or a cluster of missions—as important as that is, which my noble friend the Minister addressed—but the use of “activities” in the legislation, which seems to go far wider than is intended in the context of issuing licences. It can mean anything from training programmes to a visitor centre, or any activity which is related to the operation of the spaceport. I note that in response to my noble friend, the Minister said that he recognised there might an issue here and that he was prepared to go away and think about it. I would be grateful if he would, because the wording here could be improved to allay any concerns about the breadth of the activities that he has in mind for the issuing of operator licences. In the spirit of his response, I beg leave to withdraw my amendment.

Amendment 4 withdrawn.

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Moved by

[Lord Moynihan]

5: Clause 7, page 6, line 39, after “guidance” insert “in regulations”

[Lord Moynihan]

My Lords, in moving Amendment 5 I will also address Amendments 6, 9, 10, 25 to 28, 30 and 31. First, I declare an interest. I am a member of the Delegated Powers and Regulatory Reform Committee, which I hope has contributed constructively to the drafting of the Bill and to briefing the House on a number of issues relating to it. The comments I wish to make are strictly personal and the position taken by that committee is before the House in any event.

The House may recall that the House of Commons Science and Technology Committee examined the draft Spaceflight Bill towards the end of the last Parliament and invited the views of the Delegated Powers and Regulatory Reform Committee. Given the importance and intrusiveness of many of the Bill’s provisions, the Delegated Powers and Regulatory Reform Committee recommended that some delegated powers be removed altogether and that others should be subject to the affirmative rather than the negative procedure. I personally place on record that I believe that the Government have taken on board many of that committee’s recommendations. The number of regulations subject to the affirmative procedure has increased from four to 13, and two objectionable Henry VIII powers have been removed altogether—I say objectionable because they included one that allowed the regulator to dispense spaceport operators from any statutory requirement in any Act of Parliament, without any parliamentary procedure whatever. The Government have perhaps implicitly acknowledged the argument that a regulator’s job is to regulate compliance with the law and not to dispense the need for compliance with it.

Several provisions in the Bill allow the Secretary of State and the regulator to issue guidance, and I will concentrate for a moment on this word “guidance”. No parliamentary procedure attaches to the issuing of such guidance. The Government justify this on the ground that the guidance is intended to be user friendly, be detailed and aid policy implementation by supplementing regulations, rather than intended to substitute any legislative provision. My view is that where someone must have regard to guidance, or indeed must follow it, the guidance has legal significance—meaning in turn that some parliamentary procedure is appropriate, typically negative-procedure regulations. The fact that the Government say the guidance is designed to supplement regulations—in other words, add to the law—also suggests that some parliamentary procedure should attach.

In Clause 67 there is an increase in the number of regulations subject to the affirmative procedure, from four to 13. However, this is not quite the whole story. Of these 13 affirmative sets of regulations, five contain what the Government have called a compromise. In other words, the first set of regulations made under the powers in question have to be affirmative but subsequent regulations are only negative. This is unquestionably an advance on the position taken in the draft Spaceflight Bill, but it invites several comments. The technique could be open to abuse. The first set of regulations, the affirmative ones requiring debates in both Houses, might only be skeletal. The subsequent regulations might provide all the real substance but they would merely be subject to the negative procedure. I am certainly not suggesting that the Government intend to adopt such a ruse, but I hope the House will judge delegated powers not merely on how the present Government propose to use them but on how any hypothetical Government might be able to use them in future.

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[Baroness Sugg (Con)]

I thank my noble friend for allowing me the opportunity to explain the Government’s approach to statutory guidance under the Bill. I also thank him for his work on this Bill and for his role in the Delegated Powers and Regulatory Reform Committee. As he said, the Government have taken on board many of the recommendations of that committee, following its scrutiny.

The purpose of guidance is to aid policy implementation by supplementing the legal framework. It is not intended to circumvent this legal framework set out in primary or secondary legislation. The main benefit of the guidance is the flexibility to amend quickly and take account of changing events. For example, recently with Monarch Airlines, the CAA had to provide extensive guidance about passenger consumer rights under the ATOL scheme. This included what protections there were for consumers and how they could go about making an ATOL claim. This guidance had to be produced very quickly to support those impacted by the airline’s failure, and it is a clear demonstration of the flexibility of having guidance not made in regulations.

I should add that the approach we are taking under the Bill is consistent with that in aviation. Various standards, technical information and information regarding best practice can change annually. It would be difficult to keep up with changes if the guidance had to be approved by Parliament every year. There are parallels, too, with the approach taken on health and safety and other technical sectors. For example, in the nuclear sector, guidance sets out how people can comply with the requirements imposed by the Nuclear Installations Act 1965.

I assure noble Lords that the Government’s approach to the statutory guidance will be transparent. The initial sets of statutory guidance will be consulted on to allow scrutiny and comments from anyone with an interest. Where the guidance relates to regulations we will consult on it at the same time as consulting on the draft statutory instruments. Perhaps it might be helpful, in response to the questions from my noble friends Lord Moynihan and Lady Neville-Rolfe, if I set out what we believe the split to be between the regulations and the guidance under the Bill. There may be matters on which the regulator does not wish to prescribe a particular way of working but wishes to help operators with guidance. For example, in relation to safety assessments, the regulator will be primarily interested in the outcomes rather than prescribing specific processes or methodologies. That is in line with best practice in health and safety where regulations will set out what must be taken into account and the requirements to be met in carrying out a risk assessment. Guidance will recommend a certain approach to carrying out that risk assessment.

The noble Lord, Lord Rosser, raises the point around the DPRRC recommendation on Clause 9. As I have already mentioned, the purpose of the guidance is to support the implementation. The recommendation in this case focuses on the need for parliamentary scrutiny of guidance given by the Secretary of State to the regulator. We believe that we need the flexibility for guidance to the regulator as well as for guidance to other persons. In aviation, for example, the CAA is required to take account of the guidance on environmental objects when carrying out its air navigation functions.

As my right honourable friend in the other place John Hayes said in his letter in response to the Committee, the initial guidance on this clause will be subject to a full consultation to enable scrutiny and comment from all those with an interest. Obviously this is an area of considerable interest in the Chamber, and we will certainly reflect on all the points made today. Given these assurances, I ask my noble friend to withdraw Amendment 5.

[Lord Moynihan]

I am very grateful to my noble friend for her response. She cites the case of Monarch and passenger and consumer rights in the guidance. Of course, that had legal significance. The point that I am making here is that, given the way in which the Bill is drafted, there are some areas where there is no legal significance behind the guidance. Indeed, it is very interesting that some of the provisions allow the Secretary of State or the regulator to issue guidance but do not require the recipient to have regard to the guidance at all. I cite Clauses 7(7), 17(3), 18(3) and 22(3) in that context.

Given my noble friend’s very helpful response, it would be worth just taking this away and making sure that the appropriate scrutiny by both Chambers is in place, and that the argument for guidance to have legal significance is taken into account, particularly in the context of her example about the demise of Monarch Airlines. She makes the very important point, as was made from the Liberal Democrat Benches, that safety methodologies are not what is being looked for; rather, it is safety outcomes, because safety cases are critical. I well recall, as Energy Minister in another place, that being the key point made in the Cullen report following the horrific Piper Alpha disaster in the North Sea. We are not looking here for detailed methodologies to be placed on the face of the Bill. Where safety is a matter of concern, we are looking for the appropriate scrutiny by both Houses to ensure that the guidance given has legal significance and that there is an appropriate parliamentary procedure in place to consider the proposals made by either the Secretary of State or the regulator.

My noble friend said that she would have a good look at this, which I appreciate. She will have heard the support from across the House to ensure that this was appropriately reflected in the Bill. With that in mind at this stage of the Bill’s proceedings, I beg leave to withdraw the amendment.

Amendment 5 withdrawn.

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[Lord Moynihan]

My noble friend just informed the Committee that, particularly in the context of Clause 33(5) and (6), the Government are as yet unclear whether capping would be appropriate and, if so, in what circumstances. I hope there will be further clarity on that question before we make progress on the Bill, because although the Government may be uncertain, the industry is absolutely sure that to be competitive, early clarity on the Government’s policy of capping will be very important. If we are not to have a capping policy, then, to be frank, the Bill will never permit the growth of what will be a critical industry in this country, in which we need to be internationally competitive against other countries that have recognised that a cap, in the context of Clauses 33 and 34, will be vital.

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Moved by

[Lord Moynihan]

19: Clause 12, page 9, line 44, at end insert—
“( ) The regulator must sign a Memorandum of Understanding with the European Aviation Safety Agency (EASA) and the CAA confirming the conditions under which spaceflight would cease to be deemed experimental and would be considered commercial.”

[Lord Moynihan]

My Lords, before I speak to Amendment 19, for the sake of the record I shall say that the noble Lord, Lord Tunnicliffe, has on two occasions referred to Glasgow as a possible site for a tragedy as a consequence of a spacecraft crashing. I wish to make it absolutely clear for the record that the proposal in the Prestwick application is to head north-west, straight out to sea. The sea is no more than two miles from the end of a three-kilometre runway. Prestwick Airport would be applying for a licence, not Glasgow Airport.

That said, I am sure the noble Lord, Lord Tunnicliffe, will support what I am going to argue on behalf of the European Aviation Safety Agency’s relationship to us in the UK. The House of Commons Science and Technology Committee argued that it is not clear whether the new regulatory framework proposed by the Government would apply to commercial spaceflight operations or whether they would be subject to European Aviation Safety Agency regulation. The Government have argued that the European Aviation Safety Agency’s exemption of experimental aircraft from its regulations means that spaceplanes are not subject to EASA regulations and would therefore come under the provisions of the Bill we are considering.

The Science and Technology Committee argued, however, that it was not clear whether this exemption would be sufficient, particularly if spaceplanes were deemed to be operating on a commercial rather than an experimental basis. The committee recommended that the UK seek to establish a memorandum of understanding with the EASA to clarify the point.

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[Lord Callanan]

I thank my noble friend for making an important point and for tabling this amendment on what is an interesting subject. I start by assuring him that the Government have had a very constructive discussion with the European Aviation Safety Agency on our proposals to regulate suborbital spaceplanes in the UK.

The outcome of this dialogue has resulted in mutual agreement that suborbital spaceplanes are considered to be aircraft and therefore EU aviation legislation should apply to them. EU Regulation 216/2008, known as the EASA basic regulation, exempts from its scope those,

“aircraft specifically designed or modified for research, experimental or scientific purposes, and likely to be produced in very limited numbers”.

In discussions about revising the text of the EASA basic regulation, the European Commission agreed that, while spaceplanes are in the developmental stage, spaceplane operations would continue to fall under this exemption. The context of the assurance was that member states should be able to legislate for commercial suborbital spaceplane operations that launch and return to the same spaceport now, before the EASA has had time to make EU-wide rules. The Commission has also confirmed that neither commercial use nor having paying passengers in itself precludes a spaceplane from falling within the exemption.

The UK recognises—we are in agreement with the EASA on this point—that as soon as the suborbital operation starts and finishes in two separate locations, it may be considered to be public transport and subject to the full weight of European aviation rules. Although the Government’s intention is to continue to work closely with the EASA whatever the outcome of EU negotiations, we need to ensure that in doing so the UK retains a degree of flexibility to develop its own regulatory framework, drawing on the best practice from those states that already conduct commercial launches, such as the US and India, as well as from other European states.

Currently there are no European-wide regulations for spaceplanes and spaceports. We are leading by example by creating this comprehensive regulatory framework in the UK. This should have considerable business benefit for the UK. But this will also benefit the EU, and the EASA recognises that this will help inform the development of any future European regulatory framework. The Government have agreed with the EASA to work with other European states to develop common principles for regulation for suborbital operations. However, in doing so, the Government will ensure that the UK is not put in a position, as a result of any change in our future relationship with the EASA, where the EASA is handed too much control, or worse a veto, over the development of the UK space sector.

I hope I have provided the reassurance that my noble friend is looking for and that in the light of that he feels able to withdraw his amendment.

[Lord Moynihan]

That was an outstanding and exceptionally helpful answer from my noble friend on this important subject. As long as the mutual agreement has been documented in the way that he has suggested, I am completely happy to withdraw the amendment. His assessment of the current position of our relationship with the EASA was exceptionally helpful to the House, and I thank him for it.

Amendment 19 withdrawn.

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Moved by

[Lord Moynihan]

29: Schedule 4, page 53, line 38, at end insert “including through the use of drones,”

[Lord Moynihan]

My Lords, this amendment relates to drones, a serious issue already rightly raised from the Liberal Democrat Benches this evening. The Committee will recall that at Second Reading, my noble friend Lord Balfe made a powerful speech on the subject from a great deal of personal and professional knowledge. The safety issues associated with drones are critical and, as the House was informed at the time, it was understood that legislation had been drafted to address the problems associated with irresponsible use of drones prior to the election and was therefore in a fit and proper state to be introduced to the House at an appropriate time.

The expectation of a serious accident is very high. It is a matter of concern to Members of both Houses that urgent action be taken to address the law on drones, which needs to be reviewed with, not least, compulsory registration of drones to allow police to track down those flying them irresponsibly. The fact is that the law is not fit for purpose to prosecute the perpetrators of this type of crime, which is a matter of great concern to those of us involved in the passage of the Bill through the House.

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[Lord Callanan]

As far as I am aware, it is the Department for Transport, my department, which is doing it, but I shall come back to the noble Lord on that issue.

We strongly support EASA’s principle of using geo-fencing to enforce compliance with airspace restrictions and electronic identification, but we want to see the proposals simplified to all drones over 250 grams requiring geo-fencing and electronic identification, rather than a complex set of conditions.

The amendment intends specifically to make malicious use of drones an offence. Of course, I recognise that that may be a desired outcome, but Schedule 4 is drafted in such a way that, no matter what device is used unlawfully, it will be deemed an offence. On that point, and with the assurance that the Government intend to bring forward legislation specifically for drones in the timescale that I outlined, I hope that my noble friend will feel able to withdraw Amendment 29.

[Lord Moynihan]

I am very grateful to my noble friend the Minister. I thought that he might well mention Schedule 4, and I am grateful to him for doing so and putting on the record the view that he has just expressed. I also welcome the phrase “as soon as possible next year”, because that should ensure that changes to legislation in whatever form they may be introduced—and I recognise also that that has yet to be determined—will come in advance of issuing the first licences for spaceports.

I am grateful to the Minister and apologise to the Committee that, having flown in from Sydney at 5 am this morning, after about 26 hours travelling, I will not be here right at the end of this evening’s proceedings. I have put my name to Amendment 44, in the name of the noble Lord, Lord Rosser, which I totally endorse and support.

[Lord Callanan]

I apologise for forgetting to address the point made by the noble Lord, Lord Tunnicliffe, about laser pens. It is not part of the Bill, but I want to give him an answer. I understand where he is coming from: as he correctly said it was included in the Vehicle Technology and Aviation Bill, before Parliament was prorogued, to provide further certainty to pilots and the general public. We are continuing to look at other legislative vehicles. It is our intention to strengthen existing legislation. Safety is our top priority. Shining a laser at an aircraft in flight could pose a serious risk and anyone found guilty could currently be liable to a fine of up to £2,500, but it is our intention to strengthen existing legislation. I cannot give a timescale at the moment but will do so as soon as I am able.

[Lord Moynihan]

On that constructive note, I beg leave to withdraw the amendment.

Amendment 29 withdrawn.