Civil Aviation Bill

Louise Ellman Excerpts

Wednesday 25th April 2012 Commons Chamber

[Jim Fitzpatrick]

I accept that point. I suggested in Committee that there should be a delineation of the differences between licensed airports, given that all airports have a licence of some description. Given that the most difficult passenger experiences of recent years have been at Heathrow, given that an indicative licence has been published for Heathrow and given that Heathrow is the market leader and our only hub airport, whatever Heathrow does will be examined by everybody else. If the CAA says that it expects Heathrow to do something, that might be adopted by other airports. We therefore do not think that it would be inappropriate to include this requirement in the licence, even if it applies only to Heathrow, because it would be copied as best practice by the other first-class airports around the country.

We all want to ensure that there is a good passenger experience, especially for those with disabilities, as was discussed in Committee and as is outlined in new clause 2. We hope that the situation will be better as a result of the Bill and are confident that it will be. We congratulate the Government on bringing it forward. However, we think that it would be much better if, in addition to more and clearer data being published on the passenger experience, there was a simple licence requirement, as outlined in amendment 9. We will seek the view of the House on that if the Minister is not able to reassure us in the course of the debate.

[Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

This group of amendments draws attention to the importance of the passenger experience. The Transport Committee has looked at that theme a number of times over the years. Some improvements have been made, but there are still major questions, some of which are raised by the amendments.

Overriding the specific points made by the amendments is the general question of who speaks for passengers. The previous organisation, the Air Transport Users Council airport consultative committee, stopped being responsible for airing passengers’ views. It was suggested that Passenger Focus might take up that responsibility, but that did not materialise. When the Transport Committee questioned the CAA in our pre-legislative scrutiny, it told us that it was setting up a panel. When we asked what form the panel would take, how its members would be chosen and how it would operate, the answers were unclear. There is still a big question mark over whether there is effective representation for air passengers. Such representation does not seem to be enshrined in the Bill. I would like to hear the Minister’s comments on that.

[Graham Stringer]

My hon. Friend is making a very good point about who represents passengers. Does she agree that a flaw in the Bill is that it does not state not only who represents passengers but what the interests of passengers are? If that major flaw is not corrected today, I hope it will be corrected in the other place.

[Mrs Ellman]

I thank my hon. Friend for drawing attention to some important points. I agree that the matter needs further thought, and I hope that the Minister can respond on it.

The Select Committee’s work also drew attention to some problem areas in the allocation of responsibility for looking after passenger experiences. Key passenger concerns, particularly about passport and immigration issues, the time it takes people to get into the country and baggage handling, are not necessarily the responsibility of the airports, but they are, in reality, seen as responsible for them. We have heard examples recently of long queues, which are the responsibility of the UK Border Force, yet happen in the airport and are part of the air passenger’s experience. There do not seem to be any means of addressing that dual responsibility in the Bill, and that needs attention.

My hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) referred to the Select Committee’s earlier work on the implications of bad passenger experiences and the need for passenger welfare plans. The problems that air passengers experience at times of disruption during otherwise fairly normal periods are a long-running issue, and there has also been the near-breakdown of the service in situations such as very bad weather. We produced a report drawing attention to the matter and Ministers told us, or certainly implied, that the new licence conditions could contain requirements for passenger welfare plans to be put into practice, so that there would be clear responsibility for looking after passengers and giving them information in times of severe disruption. That does not seem to be happening in the Bill.

I know that the Civil Aviation Authority, in laying down what I think it calls its indicative licence conditions, has said that passenger welfare issues are part of the licensing process. However, it is extremely unclear whether the conditions will be enforceable, how clear they will be and whether there is to be a further consultation period before any such conditions are laid down. That is another area of concern.

All the points that I have made relate to the amendments, and I will be interested to hear the Minister’s response. The experience of passengers travelling by air is extremely important, and it is time that it became a focus of our attention.

[Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)]

I wish to make a few comments, mainly about Edinburgh airport, which is obviously of particular interest to the residents of my constituency and has recently been purchased by a new operator following the earlier competition decisions. It has been taken over by the operator of Gatwick and London City airports among others.

By and large, the passenger experience at Edinburgh airport is good. Most of the time, people can move fairly smoothly through the airport. Nevertheless, the points that my hon. Friend the Member for Liverpool, Riverside (Mrs Ellman) made apply at certain times of the day. My constituents frequently enter the UK at Heathrow or other airports in the south and then travel up to Edinburgh, and I know from personal experience about difficulties such as long queues at immigration and at security. Sometimes only one or two search points seem to be open even though eight or nine are available. We all experience that, and if the Bill can make the situation better, I will certainly welcome it.

Such problems are not generally the experience at Edinburgh airport, but two aspects of passenger welfare standards need to be addressed there and elsewhere. The first is the issue of international flights in particular arriving late in the evening, when either the UKBA facility or the airport handling facility is apparently unable to cope with arrivals, particularly if planes are slightly delayed. As a result, I have had many complaints about people having had to wait for long periods before they could get off the plane or get past a locked door into the terminal building. I hope that the Bill will lead to an improved service for passengers, both in general and through the new standards that it will bring into effect.

--- Later in debate ---

[Mrs Villiers]

I am very much aware of my hon. Friend’s interest in the UK Border Force, and I shall come on to those matters. However, on various occasions, I have had discussions with Home Office colleagues on those matters.

[Mrs Ellman]

On the same topic, how will passport control matters, which are the responsibility of the Home Office, be addressed under the licensing regime?

[Mrs Villiers]

As I shall come on to explain, I do not believe that the licensing regime is an appropriate mechanism to address issues relating to border controls.

The CAA sought initial views from industry in drafting the indicative licence. However, Parliament has not yet concluded its consideration of the Bill, so the CAA has not yet begun to consult on proposed licence conditions for each airport that will be subject to regulation. Until consultations have taken place no final decisions will be taken about what goes into the licence. However, if the Bill is passed as drafted the CAA will consider the extent to which it is necessary to include conditions on resilience and passenger welfare in the licence. The CAA expects activities that may be part of the new licence regime to include taking into account other obligations on service quality standards, and the success of codes of conduct and voluntary arrangements adopted by the industry. As the body with the relevant operational expertise, the CAA is well placed to determine appropriate and effective licence conditions. The amendments could undermine our goal of giving the specialist regulator a flexible toolkit to protect the passenger, so I hope that the Opposition will not press them to a vote.

--- Later in debate ---

[Mr Deputy Speaker]

I am sure we can now make good progress.

[Mrs Ellman]

Security was one area on which the Select Committee expressed concerns and raised questions. Some of those concerns are touched upon in some of the amendments. The change in security arrangements—responsibility in part moving from the Department to the CAA—is linked to a change to an outcome-focused, risk-assessment regime, but that basic change of policy has not been fully debated. The Committee did not address the subject in depth; instead, we looked at certain specific issues, which are in the Bill.

The shift in responsibility from the Department to the CAA will result in increased costs to the industry. While industry generally supports the changes in the Bill, it is concerned about costs. It has been stated that the cost will be £5 million a year, but I understand that, in fact, the figure could be a great deal higher.

Another issue is how the division of responsibilities will operate in practice. Under the proposed changes, the Secretary of State is to have responsibility for policy and the CAA is to have responsibility for operational matters, but it is unclear how that division will be made and how that would operate, particularly in emergency situations when swift decisions may be required.

That issue is linked to the concern we expressed about staffing, and the possibility of staff in the Department who have expertise in this area not moving to the CAA and therefore not being available to deploy their expertise where and when it is most needed. We have not received any clear answers on that. We suggested there might be secondments. I understand that the Department is not very supportive of that idea, and does not accept that it may solve the problem. We remain concerned about this possible loss of expertise.

I understand that the CAA will be undertaking its new responsibilities by 2014. That is not a long time in the future. It is important that the issues I have raised are addressed. There is also the question of whether the move to an outcome-focused, risk-assessment approach will, in fact, maintain—or, indeed, increase—vital levels of security.