Air Traffic Management and Unmanned Aircraft Bill [HL]

Lord Tunnicliffe Excerpts

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.

[Lord Craig of Radley (CB)]

My Lords, I first pick up the question that the noble Lord, Lord Tunnicliffe, started with, which is whether we shall end at the target of Amendment 23. My understanding is that we shall, because that has been agreed through the usual channels. Amendment 24 is in my name, so it is important that I can be confident that we will stop, if we get that far, at Amendment 23. I take the nodding to mean that that is the case and I appreciate it.

While I am on my feet, may I ask a more general question about all these amendments? There has been a great deal of talk about the interests of the civilian side of the aviation industry and how it interacts with the Department for Transport and the CAA, but I am not clear how the Ministry of Defence’s position will be properly safeguarded. The CAA has RAF representation, but I do not feel that that is at a high enough level and I would like to be reassured that the Department for Transport and the Ministry of Defence are in continuous contact, at the right level, on these points. The Ministry of Defence, and the Royal Air Force in particular, needs aviation space not only for getting in and out of airfields; they also have training needs and other areas that have to be safeguarded if the Royal Air Force is to continue to be effective in its training.

--- Later in debate ---

[Baroness Vere of Norbiton]

My noble friend asks a very interesting question. I will check with my lawyers and officials, but I believe that if a Ministry of Defence airfield was holding up airspace modernisation throughout the country by not getting its act together and progressing an airspace-change proposal, the Secretary of State would be able to direct the Ministry of Defence. What would be the alternative—the Ministry of Defence dragging its heels and not participating? Although one cannot imagine a time when the Ministry of Defence would do that, this is, as I will say many times today, a collaborative process. I have never heard of any examples where we have not collaborated well with the Ministry of Defence and all government departments.

Returning to these powers, they would be used by the Secretary of State only if it assisted delivery of the CAA’s strategy and plan. However, airspace modernisation is not just about the master plan. That is why the Government cannot accept the amendments tabled by the noble Baroness, Lady Randerson, and the noble Lords, Lord Rosser and Lord Tunnicliffe. Terminal airspace redesign is the master plan. At the moment we are considering the south, but we will move on to the north; these are only two of the initiatives to be delivered through the airspace modernisation strategy. As I have said, there are many others, including the airspace classification review and so on. The powers to direct relate only to airspace change proposals. They will stand as a last resort if airspace modernisation cannot be continued because an ACP sponsor is dragging its feet.

This goes back to the question of who airspace belongs to. It does not really belong to anybody. It is right that we encourage people to act collaboratively, so that we can all get the most out of our airspace. Coming down the track are the development of a solution for electronic conspicuity, the implementation of more precise and flexible satellite navigation-based arrival and departure routes—which, as noble Lords will know, will have positive implications for noise in some areas—and various international obligations which we have to comply with relating to air traffic management. Here again, these directions may be helpful, but as a last resort.

I cannot accept the amendments that would state that we were looking particularly at the master plan rather than at airspace modernisation as a whole. It is a much broader strategy, and certainly covers a wide range of things, although I would probably say that the master plan and the airspace modernisation from that master plan is one of the key elements of it.

It is worth mentioning that the two documents named in Amendment 2 and Amendment 8—CAP 1711 and CAP 1711b—cover only the period to the end of 2024, the first phase of airspace modernisation. The entire modernisation is due to run until 2040, so it is likely that these documents will be updated and ultimately replaced. Therefore, it is possible that having these specific documents in an amendment would not help the development or deliverability of airspace modernisation.

While I am on my feet, I will clarify something on the master plan. It is being developed by ACOG, which was set up to do so. It will need to be accepted by the CAA into the airspace modernisation strategy and plan. Of course, the CAA will do so only if it is consistent with the directions that it has been given and if it has been appropriately consulted on. The CAA is quite hot on this, actually. It rejected at least one airspace change proposal submitted in 2018, I think, because not enough consultation had gone on with communities. The CAA is clear that its role is very much as an honest broker and to make sure that people have been able to have their say.

When the master plan is complete, and with providing the benefits in mind, ACOG will look at the potential conflicts, trade-offs, interdependencies and the preferred implementation plan, but it will not look at individual airspace design solutions. Clearly, in the lower airspace, that is up to the airports to figure out. It is an extraordinarily iterative process, necessarily so, and enormous engagement is already happening as the master plan goes through its stages.

I hope I have been able to reassure noble Lords, particularly on the inclusion of “master plan” rather than mentioning the airspace modernisation strategy and plan. Also, it is not really appropriate to mention particular documents if we are to give the Bill the longevity that it needs. As I explained, the master plan will already have had regulatory acceptance into the strategy by the CAA, which will assess whether stakeholders have been spoken to. That will include airports, air navigation service providers, and many more people involved in the process.

We believe that there are sufficient avenues of challenge from airport operators and ANSPs. Resolution of conflicts in airspace change proposals already happens, of course, usually through a collaborative process mediated by the CAA. If any airspace change sponsor is still not happy, they can submit an application for judicial review.

I hope that I have been able to convince noble Lords that the powers are appropriate and will enable the Government to take forward airspace modernisation over a matter of decades rather than just in the short term. I also assure them that concerns are heard at every step of the way and are usually resolved collaboratively. That is a process between Her Majesty’s Government, the CAA, the airports and all their stakeholders.

[Lord Tunnicliffe]

Will the Minister be kind enough to formally affirm that we will not take Amendment 24 today?

[Baroness Vere of Norbiton]

I am absolutely delighted to stand at the Dispatch Box and reassure all noble Lords that I really am not on top of my speaking notes for Amendment 24, so we will not take it today.

--- Later in debate ---

[Lord Tunnicliffe]

My Lords, our four amendments in this group say more or less the same thing: the master plan may involve a need for compensation.

The Bill asks the philosophical question of who owns the airspace. There is almost a reasonable argument for you owning the airspace above what you own; that does not work so we must have some other ownership of the airspace. Clearly, the only such ownership that makes sense is that it is a national asset. It must therefore be managed for the general good.

That is a complex exercise because you must try to achieve two things: efficiency and equity. There is a problem with efficiency. Take a situation where individual entities have been working largely on their own and making optimal use of, in this case, airspace: if you recognise that it is becoming a scarce resource and therefore seek to manage it for maximum efficiency, there will be winners and losers. The problem is that, if that is so, the losers will look on it as inequitable. There are probably only three solutions to that lack of equity. One is to say, “Tough. Life is like that.” The second is the situation we have now: a suboptimal situation where you are not using the airspace to its maximum efficiency. The third is that you recognise the special position of the losers and pay compensation.

This is a difficult philosophical point. However, the problem is that United Kingdom airspace is no longer a philosophical point but a practical one. Therefore, as I said, we have tabled amendments that are similar to the Liberal Democrat ones to tease out the Government’s thinking on this dilemma and how we may take the debate forward.

[Baroness Bloomfield of Hinton Waldrist (Con)]

I thank noble Lords for tabling amendments and speaking so thoughtfully on such an important subject.

I assure noble Lords that we have considered, and will continue to consider, the potential impact of the Secretary of State directing a smaller airport to progress an ACP—airspace change proposal—when it may not have sufficient funds. At this stage, I want to assure the noble and gallant Lord, Lord Craig of Radley, that to support Ministry of Defence force development, the MoD will continue to require flexible and timely access to UK airspace. Also, the master plan will consider and include detail of the military’s future airspace requirements.

In general terms, it is a long-standing policy that air passengers should fund the cost of their travel, including the cost of changes to airspace structure, rather than this being subsidised by the taxpayer. However, the Government recognise that there may be occasions when a small airport requires financial assistance to carry out some aspects of an airspace change proposal. We expect the CAA’s oversight team to work with the airport operator or other person involved in airspace change before recommending that the Secretary of State uses the powers of direction relating to airspace change proposals.

[Lord Tunnicliffe]

Does the Minister recognise that airline passengers pay quite considerable amounts of tax? It is not unreasonable for them to look to the state to provide operational efficiency in regard to that tax.

--- Later in debate ---

Moved by

[Lord Tunnicliffe]

12: Clause 5, page 4, line 29, at end insert—
“( ) The Secretary of State must prepare and publish a report on whether the CAA is sufficiently resourced to carry out its functions under this section within six months of its coming into force.” Member’s explanatory statement
This amendment would require the Secretary of State to prepare and publish a report on whether the CAA is sufficiently resourced to carry out the new functions in this Bill.

[Lord Tunnicliffe]

My Lords, it will emerge as the afternoon goes on that I am somewhat unbelieving that this process will work. One reason I fear it may not work is the sheer lack of resources. The complexity of the trade-offs that will be necessary to work between the various demands to produce an optimal solution will be considerable. As I shall bring out in a later amendment, I believe that it is less than clear who is responsible for making that happen. I will make that point later. The point I make now is that the burden is likely to fall back on the CAA.

The Minister was kind enough to write to me and sort of assure me that money would not be a problem—I hope she reaffirms that. In her letter, she basically said that any additional expenditure that the CAA incurred could be met by industry through an appropriate levy procedure.

The real problem is talent, as is true throughout our economy. The number of people who have the skills to work in this area is limited. Therefore, I would value in the Minister’s response an assurance to the House that the pool of talent available to the CAA, and indeed to other parties involved, is sufficient. If it is not sufficient, what are we going to do about it?

The second part of this group is essentially whether Clause 5 should stand part of the Bill. Industry has raised the issue that there will be a conflict in the CAA between its responsibilities for policy execution and for regulation. It used to be a feature of the finance sector that firms would declare that there were Chinese walls and that these walls worked. As we know from the financial crisis, they worked to the extent of a bottle of Bollinger. I hope the Minister does not frown too readily; certainly at least one wall went down for the price of a bottle of Bollinger.

We could well have conflict between parts of the CAA. I am sure that they are people of great regulatory correctness, but when the same business has two parts trying to do things that might be in conflict, it is important to know how they can assure society that no conflict takes place. It is simple things, such as whether there will be physical separation. Will the two parts be in different buildings? How will we manage to assure industry, for whom significant financial consequences rest, that the CAA parts which will both be involved in this exercise are properly separated?

[Baroness Randerson]

My Lords, we also question whether Clause 5 should stand part of the Bill. I have often raised in this Chamber the fact that the CAA has an extraordinarily diverse range of responsibilities, which it seems to carry out very effectively. I say that with great care, because, while I support the noble Lord, Lord Tunnicliffe, in the call for there to be adequate Chinese walls, that is not a criticism of the CAA and the way it has so far done its job. However, no organisation is ever perfect. It is important that it is given the resources and set-up that enables it to carry on undertaking its various and broad roles in a fully efficient way.

The Government add to the CAA’s responsibilities all the time. They have done so on several occasions over the last two or three years. It seems always to rise to the challenge, but it is important that the Government put the right structure in place. Therefore, I support the noble Lord, Lord Tunnicliffe.

[Viscount Goschen (Con)]

My Lords, when my noble friend comes to respond to the argument, would she accept that the Civil Aviation Authority already deals with what could be considered potential conflicts? I think in particular between the economic regulation group, which is the economic regulator for the airport sector, on the one hand and the safety regulation group on the other, which, as the name suggests, performs oversight and regulation of safety. This is not new ground for the CAA, which is a highly competent, highly professional organisation with a very difficult and, as the noble Baroness said, very broad mandate of economic and safety regulation. It is used to doing this. Of course there are new aspects in the Bill, but the principle of how the CAA operates is very well established, even down to some of the debates we had about changes in airspace policy, in which it has participated over the years. This is not new; airspace changes and it is rearranged under the current arrangements.

[Lord Tunnicliffe]

While I take the noble Viscount’s point, does he accept that I have raised this point because the industry has come to us and expressed its concern? This is the same industry that has lived in the environment he has just described. I cannot see a way round not having the CAA doing both these parts. I cannot see who else would have the skills set, but we may have to debate that later. There has to be some process for convincing the industry that the separation in this case is effective. My concern about Clause 5 standing part is to get that assurance out of the Government.

[Viscount Goschen]

No one here would disagree with the noble Lord this is complex and difficult stuff. The point I was trying to make, which is entirely valid, is that the CAA, under its existing mandate, already balances these types of conflicts. There is not a great deal new here, certainly in principle.

[Baroness Vere of Norbiton]

I again thank the noble Lord, Lord Tunnicliffe, for introducing this group. I shall start with Amendment 12 and then move on to matters relating to Clause 5 stand part.

As noble Lords have already noted, airspace modernisation is complex: it is a long-term programme and will require close oversight from the CAA in its co-sponsor role and the expert capability of its regulatory teams to assess airspace change proposals. These will be submitted by sponsors under the master plan which is being produced by the Airspace Change Organising Group, ACOG. That all makes sense but it is complicated.

It is crucial that the CAA has the resources to carry out these important functions. I can reassure the Committee that the CAA already reports on its resourcing through multiple channels and these reports are in the public domain. In December 2019 the CAA published its annual report on progress against the airspace modernisation strategy. The CAA is required to produce this report every year through the directions made by the Secretary of State. This report includes an overview of CAA’s resourcing position against the strategy. The next one will be published towards the end of this year. The CAA also produces an annual report covering all of its activity, including its resourcing position and its top-level risks to the organisation. Again, this information is available publicly and is provided as part of its annual consultation on its charging scheme.

On the timing of the report specified in Amendment 12, it is unlikely that the Government, or indeed the CAA, would know within six months of the Bill coming into force whether it will be necessary to use any of powers in the Bill, when it might be necessary to do so and how many airspace change sponsors may need to be directed. Therefore, in addition to those already produced, a report on a specified day would probably not add much to what is already in the public domain. However, I will share the most recent CAA report on airspace modernisation of December 2019 after the debate.

On Clause 5 stand part—this is an important consideration which is worth time—the clause gives the Secretary of State powers to delegate the Secretary of State’s functions under Clauses 2 to 4 to the Civil Aviation Authority and for a notice in writing of this to be published by the CAA. It would provide another means for the airspace changes identified to help deliver the strategy to be delivered, but only if it appeared desirable for this to do so in the future. The CAA is the nation’s airspace regulator and has the expertise to take on this role if required. Given that both the Secretary of State and the CAA have various roles in relation to airspace change, appropriate internal governance structures would need to be put in place, an issue mentioned by a number of noble Lords, including my noble friend Lord Goschen.

This is important because the CAA carries out many different functions—it is a policymaker, a policy implementer, a regulator and a decision-maker—and, as noted by my noble friend, it is able to manage these kinds of conflicts of interest. I frowned earlier when the noble Lord, Lord Tunnicliffe, tried to liken the CAA to an investment bank, but the comparison is not a valid one.

The CAA is an entirely different sort of organisation. The incentives for going against what would be put in place are simply not the same. For example—again, it is not proposed that this would be done, but it is to provide flexibility—if the Secretary of State decided to delegate these powers to the CAA, the Secretary of State and the CAA would need to put in internal governance structures. For example, the DfT would need to make internal governance arrangements to separate the teams for discharging the new powers of direction, deciding on whether to call in an ACP and making recommendations to Ministers on that called-in ACP. This is rather like what the DfT does already on decisions on DCOs where one Minister decides and another Minister is kept well out of the process, and it works. The CAA would make similar internal governance arrangements to separate the CAA teams tracking ACPs, advising on when to use the power, deciding on an ACP and discharging any new powers to direct ACPs if delegated to the CAA. The CAA has already created the internal governance structure that separates the first and second items there because that happens already.

One of the things I wish to press home to your Lordships today is that ACPs are already being considered and are successfully reaching the other side. So when the noble Baroness, Lady Randerson, was talking on the previous group about possible challenges that will occur between airports and asking how they are going to be resolved, we are already resolving them. This process has been going on for quite some time. It is only because of the new aviation modernisation strategy and its requirement to do it on a much more complex area, according to the master plan, that we have decided to take these powers. However, in normal circumstances without these powers airports are perfectly capable of sitting down, talking to each other and coming up with an equitable agreement. In this case, a CAA team would be tracking and advising an ACP, and another team would be making the decision. I believe that the CAA is well used to making these sorts of decisions, if it were to need to do so in future, and to creating those Chinese walls between the different functions it is expected to carry out.

[Lord Tunnicliffe]

The assurances the Minister has just provided are clearly useful. Will they be formally published in any way, in an appropriate document—a CAP or something like that—so that the industry can see what is happening, what governance structures are being put in place and the extent to which there might be physical separation?

[Baroness Vere of Norbiton]

That is a very good suggestion from the noble Lord. I will certainly take it back to the officials and consider how that might be taken forward. I agree that it certainly would provide reassurance to all stakeholders involved in this process to know that in circumstances where the powers were delegated it was clear what was going to happen. I will be in touch with the noble Lord with more information.

Skills are very important because airspace change requires specific skills. The CAA’s annual progress report includes details specifically covering the resourcing plan for the oversight function, which is the high-level function to make sure that airspace modernisation is happening, and the technical expertise which is required to assess the airspace change proposals. I know that the CAA has a medium-term recruitment plan. Last year it was successful in recruiting the people that it needed. It is early days to speak about this year, but it has a plan in place and it knows how many people it will need as ACPs start coming down the track. Although such circumstances are not currently foreseen, we would like to have the flexibility to allow the CAA to take over these powers if deemed appropriate, or if circumstances arise in the future where the Secretary of State feels that it is the best way to go forward. I hope that, based on my explanation, the noble Lord will feel able to withdraw his amendment.

--- Later in debate ---

[Lord Tunnicliffe]

I thank the Minister for her response and will study her words carefully. I beg leave to withdraw the amendment.

Amendment 12 withdrawn.

--- Later in debate ---

Moved by

[Lord Tunnicliffe]

13: After Clause 5, insert the following new Clause—
“Responsibility for CAA airspace strategy
( ) The Secretary of State is responsible for the implementation of the CAA’s airspace strategy.( ) The Secretary of State must, before the end of the period of 12 months beginning on the day this Act is passed, lay before both Houses of Parliament a statement setting out progress towards the implementation of the CAA’s airspace strategy.( ) The Secretary of State must lay before Parliament a report in similar terms covering each subsequent 12-month period, within six months of that period ending.”Member’s explanatory statement
This amendment would make the Secretary of State responsible for the implementation of the CAA’s airspace strategy, and require related reports.

[Lord Tunnicliffe]

My Lords, we come to our most important amendment. The Minister will no doubt tell me that it is unnecessary; none the less, we feel it is important. The essence of Amendment 13 is that the Secretary of State must take responsibility for this process—and it must be personal responsibility.

I have very little faith in the process. I have suffered personally from this sort of situation in delivering a large project. We set down in all the project agreements that parties must co-operate, but they did not. Technically, we had various enforcement mechanisms but these run into the courts and the courts run into delay—and you cannot afford delay. It is pretty weak. The structure requires all participants to behave benignly. Unfortunately, these organisations are in the business not of being benign but of making profits. They are large organisations owned by shareholders, and the shareholders expect profits. I am afraid that the history is not terribly good. There was a project called the London Airspace Management Programme—LAMP, the stated aim of which, according to the CAA, was

“to redesign the airspace network over the whole of London and the south-east”—

not unlike the master plan. The CAA says:

“Initial plans were to consult on a complete package of network changes and 'swathes' and follow this up with airport-specific consultations, prior to a phased implementation at single, or groups of, airports. However initial design work and programming issues meant that this plan was revised so that LAMP design and consultation was to be addressed in two main phases. The first centred around London City and Gatwick (referred to as LAMP Phase 1A) and the second around Luton, Stansted and Heathrow”.


This comes from a report by the CAA; I would like to make sure that the correct document is quoted —it is in CAP 1692, on the end phase. The rest of the programme was essentially abandoned. I have just read out paragraph 23, but this is also set out in paragraph 24 and 25 et cetera. In a sense it is a sorry tale, but not one that we should be surprised about. It requires the miracle idea that individual entities in this process are able to maximise their own position and, at the same time, that of the whole. When one thinks about it logically, that is fairly improbable.

So, one looks to how we are going to do it this time. The Minister’s answer will probably quote CAP 1711b, which is the airspace modernisation governance. I hope she had more success in understanding it than I did. I got to paragraph A7, which followed a flow diagram headed “Governance structure for airspace modernisation” that I did not understand, showing the roles for delivering airspace modernisation. I thought, “Is there something tangible here?” Paragraph A7, under the heading “Airspace Strategy Board”, says:

“The Aviation Minister-chaired Airspace Strategy Board (ASB) is the first tier of the governance structure.”


I thought, “I’m there. That is where it must happen.” But the next sentence says:

“The Airspace Strategy Board is not a decision-making board, but will engage stakeholders on the policies that will govern the strategy and will advise DfT on potential changes to the overarching policy, regulatory, legal and funding framework if these are required to address delivery issues.”


So it is not decision-making, it is just a talking shop.

--- Later in debate ---

[Lord Tunnicliffe]

Could I interpret that as the noble Lord agreeing with me?

[Lord Davies of Gower]

I am disagreeing.

[Baroness Vere of Norbiton]

My Lords, as I have said and will probably say many times during the passage of this Bill, airspace modernisation is incredibly complex. A wide range of organisations are responsible for delivering it, and it will be for the benefit of the community as a whole. I understand noble Lords’ concerns about who is ultimately responsible for delivering it. I hope I may be able to add some clarity on the exact responsibilities of the Secretary of State, the Department for Transport and the CAA with regard to airspace modernisation, because it is far from straightforward.

Under Section 66 of the Transport Act, the Secretary of State may give directions to the CAA imposing duties, conferring powers or both with regard to air navigation in a managed area. That is our first stage: the Secretary of State giving instructions or directions to the CAA. In those directions given by the Secretary of State to the CAA, the Secretary of State directed it to prepare and maintain a co-ordinated strategy and plan for UK airspace up to 2040, including modernising the use of such airspace. Again, I believe that all noble Lords will be in agreement with that, which is what has happened.

The CAA is therefore responsible for preparing the strategy, as set out in Clause 8(1), by reference to the directions. If the directions change, the strategy would then change. This is consistent with the CAA’s role as a specialist aviation regulator and its broader statutory responsibilities. The CAA meets this requirement through its airspace modernisation strategy, CAP 1711, and of course the governance of that, as mentioned by the noble Lord, Lord Tunnicliffe, in CAP 1711b.

It is envisaged that the master plan currently being developed to identify in more detail the sort of changes that we will look for will become part of the CAA’s airspace modernisation strategy, which it has been asked to prepare by the Secretary of State. The legislation therefore makes it clear that the CAA is required by the Secretary of State to prepare and maintain the airspace strategy and to publish a report on it, and that the Secretary of State will hold the CAA accountable for this, while Parliament will hold the Secretary of State to account.

However, although that stands in all circumstances, it is not quite so straightforward, because there are responsibilities that lie elsewhere. It is important that we recognise that so, alongside the CAA and the DfT having responsibilities to co-sponsor the framework, the actual delivery cannot take place without the active participation of the industry. This precisely makes the case for the powers that we seek to take in the Bill that the Committee is discussing. We hope for the wonderful carrot world of active participation by the industry, and we have the stick of a potential direction if that does not happen. The noble Lord mentioned the previous attempt at airspace modernisation; he is absolutely right that it did not work because there were no sticks. It was therefore difficult to focus minds on reaching an agreement without the need to use a stick. It would not be beneficial for our relationship with the industry, or indeed stakeholders, to utilise the stick too readily—but, as a last resort, we would.

On the amendment’s requirement to lay a Statement in Parliament on progress against the strategy, I think I mentioned that the CAA already provides an annual report on the progress against the modernisation strategy. I therefore feel that that is probably not warranted. I hope I have clearly explained where the current roles and responsibilities lie so that there is no confusion and that, on the basis of this explanation, the noble Lord might—no, he might not.

[Lord Tunnicliffe]

The Minister says that the Secretary of State now has a stick—great. It is a very blunt stick, if I may say so. Nevertheless, does that mean she accepts that if this goes wrong, and an effective airspace strategy does not emerge from the process, the Secretary of State will be responsible for that failure?

[Baroness Vere of Norbiton]

At the end of the day, in maybe a decade’s time—I do not know how long this will take but it may well be in a decade’s time—I suspect that if this is not going according to plan, there will be questions in this House and in the other House. It will then be for the Secretary of State to answer those questions; in that respect, he has responsibility for making sure that this programme proceeds. However, as in many areas of the world that we live in, there may be circumstances that are beyond his control and are the responsibilities of others. Essentially, however, the responsibility for directing the programme lies with the Secretary of State.

[Lord Tunnicliffe]

I thank the Minister for that response and, while I will consider her words with care, I beg leave to withdraw the amendment.

Amendment 13 withdrawn.

--- Later in debate ---

Moved by

[Lord Tunnicliffe]

14: After Clause 7, insert the following new Clause—
“Emissions reporting
(1) The Secretary of State must, before the end of the period of 12 months beginning on the day this Act is passed, lay before both Houses of Parliament a report detailing total emissions of targeted greenhouse gases as set out in section 24 of the Climate Change Act 2008 from aircraft beginning or terminating flight in UK airspace over a 12 month period ending not more than six months before the report is laid.(2) The report must meet the obligations laid out in Article 5 of the 1998 Aarhus Convention.(3) The Secretary of State must lay before both Houses of Parliament a report in similar terms covering each subsequent 12 month period, within six months of that period ending.”Member’s explanatory statement
This amendment would require the Secretary of State to prepare and publish a report on aviation emissions and ensure compliance with Article 5 of the 1998 Aarhus Convention.

[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.

[Baroness Randerson]

My Lords, perhaps I can add to that response by saying that, when I discuss airspace modernisation with those who take part in the aviation industry, in one role or another they all raise the fact that this is a key opportunity to reduce CO₂ emissions from the industry. CO₂ emissions from transport are a huge source of problems, and aviation is the greatest part of them, not in percentage terms but because it is difficult to address. Solutions to many problems relating to road transport are gradually coming into general use, but no sensible time limit has been set for a solution to emissions from air travel. It is, therefore, very reasonable to suggest using this opportunity to see how much airspace modernisation has been able to contribute to reducing CO₂ emissions from the aviation industry and to look at other ways in which this might be done.

Events of the last year have shown that, when you put information about the impact of CO₂ emissions in the hands of the general public, they understand and start to take their own steps. However, aviation is a very large-scale industry that is difficult to crack through individual contributions—other than not flying, of course. A lot of people are taking that solution but, in the interests of the aviation industry’s future, it is surely important to take this opportunity to measure how effective airspace modernisation has been in reducing CO₂ emissions.

--- Later in debate ---

[Baroness Vere of Norbiton]

My Lords, I thank the noble Lord, Lord Tunnicliffe, for tabling the amendment. I agree with him—and, I am sure, with all Members of your Lordships’ House—that the fight against climate change is one of the most pressing issues of our time. It is absolutely right that we continue to highlight emissions, to publish data on them and to plan for their ongoing reduction. The Government already publish emissions data for domestic and international flights. The Department for Business, Energy and Industrial Strategy reports annually on these greenhouse gas emission statistics. The statistics cover all sectors of the economy, including transport. Those for 2018 were published just last week and are readily available online. I will happily share a link so that all noble Lords can see them.

Within the statistics, individual transport modes—including aviation—can be identified. Domestic aviation is reported on separately from international aviation, because the methodologies used are different. The data is obtained from the National Atmospheric Emissions Inventory, produced by Ricardo Energy and Environment. It is also available online. The amendment referred to the 1998 Aarhus convention, the three pillars of which are already implemented in domestic legislation. Article 5, which relates to access to information, has been implemented through a number of measures, including legislation such as the Environmental Information Regulations 2004.

Measures in the Bill, as many noble Lords have noted, can help tackle emissions by reducing the amount of fuel burn that will come from aircraft, because they will be making more efficient journeys into airports. We are also moving into circumstances now where new technologies will allow for steeper climbs and steeper descents into an airport: again, this reduces the amount of fuel needed. It will also reduce the need for holding stacks, a big user of fuel. Early analysis suggests that modernisation in the south-east could reduce the amount of fuel burn by 20%, which would be a 20% reduction in carbon.

However, I will go away and look at the data. I am as interested as anybody in making sure that the data is correct, that it is published correctly and that it is available for all to see, because only then will we be able to really see the impact of our actions. If the noble Lord has any further details of the sort of data he would like to see, I cannot guarantee to put it the Bill but I may be able to make sure that it is published by colleagues.

[Lord Tunnicliffe]

Will the noble Baroness be good enough to include in that information, which will be very welcome, the methodology behind the figure of 20%?

[Baroness Vere of Norbiton]

I will certainly look to see how that figure was calculated and write to the noble Lord. I am fairly sure that there is a robust methodology behind it.

[Lord Tunnicliffe]

I beg leave to withdraw the amendment.

Amendment 14 withdrawn.

--- Later in debate ---

[Baroness Vere of Norbiton]

My Lords, I come to a series of government amendments that are minor and technical, slightly improving the Bill. I hope that noble Lords will agree with them.

Schedule 5 gives the Civil Aviation Authority the tools that it needs to act in the most effective and proportionate way in response to contraventions by the licence holder of licence conditions or statutory duties. Those duties are otherwise known in the Bill as Chapter 1 requirements. The licence holder may also contravene orders, which may be enforced under these provisions.

The amendments concerning new paragraphs 11, 12 and 13 of new Schedule B1 to the Transport Act 2000, which is in Schedule 5 to the Bill, are technical and relate to the procedure associated with the giving of a notification of penalties. They will ensure that the reason for imposing a penalty on an affected licence holder is made clear, and ensure alignment with equivalent provisions in the Civil Aviation Act 2012 so far as is practicable. The Government gave notice of the amendments on Second Reading.

The first amendment clarifies that, where a penalty is imposed for contravening a requirement in an enforcement or urgent enforcement order, the penalty notice given by the CAA must specify that requirement. The next amendment, to line 29 of page 48, inserts wording at the end and provides that, where a penalty notice is given by the CAA specifying a requirement of an enforcement or urgent enforcement order, that penalty notice must specify the Chapter 1 requirement in respect of which the order was originally given.

The next amendment is to line 44 of page 49, and replaces “relevant Chapter 1 requirement” with

“requirement that the CAA has determined is being or has been contravened”.

It clarifies that, where a penalty has been imposed for contravening a requirement in an enforcement order, the penalty notice given by the CAA must specify that requirement. The amendment at line 46 of page 49 inserts wording towards the end that provides that, where a penalty notice has been given by the CAA specifying the requirement of enforcement, that penalty notice must specify the Chapter 1 requirement in respect of which the order was originally given. The amendment at line 37 of page 50 leaves out from “with” and inserts further wording. It provides that, in determining the amount of a penalty, the CAA must where relevant have regard to the steps taken by a person towards complying with both the requirement of an order and the Chapter 1 requirement in respect of which the order was originally given.

The amendment at line 40 of page 50 inserts some wording at the end and provides that, in determining the amount of the penalty, the CAA must where relevant have regard to the steps taken by a person towards remedying the consequences of both the requirement of enforcement and the Chapter 1 requirement in respect of which the order was originally given. The amendment on line 41 of page 54 provides that a reference in new Schedule B1 to the Transport Act 2000 to remedying the consequences of a contravention of a requirement of an enforcement order includes paying certain amounts to a person by way of compensation or in respect of annoyance, inconvenience or anxiety.

Overall, the amendments will enable the CAA to issue effective notices and ensure that the licence holder is treated fairly when the amount of a penalty is determined, therefore reducing the likelihood of challenge and allowing the Bill to function as intended. I beg to move.

[Lord Tunnicliffe]

It seems to me that the key words in that presentation were “minor” and “technical”. They had better be.

[Baroness Vere of Norbiton]

I thank the noble Lord for his contribution.

--- Later in debate ---

Moved by

[Lord Tunnicliffe]

23: After Clause 11, insert the following new Clause—
“Report on General Aviation
(1) The Secretary of State must, before the end of the period of 12 months beginning on the day this Act is passed, lay before each House of Parliament an assessment of the impact of Part 1 and Part 2 of this Act on general aviation.(2) In preparing the report the Secretary of State must consult bodies including but not limited to–(a) the Aircraft Owners and Pilots Association,(b) the General Aviation Safety Council,(c) the Light Aircraft Association,and summarise and respond to issues raised in that consultation.”Member’s explanatory statement
This amendment would require a report on the impact of Part 1 and Part 2 of this Act on general aviation.

[Lord Tunnicliffe]

My Lords, this amendment guarantees that general aviation is taken seriously in the process. General aviation is more important than people realise. Aviation 2050: The Future of UK Aviation, Command Paper 9714, published in December 2018, asserts that general aviation flying is worth about £1.1 billion and supports 10,000 jobs. It is a significant part of aviation and a significant employer.

There are Members in the Chamber—just about—who are part of the general aviation community. They may disagree with me, but my sense from friends in this community is that it feels unloved or left out. The short philosophical discussion I had earlier was about the fact that there is a general right to airspace—that, because it is owned by the whole community, it should be treated such that restriction of controlled airspace is balanced against general aviation’s right to use uncontrolled airspace.

It is crucial in this day and age in that it generates airline pilots for the United Kingdom. I lived in a highly privileged age when the national airlines generated their own pilots. They paid for my training—more accurately, they paid for me to have fun, but let us get back to the subject. It is very easy in these situations for these small activities to get lost in the consultation processes. The fact that this amendment calls for a report will mean that officials will have that in mind and increase their propensity to be able to show that the needs of general aviation are appropriately taken account of.

General aviation is not universally popular; it creates noise and is seen as the privilege if not of the rich—although private jets are a big chunk of it, and you have to be either rather important or rather rich to use one—then of those involved in sports flying and training. The cost of hiring an aeroplane is about 5p a second—£180 an hour upwards—so you have to be affluent, if not rich, to take part in it. It has different forces working about it in society, which is a good reason for making sure it has its own special place in the process, which this amendment would allow.

The Government set out their position in The Future of UK Aviation:

“The government aims to ensure that there are appropriate and proportionate policies in place to protect and support General Aviation (GA) and its contribution to GDP and jobs. The government recognises that the needs of GA have to be seen in the wider context of civil and military aviation. In areas such as the use of airspace and the allocation of slots it is important to balance the needs of private flying, commercial GA and scheduled aviation, so that all classes of aviation are properly and proportionately considered and the benefits of GA can be supported.”


My amendment goes towards ensuring that that objective is met. General aviation is something of an enigma, but it deserves the special attention that this amendment would require. I beg to move.

[Baroness Randerson]

My Lords, I thank the noble Lord for moving this amendment and raising an important issue.

During an earlier part of our discussions today, I felt that one noble Lord almost suggested that by asking the question one attributes blame. The important thing for general aviation—for a start, that is a massive phrase, which incorporates many different strands of aviation—is that its position is recognised and it is given the right to make representations. I notice and particularly welcome the noble Lord’s amendment saying at proposed new subsection (2) that the report of the Secretary of State

“must consult bodies including but not limited to … the Aircraft Owners and Pilots Association”

and the General Aviation Safety Council. Many organisations involved in aviation have strong views on this, and in the modern world, it is important that the situation is properly considered and a proper, strategic approach to it is developed.

Just as I stressed earlier the importance of commercial aviation to our economy, the noble Lord, Lord Tunnicliffe, made the significant point that general aviation is also worth money to our economy—although on a much lower scale. However, the phrase includes such things as the hugely important air ambulance services, so it is important that the views of those involved across the spectrum of general aviation are taken into account. This is not all just about people going out on leisure flights on a Sunday morning.

--- Later in debate ---

[Lord Trefgarne]

I need to apologise once again to your Lordships, I am afraid. There is an interest I forgot to declare earlier: I am president of the British Association of Aviation Consultants. That is in the register, of course.

[Lord Tunnicliffe]

My Lords, I thank all noble Lords who have taken part in this debate; I have rarely had so much support. The noble Viscount, Lord Goschen, hit the nail on the head. Let us go back to the bigger picture. I take the point that this Government probably take general aviation more seriously than any recent Government, and that is a good thing. The problem is that it may well depend on the particular Secretary of State.

The beautiful thing about a regular reporting process is that it concentrates the mind. Anybody who has worked in a large organisation in which several work streams are going along knows that if a work stream is picked out by the chief executive, the board or whoever for regular reports, it sits there in the minds of the officials, operatives, project managers or whoever is trying to do it. They think: “We’ve got to produce this report, and because it will become public we’d better make sure that our reasons for our various actions are well explained.”

On the point about timing, as the Minister knows, it is entirely up to government to bring along amendments to suggest more appropriate timings. This is just an amendment to get the idea off the ground. I think that it is a pretty reasonable idea, and I hope the Government give it some more consideration. Of course, I will look at this debate with great care and decide whether to bring it back on Report. I think it will push things.

[Baroness Vere of Norbiton]

I would like to reassure the noble Lord that we will certainly give great consideration to what he has said today, and perhaps after Committee we might have further discussions about what this report might look like.

--- Later in debate ---

[Lord Tunnicliffe]

With those enthusiastic words, I beg leave to withdraw the amendment.

Amendment 23 withdrawn.