Passenger Boats and the Maritime and Coastguard Agency

Mike Kane Excerpts

Wednesday 17th March 2021 Westminster Hall

[Mike Kane (Wythenshawe and Sale East) (Lab)]

It is a pleasure to serve under your chairmanship today, Dame Angela. I congratulate the hon. Member for Romford (Andrew Rosindell) and wish him a happy birthday on this St Patrick’s day, which he was very eloquent about. For those who cannot see the hon. Members for Romford and for Strangford (Jim Shannon), they have beautiful green ties on today, but the hon. Member for Romford has excelled by having matching coloured socks as well. I think the British public need to know that. I also thank him for his chairmanship of the Chagos islands (British Indian Ocean Territory) all-party parliamentary group, as I do on a regular basis, and the work he has put in over the years for that community. The small community that I represent in Wythenshawe and Sale East are very grateful for the work of that group.

Like Henry V before Harfleur, I was not angry before I came to this meeting, but when I heard about the Connaught, I became quite agitated. My parents emigrated from the great province of Connacht, from Leitrim and Roscommon, in the mid-1950s. They did not know each other in 1955; they met at a dance in Manchester, and married and moved out to the green pastures of Wythenshawe, where I came along a few years later. On this St Patrick’s day, I pay a particular tribute to my parents and my father, who was an Irish navvy and built the roads and the sewers of the north-west of England in his working life. As you well know, Dame Angela, I also play in the Fianna Phadraig pipe band—the warriors of Patrick—which celebrates its 73rd year this year in Wythenshawe, and I play in another musical ensemble called Lorica. A lorica is a poem that was used by warriors in the time of St Patrick—a poem on their breastplate to go into battle—and one of the lines in the lorica on St Patrick’s breastplate is

“God’s strength to pilot me”.

Listening to the hon. Member for Romford’s speech today, I thought that was an apt part that we should think about; a pearl of St Patrick’s wisdom that he gave us.

Today’s debate has focused on the Maritime and Coastguard Agency’s proposed changes to grandfather rights for all passenger boats. It has particularly highlighted the thriving and—at least pre-covid—successful passenger boat businesses on the Thames. The Tony Robinson TV series, “The Thames” was particularly excellent at showing what a vital artery the Thames is for our whole nation—and in Oxfordshire, as well, for the record; I say that for the Minister. Members will have admired boat trips along this section. Just before lockdown, I had the pleasure of going to Kew Gardens on one of those boats. These historic boats, including 19th century ships and even some veterans of the Dunkirk evacuation, continue to provide safe and enjoyable experiences for tourists, all year round, year after year. I pay tribute to the Maritime and Coastguard Agency for the work it does and the exemplary safety standards on our rivers and coastal waters. It is of great importance to maintain that record, so I welcome the principle of upgrading the standards of vessels operating on rivers such as the Thames.

I join the hon. Member for Argyll and Bute (Brendan O'Hara) in paying tribute to all ferry workers who have worked so hard during the pandemic. I am sure that view is shared by all Members. They have kept our vital supply lines open, externally to the United Kingdom, and internally. Life is tough at sea and on our waterways and they have done exemplary work. However, I think the sleep is beginning to fall from some voters’ eyes in Scotland; things are not quite as rosy with CalMac as the hon. Gentleman makes out. I am a huge user of CalMac ferries in my biannual holidays to either the Orkney Islands or the Western Isles. I see what is going on in Papa Westray and Westray, and on the ferries to Barra and other places. We know that there are huge problems with Scottish Ministers curtailing ferries to the Western Isles. There are huge rows about that. We know the CalMac fleet is ageing, because the Scottish Government have not invested in it over the last few years. There have been some terrible procurement problems with the SNP Government sourcing new ferries out of Port Glasgow. In particular, there are the contracts that doubled in value for two ferries; then they had to nationalise the shipbuilding yard. Governance of CalMac by the Scottish Government could be better and I hope we see that going forward.

I lend my support to the DFT’s review of Lord West of Spithead’s recommendations for the River Thames west of Westminster. I understand the Minister is currently exploring the review with officials. By allowing those businesses operating boats to continue to work upriver of Westminster pier, where traffic is much lower, Lord West’s plans may mitigate the risks, allowing these businesses and boats to continue working. While I am no expert on boat safety, I would like to note that the Port of London Authority support that plan as being within an acceptable level of risk. The proposed revisions to safety standards, especially affecting boat businesses on the Thames, have been a long time coming. The Minister will be aware that before our time covering this portfolio, there was considerable opposition to the implementation of these new regulations. The Mayor of London, MPs, Lords, GLA Members and businesses have also raised concerns about them. If enforced in their current form, they could wipe out an important part of London’s heritage.

Covid-19, having ravaged much of our economy and taken so much of our bandwidth, has not spared this sector. I ask the Minister to take away the feedback from today’s debate and show some urgency in concluding his deliberations. I hope that the Department and the Maritime and Coastguard Agency can find a proportionate response that allows these historic boats and vibrant businesses to continue to sail safely.

The hon. Member for Romford finished with a tribute, echoed by the hon. Member for Strangford, to Irish navvies, who built the Thames tunnel. On this St Patrick’s day, I think it apt that I finish with a lorica:

“Navigator, Navigator, rise up and be strong,

The morning is here and there’s work to be done,

With your pickaxe and your shovel and your old dynamite,

To shift a few tons of this earth by tonight.”

Oral Answers to Questions

Mike Kane Excerpts

Thursday 11th March 2021 Commons Chamber

[Robert Courts]

This is a Government who stand foursquare behind aviation, which is a real mark of global Britain. As I said, we have seen approximately £7 billion-worth of support going to the aviation sector. Through the global travel taskforce we will be expanding horizons even further. Most recently, the consultation has been announced on air passenger duty, which I note has not happened in Scotland.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

The Minister is strong on rhetoric, but weak on delivery. First, I thank the Secretary of State for writing to me to correct the record after our previous exchange and confirming how few times the Jet Zero Council had actually met.

On this global travel taskforce, the ONS says, as my hon. Friend the Member for Denton and Reddish (Andrew Gwynne) pointed out, that it will take three years for the sector to recovery. The Airport Operators Association is saying five years. What assurances are there that what the workstreams produce—are there any going on at the moment and is it meeting?—will be robustly implemented? We have not seen that so far with other announcements by this Government.

Air Traffic Management and Unmanned Aircraft Bill [ Lords ] (First sitting)

Mike Kane Excerpts

Committee stage & Committee Debate - 9 February 2021: House of Commons
Tuesday 9th February 2021 Public Bill Committees

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

It is a great pleasure to serve under your chairmanship, Sir Charles. Clause 1 provides a definition of “airspace change proposal”, which is referred to in clauses 2 and 3. An airspace change proposal is a proposal that

“relates to managed airspace or the flight procedures or air traffic control procedures used within it”

and which is submitted to the Civil Aviation Authority for approval. The powers in part 1 of the Bill will provide vital support for a modernisation of our airspace, helping to make journeys quicker, quieter and cleaner, and to maintain the UK’s position as a world leader in aviation. Clause 1 is required in order to provide clarity on what is within the scope of the Secretary of State’s powers to direct, which we will come to under later clauses in part 1. I therefore beg to move that this clause remain part of the Bill.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

I concur with the Minister: it is a pleasure to serve under your chairmanship, Sir Charles.

This country has a world-class aviation sector—the third largest on the planet. We want to protect that, grow it and make it better. We also want to facilitate the study of STEM subjects—science, technology, engineering and maths—for all our young people who want to go in for it. We will get past this pandemic and we will keep our eyes on the horizon, and I think that this legislation will help us to do that.

We are discussing airspace modernisation in the UK. Our airspace is an invisible part of our vital infrastructure. It was originally designed in the 1950s and ’60s and therefore needs urgent modernisation. In fact, we now have an analogue system in a digital age. It needs to be upgraded. We support that ambition, and I know that the Minister is keen on that ambition as well.

In the other place, my noble Friend Lord Rosser pointed out that not only has airspace provision not been updated in this House since the ’50s or ’60s, but the provision for drone technology—my hon. Friend the Member for Ilford South will deal with that when we get there—has not been updated since the Aviation and Maritime Security Act 1990, and he pointed out that that is closer to Yuri Gagarin’s first trip into space than it is to today. For the record, I point out that when Yuri Gagarin was the first cosmonaut, or the first human to enter the cosmos, on 12 April 1961, he came to the UK in July that year and landed at Manchester airport in my constituency. He was invited by the Amalgamated Union of Foundry Workers. He visited their offices in Moss Side after he landed in my constituency and then went on to a civic reception at Manchester Town Hall. Members can tell that I am a Mancunian to the core, so I wanted to get that on the record.

We currently have the covid crisis and there is limited air traffic, but we need to ensure that our airspace—our infrastructure in the sky—is fit for a post-pandemic world. By simplifying UK airspace, we make it more efficient, it will deliver more precise and more direct routes, prevent rising delays and reduce congestion, and, more importantly in this eco-friendly world, it will become more sustainable. The Airport Operators Association is concerned about the lack of definition in the enforcement power in the clause. Although the Government have presented this as necessary for the implementation of airspace modernisation, a current or future Secretary of State could use the power for other airspace-related purposes.

I therefore again raise my concern, as I did on the Floor of the House last week, about the scope of the powers attributed to the Secretary of State for Transport by the clause. I understand that the Minister has engaged with the AOA over its concerns. Despite his assurances about the duty to consult—there is a robust appeals process—I still have misgivings as to why the Bill should not simply have a specific definition of the powers. I therefore ask the Minister to consider this matter and perhaps explain to the Committee why that has been omitted.

[Robert Courts]

I am grateful to the hon. Gentleman for making those points. He is absolutely right to set this in an historic context, because this is an historic piece of legislation that updates an historic legacy airspace environment, and of course makes it fit for the new technology that we will discuss later. It will make a simpler, more efficient airspace.

Turning to the hon. Gentleman’s specific points on enforcements powers, his concern is that a future Secretary of State might use them for other airspace-related purposes. Any Bill has to be a balance between enabling the flexibility of the Government to take the steps required. Airspace in particular, as we will discuss when we come to drone technology, is in the vanguard of technological change, so there has to be an element of flexibility built in. I refer the hon. Gentleman and the Committee to the safeguards that exist within the remainder of this part of the Bill. I will stray from this clause in so referring to them but, with your permission, Sir Charles, I will briefly deal with them, and we will come back to them later when we get to clause 7.

There are, for example, some requirements in advance of the safeguard ever being used. It is intended to be a last resort if the airspace change is not progressed voluntarily. That is the Government’s initial intention. It is therefore to be limited, certainly at the outset. It is meant to be within the context of the CAA’s airspace strategy. The CAA’s oversight team is to work with airports before it recommends to the Secretary of State that the power is used. It is not intended to be used where there are factors outside the airspace sponsor’s control. So my first point is that before we ever get to the stage of the Secretary of State using his powers, there are numerous steps that ought to be taken in advance.

The Secretary of State’s reasons for so acting under clause 4 are expected to be in writing and are published, so there is democratic and press scrutiny of any such decision. We will come to clause 7 and enforcement and appeals in due course, but I will briefly refer to them now to address the point that the hon. Gentleman made. There are grounds for an appeal to the Competition Appeal Tribunals: an error of fact that the decision was wrong in law, or discretion was exercised, but an error was made in the context of that discretion being exercised. This is a balanced act. There is a considerable amount of consultation or engagement in advance, and various safeguards are built in, which are very much on a par with what we seek in other regulatory spheres. For those reasons, I submit that no further definition is required.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

--- Later in debate ---

[Robert Courts]

This clause gives the Secretary of State the power to direct a person involved in airspace change, following the consultation I referred to a moment ago, to prepare or submit an airspace change proposal to the CAA or take steps to obtain its approval following submission or to review its operation following implementation.

These powers will ensure that airspace change proposals that assist in delivery of the CAA’s airspace strategy can be taken forward if a sponsor does not do so voluntarily. We intend the powers to be used, at least initially, to deliver changes identified in the airspace change masterplan, as the intention is for this to be incorporated into the CAA’s airspace strategy. This will ensure that airspace modernisation can be achieved to deliver quicker, quieter and cleaner journeys.

Without this clause, the Secretary of State would not be able to ensure that airspace change proposals identified as being important in helping to deliver the CAA’s airspace strategy are taken forward. That would mean that an airport could hold up other airports if their airspace change proposals were interdependent, as many are and would be. The full benefits of modernisation would therefore not be realised without those powers.

[Mike Kane]

This takes us to the crux of the Bill. Upgrading UK airspace is a complex process at the best of times and in normal times, but we do not have normal times. It has to be paid for and delivered by the industry. While we support that, national air traffic control is responsible for modernisation of the en route network. Airports modernise approach and departure routes in their local airspace, through a process set out by the Civil Aviation Authority publication CAP1616. As modernisation is complex, particularly in the south-east of England, where there are high levels of interdependence between airports sharing the same airspace, the industry is committed to working to a masterplan. We know that the process is managed through the Airspace Change Organising Group, with oversight from the CAA, the DFT and, therefore, the Minister.

The pandemic has caused some of this work to slow down, which is my concern. The Minister knows that I have pushed him on this publicly and privately. Airports in the UK are close to mothballing at the moment—I am not going to be critical. We have asked for an aviation-specific support package, and I know that the Government have given some packages to airports and airlines, but we know they are in big trouble. They are huge capital assets that are bleeding cash as we speak and getting no passengers through, which is their key revenue. They are now beginning to shut down their airspace change teams—if not today, then in the next few weeks, if the Government’s package does not come through.

The Airspace Change Organising Group is still waiting for the funding promised last year by the Chancellor to continue its work. Without that, the modernisation of the UK’s airspace, where we have the third biggest industry on the planet, world beating and world leading, will fail. The impact of covid on the industry’s finances makes paying for the programme even more difficult. The Airport Operators Association has suggested that the Government should consider helping out with the costs, as airports lead the way for our UK economy out of the pandemic.

The Minister and I share the same enthusiasm for this, and we both agree that there is an urgent requirement for airspace to be modernised in order to achieve the environmental, noise and operational benefits. Therefore, I cannot see how the Bill will ensure that will happen. How can this clause ensure that Government direction will be followed when the sector simply does not have the means to pay for it currently? That is my main point for the Minister today.

[Robert Courts]

Clearly, the Government recognise the great challenge that the aviation sector faces at the moment. I will not rehearse the wide economic measures that the Government have undertaken in order to support all businesses—I know that the shadow Minister is aware of those and I would drift a long way from the purpose of the Bill if I did rehearse them. However, I will refer to the business rates relief that we introduced recently, and I will observe that, although covid is clearly having a substantial impact on the industry, aviation will recover in the long term. It will remain a central part of the UK—of its trade policy, its strategy and its place in the world. It is a successful—indeed, world-leading—industry, as the hon. Gentleman quite rightly referred to it, and I am confident that it will return to that place in due course.

It is a long-standing policy that those who benefit from an aviation policy—air passengers—ought to pay for it. It is therefore right that we continue that policy within the context of the Bill. However, in the event that there are some aspects in relation to which the Government might consider taking an alternative view when looking for the ability to fund airspace change, the ability to fund will need to be taken into account in deciding whether or not to give such a direction, because that is what we are dealing with here—whether the Secretary of State directs that an airport should bring an airspace change forward. The Secretary of State will continue to consider the ability to fund as a part of that process.

The Government recognise that there may be occasions when small airports require financial assistance to carry out some aspects of an airspace change proposal. We would expect the CAA’s oversight team to work with the airport operator before recommending that the Secretary of State use those powers in the first place with regard to an airspace change proposal. If at that time the airport operator expressed concern that it did not have sufficient funding for it to proceed with a particular proposal, we would expect that oversight team to suggest alternative solutions.

There are a number of possible alternative solutions, and I will quickly refer to them: an alternative sponsor might pay for the changes; or there might be alternative funding support; or there may be, on a case-by-case basis, Government funding under section 34(1)(b) of the Civil Aviation Act 1982, if an ACP were to have an adverse financial impact. We are a long way away from that circumstance, as there are a number of steps that we could take in due course. In any event, the funding—the payment basis—would be taken into account before it is directed that those powers are exercised.

[Mike Kane]

I thank the Minister for that response. I think that we will have numerous conversations in the months ahead about the mechanisms, which he has quite rightly outlined, that he can use to bring forward the airspace modernisation programme. We must not fail on this programme, because it is vital for the industry, including for its confidence as we bounce back post pandemic, hopefully later this year. I will continue to hold the Minister’s feet to the fire on this issue, if he does not mind—and I will do so even if he does mind.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Clause 3

Direction to co-operate in airspace change proposal

Question proposed, That the clause stand part of the Bill.

[Robert Courts]

This clause gives the Secretary of State a power to direct a person involved in airspace change to co-operate with another person involved in airspace change. This direction might be needed if, for example, the original sponsor was unable to progress an airspace change proposal, so that someone else agrees to progress it but requires assistance from the original sponsor in order to do so.

Without the clause, an ACP that was identified as being important in delivering the CAA’s airspace strategy may not be taken forward if the original sponsor is unwilling, or unable, for any reason—such as those we have touched on already, or for other reasons—to take the ACP forward. The clause is therefore important to ensure that if an alternative sponsor were to become involved in progressing an ACP, the original sponsor can be compelled, if necessary, to co-operate in ways that the Secretary of State considers appropriate, such as providing information and documents to enable that ACP to progress.

Again, this measure is intended to ensure that airspace modernisation can be achieved quickly, in order to deliver the quicker, quieter and cleaner journeys that we would all like to see.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clause 4

Directions under sections 2 and 3: supplemental

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Robert Courts]

This clause gives the Secretary of State powers to delegate the Secretary of State’s functions under clauses 2 to 4 to the CAA, with a notice of this in writing to be published by the CAA. It enables the Secretary of State’s direction-making powers to be delegated to the CAA should this prove to be desirable in the future.

The CAA, as the national airspace regulator, has the expertise to take on this role if so required. Given that both the Secretary of State and the CAA have various roles in relation to airspace change, it is clear that appropriate internal governance structures would need to be put in place in both organisations to manage any possible conflict of interest risks, as required.

Without the clause, the Secretary of State would lack the flexibility to be able to delegate functions to the CAA, and would therefore need to amend this primary legislation should it prove desirable in the future to delegate such functions. Although such circumstances are not currently foreseen, a lack of flexibility could risk delivering the CAA’s airspace strategy and the successful delivery of the airspace modernisation programme if circumstances arise in the future whereby the Secretary of State was no longer better placed to exercise those direction-making powers.

[Mike Kane]

As the Minister eloquently outlines, this will give the Secretary of State the power to delegate to the CAA. However, the Minister will be aware that the Airport Operators Association believes that there is a fundamental conflict of interest with this proposal, and I would like to explore that for a few minutes. The Government have sought to reassure Parliament and the industry that appropriate separation would be maintained with the CAA in the exercise of these functions. Although there may be a significant extent to which this is possible in theory, it fails to address the perception challenge. In particular, the regulator is opened up to criticism for bias from parties which have agreed with the specific CAP1616 policies I referred to earlier being mandated. Some communities around airports already believe that the CAA is biased towards industry, and this would help neither that perception, nor the importance of rebuilding trust between the aviation sector industry, the regulators and communities.

When we debated the Bill on the Floor of the House last week, a number of colleagues on the Government Benches pointed out that communities often feel overlooked when it comes to airspace change and noise. I know this is of particular concern to a number of Conservative Members who raised it last week.

Could there be a conflict of interest where the Secretary of State can delegate power to enforce a programme to the CAA? Does the Minister think that? Does the Minister agree with the Airport Operators Association that the CAA is established to act as a neutral adjudicator of CAP1616 proposals? If the regulator is asked to enforce an ACP, is it being asked to mandate an application that it will have to make a judgment of suitability on? Is there a conflict of interest with the CAA being delegated enforcement powers when it is also responsible for making the judgment on suitability? It appears that it will act as both judge and jury, and I hope that the Minister will explore that conflict today.

[Robert Courts]

I am grateful to the hon. Gentleman for raising those points. There are a number of answers that I will give—perhaps three. First, there is the safeguard to which I referred to at the beginning of our debate, which is an overarching safeguard in any event against any decision that is made. Secondly, there is the CAP1616 process, which stands out with this Bill. It is a consultation process that started in 2018, so it is relatively recent. That will enable a great deal more consultation for local communities than in the past, and will help to manage such concerns.

With regards to the thrust of the hon. Gentleman’s points on the internal potential for a conflict of interest, I accept that in delegatory responsibility terms there will be a need to ensure that such governance structures are in place. I stress that we do not plan to delegate these at present, but that is in order to build in flexibility for the Bill in future. Such internal governance structures would need to be put in place to manage any potential conflict to which, quite rightly, he alerts us.

The CAA has already created an internal governance structure that separates out its role in tracking airspace change proposals and advising on the use, powers and decisions on ACPs. For example, this includes different directors, with decision making kept separate up to board level. The CAA is able to create a new team to take on responsibilities related to directing an ACP, should this power be delegated to it by the Secretary of State. Those structures will need to be created; I am confident that they can be.

Question put and agreed to.

Clause 5 accordingly ordered to stand part of the Bill.

Clause 6

Provision of information

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Robert Courts]

This is a slightly difficult aspect and, if I may, I will add one or two extra words. As it is slightly complicated, it is worth going through it slowly.

Council Regulation (EEC) No. 95/93 requires airlines with allocated slots at level 3 airports to use those slots at least 80% of the time in the preceding scheduling period, in order to retain that slot in the upcoming equivalent period. Prior to the covid-19 pandemic, that 80:20 rule of “use it or lose it” helped to encourage efficient use of scarce airport capacity. It also allowed a degree of flexibility for airlines and their operations. There are eight slot-constrained airports in the UK, to which the 80:20 rule applies: Birmingham, Bristol, Gatwick, Heathrow, London City, Luton, Manchester and Stansted.

Due to the unprecedented impact of covid-19, in March last year, the European Commission took the decision to waive the 80:20 rule. Airport co-ordinators were instructed under that waiver, when determining slot allocation for the upcoming summer season, to consider slots as having been operated, regardless of whether they were used. That covered the summer 2020 season and was subsequently extended to cover winter 2020-21.

The UK supported the European Commission’s position. Without that alleviation, airlines may have incurred significant financial costs by operating flights at low-load factors needed to retain those slots. Alleviation has helped to protect future connectivity and airline finances, and reduced the risk of empty or near-empty ghost flights being run to retain the slots, which would have a financial impact on airlines as well as an environmental impact. We anticipate that the effects of covid-19 on the airline industry will regrettably continue for some time. Passenger demand is not predicted to return to 2019 levels until at least 2023.

After the EU transition period ended on 31 December, regulation 95/93 was retained in UK law. However, when it was retained, the power of the Commission to extend the period of alleviation from the 80:20 rule, which was transferred to the Secretary of State, was expressly limited to 2 April 2021. We expect disruption to air travel to continue for a number of years, so it is imperative that the UK has at its disposal the powers to provide alleviation, should the evidence suggest that that is warranted.

Returning to the 80:20 rule, while the covid-19 disruption continues, it might mean that some airlines will protect their commercial interest in retaining their slots by operating fights with empty or near-empty aircraft, despite the associated costs, both financial and environmental. Without this clause, the Government would be unable to provide flexibility on slot usage to deal with the ongoing impacts of the covid-19 pandemic at slot co-ordinated airports beyond the summer 2021 season. That flexibility will also provide certainty, to enable airlines to manage their slots efficiently.

This clause inserts a new article, 10aa, into retained Council regulation 95/93 of 18 January 1993 on common rules for the allocation of slots in UK airports. This would provide the Secretary of State with a power to provide air carriers with an alleviation of the requirement to operate slots allocated to them 80% of the time in order to retain those slots in the next equivalent scheduling period. This power would be exercisable until 24 August 2024—so it is time limited—and for scheduling periods up to and including winter 2024-25. To allow for flexibility, this clause also includes powers to modify the 80% requirement relating to slots usage, which will be an alternative to applying a full alleviation of the 80:20 rule for a specified scheduling season. This recognises that there might be alternative ratios that could be applied to ensure the efficient use of slots, and then moving back to 80:20 as demand recovers. The Secretary of State will also be able to make certain other modifications to the slot usage rule: for example, setting a deadline for the return of slots not intended for operation, or providing that a waiver should not apply to slots of an airline that ceases operations at an airport.

This clause will also allow the Secretary of State to make certain other changes to the operation of the rules relating to the allocation of slots under regulation 95-93. For example, the Government could change co-ordination parameters to reflect partial closures of airports, adopt temporary rules for the most efficient allocation of unused slots to new entrants, or give the slot co-ordinator enforcement powers, such as where unused slots are not returned with sufficient time to enable them to be effectively re-allocated. Having the powers to vary the 80:20 ratio and modify the operation of the rule in this way will allow appropriate measures to support the sector’s recovery as passenger demand for flights returns. Any such changes would be based on an assessment of the current situation, and would be supported by evidence based on the latest available data.

[Mike Kane]

The Minister was right to spend a little extra time focusing on this clause, because it will be extraordinarily important in the years to come, as the aviation sector tries to recover. It came into focus this year that one of our national carriers was not acting in the national interest, by using the pandemic to change the terms and conditions of tens of thousands of its workforce. National carriers should always act in the national interest. I am glad to see that some of that damage between the workforce and the management is currently being repaired.

However, it was this national carrier’s grandfathered rights—particularly at Heathrow, and the way it wanted to retain its rights at Gatwick but move out its operation—that brought this issue into focus. Again, it did not seem fair or right to use what is almost a monopoly bias in what, in my opinion, is a very large closed shop when it comes to slots. If I remember rightly, in “Henry V”, when the Archbishop of Canterbury is trying to explain female hereditary rights in Salic law, Shakespeare says something that we could also say about airport slots: it is as clear as mud. I am afraid that is what airport slots are, which is why I think this will be dodgy territory—not party-politically dodgy territory in particular, but for the Secretary of State and the Minister over the next four or five years, whoever they are.

--- Later in debate ---

[Robert Courts]

I am grateful to the hon. Gentleman for those points. I enjoyed his Shakespearean reference, and I understand it entirely. This is a rather tricky part of the Bill and it took a while for us all to get our heads around it, particularly where the statutory instruments fit in, earlier in the year. He raises a number of points, and it is important to distinguish between what we are dealing with here and the wider policy aspect.

The issue of which airline has which slot is dealt with by Airport Coordination Ltd, independently of Government. The hon. Gentleman refers to a carrier being perceived to have not acted in the national interest. The Government do not involve themselves in that; it is dealt with by ACL. The wider future policy aspect is another matter, which I will come to in due course. However, he refers to grandfather rights, which I will deal with at this stage.

Obviously, we recognise that we have the ability to change the policy now that we have left the European Union’s transition period, and we will look at future slots policy in due course. Clearly, any further amendment of policy will require significant consultation and engagement with industry, and will require a good long look at what the ongoing policy will be. We are dealing here with the extraordinary times in which we live, in order to cope with the suppressed demand. There are slightly different imperatives between what we are dealing with today and what the hon. Gentleman is pressing me to look at. It is more a question of where and how we look at it. I suggest that it is not appropriate to look at that issue here.

The hon. Gentleman asks me if the date can be brought forward. The date is there because that is the date of the expected demand recovery that I referred to in my opening remarks. It means that, regrettably, we are not expecting demand to recover to 2019 levels until around 2023, or roughly that time. That means that the date in the Bill is what is required to enable that power to exist, should we require it. That date is in there because of the time taken to recover. I will add two points. First, any such decision has to be taken on the basis of data and market conditions at the time. I hope that is a reassuring factor for hon. Members. Secondly, this is a power and not an obligation. If the Secretary of State looked at that data and decided that the power was required, it would be open to him or her to exercise that power. The fact that the power is there does not mean that it has to be used. That is the reason it is there. As for conferring an unfair advantage, the power gives the opportunity for conditions to be attached. There is greater flexibility with regards to the wider policy perspective in the Bill than at present. We would have to go further into primary legislation after the usual process if we wanted to do anything further. I hope that gives the hon. Gentleman the reassurance that we have done what we can at this time and some reassurance as to the reason for the timescale.

[Mike Kane]

I am grateful to the Minister for his considered explanation. I hope that, in the cross-party nature of getting this right, he will commit to keeping an open mind about ensuring that new operators coming into the market will not be competitively disadvantaged by the clause. I want to work with him on that over the next few years to make sure that that is not the case and that we reactivate our aviation industry from this pandemic as soon as we possibly can.

[Robert Courts]

I welcome the hon. Gentleman’s comment and the constructive nature of that engagement. I am committed to working with him to ensure that we get future aviation policy right.

--- Later in debate ---

[Robert Courts]

Clause 13 introduces schedule 8 to the Bill. This makes provision about general powers of police officers in relation to offences involving the use of unmanned aircraft and also amends sections 93 and 94 of the Police Act 1997. Without this clause, schedule 8 would not form part of the Bill.

Schedule 8 provides the police, the civil nuclear constabulary, and custodial institutions with the powers they need to protect the public from the unlawful use of unmanned aircraft. Schedule 8 contains powers for a police constable: first, the power to require a person to ground an unmanned aircraft if they have reasonable grounds for believing that person to be controlling it and if they have reasonable grounds for suspecting that it has been, is or is likely to be, used in the commission of an offence; secondly, the power to stop and search persons or vehicles where the constable has reasonable grounds for suspecting they will find an unmanned aircraft, and that it is or has been involved in the commission of certain offences under the Air Navigation Order 2016 or a relevant prison offence, such as assisting a prisoner to escape or conveying illicit articles into or out of a prison; and also, the power to enter and search premises under warrant.

Schedule 8 also amends section 93 of the Police Act 1997 so that counter-unmanned aircraft technology, which involves interference with property or wireless telegraphy, can be authorised in relation to certain offences involving unmanned aircraft. The Police Act 1997 is also amended so that the CNC and specified officers and staff in custodial institutions such as prisons may authorise this technology in relation to certain offences involving unmanned aircraft. Such unlawful use of unmanned aircraft can pose safety and national security risks, particularly around critical national infrastructure and prisons. For example, serious and organised crime groups currently use unmanned aircraft to deliver contraband into prisons, which threatens safety, destabilises prisons and undermines the efforts of hard-working staff and prison officers in delivering effective rehabilitative regimes.

It is therefore essential that custodial institutions are able to disrupt the supply of contraband by criminal gangs using unmanned aircraft and to maintain the security and the safety of prisons and their staff. Similarly, civil nuclear sites, which include some of the UK’s most sensitive assets, must be protected from unlawful unmanned aircraft use. The powers in the schedule enable the CNC to respond more effectively to unmanned aircraft incidents at civil nuclear sites. Stop-and-search powers and powers of entry and search under warrant are necessary for the police to be able to investigate offences effectively.

Take a scenario in which an unmanned aircraft is being flown in the flight restriction zone of a protected aerodrome. The police arriving at the scene suspect that they have identified the individual who was the remote pilot. The constable suspects the remote pilot has breached article 94A of the ANO 2016—the navigation order—by flying at or near the aerodrome without permission. However, the remote pilot has already ceased flying and put the unmanned aircraft in their car. Currently, the police have no powers to search the car for the unmanned aircraft, so no action can be taken. The powers in the Bill would permit the vehicle to be searched in such circumstances. Without the schedule, the ability of police, prison officers and the CNC to protect the public and our critical national infrastructure and prisons from the unlawful use of unmanned aircraft would be limited.

Briefly, Government amendment 2 to schedule 8 is a simple amendment to correct an omission in the Bill. Paragraph 5 of schedule 8 sets out the meaning of a “relevant unmanned aircraft offence”. As currently drafted, the offences in the Air Navigation Order 2016 included in the definition are summary only offences. In relation to Scotland, the definition should also include offences in the ANO 2016, which are triable either way or on indictment. Such offences were included in the definition of “relevant offences” in the Bill as introduced in the other place in January 2020. They were inadvertently omitted from the Government’s amendments tabled on Report in the other place, when the provisions setting out the definitions that apply in relation to the power to enter and search under warrant, and the supplementary power to retain evidence seized, were restructured.

If the amendment is not accepted, there would be no power for a justice of the peace, a summary sheriff or a sheriff in Scotland to issue to a constable a warrant to enter and search premises in relation to offences in the ANO that relate to unmanned aircraft and that can be tried under indictment. Nor would the supplementary power for a constable to retain items seized using powers in schedule 8 for forensic examination, investigation or as evidence at a trial apply in relation to such offences. The policy intention behind the Bill remains unchanged, and the amendment would not add to any offences or powers that were not already in the Bill as it was introduced in January 2020.

[Mike Kane]

The rapid deployment of drone technology offers great benefits for society, but as the Minister points out, it can also pose great threats. Clause 13, which deals with the powers of police officers and prison officers, is important. When the right hon. Member for Maidenhead (Mrs May) was Prime Minister in 2018, Gatwick was brought to a complete halt by the use of drones, and we did not have the powers to stop it. The Opposition are supportive of the clause. The Minister and I cover the Maritime and Coastguard Authority, and the potential of drones in search-and-rescue operations—particularly some of the technology that great British manufacturers such as Airbus are developing to help with rescue operations on land and at sea—in the years ahead is really exciting.

We support the additional powers. We agree with the British Airline Pilots Association and others that the powers are proportionate to the threat that unmanned aerial vehicles pose. There is a concern that the deterrents might not be a factor if the police are not sufficiently resourced for the powers, and I have some questions for the Minister. Do the police have the capability to bring down drones? We want to be tough on drones and tough on the causes of drones in the wrong places. Do the police have the resources to detect misuse and breaches of protected airspace? A final worry is whether this legislation will keep up to date with the rapidly changing use of unmanned vehicles in the UK.

--- Later in debate ---

[The Chair]

Might I say that I think I heard the Minister make a point of order? That is what I was meant to hear. That was not entirely a point of order, Minister, but it was rather brilliantly put.

[Mike Kane]

On a point of order, Sir Charles. The American sociologist Margaret Mead said we should never doubt that a small group of committed people could change the world, because nothing else in history ever has done. Well done to all Members today; there was thorough scrutiny of the Bill.

I thank my hon. Friend the Member for Ilford South and his staff for helping with the heavy lifting, and the Whips for keeping us safe. Today, democracy was seen to be done and to be in action, despite the pandemic. Sir Charles, thank you for your excellent chairing. To the Department for Transport civil servants and the Clerks of the House, my heartfelt thanks.

Air Traffic Management and Unmanned Aircraft Bill [Lords]

Mike Kane Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 2nd February 2021 Commons Chamber

[Mike Kane (Wythenshawe and Sale East) (Lab)]

Mr Deputy Speaker, that is very sad news indeed. Some people are born great, some people achieve greatness, and some have greatness thrust upon them. I think Sir Tom was probably all three of those things; I am sure the Minister will concur when he comes back to the Dispatch Box a little later. He was an inspiration to the whole nation at a time of crisis, and a real candle in the gloom for the British people. I wholeheartedly concur with your comments, Mr Deputy Speaker.

It is great that you are chairing this debate, Mr Deputy Speaker, because I know personally of your aviation expertise. You have been a great support to me, as the constituency MP for Manchester airport over the years, as I chaired the friends of Manchester airport group. I have been genuinely grateful for all your help throughout that time.

Turning to the matter at hand, I must first thank Members of the other place for their tireless and diligent work in getting this important Bill through to this stage. It was certainly a long process there, but we can all largely agree that it was well worth it in the end. As the Minister has said, the Bill will grant the Government powers to modernise UK airspace, update the licensing of air traffic control and give police new powers over the misuse of drones. Those three areas have all been in need of updating in recent years, so I am pleased to support the Bill receiving its Second Reading today and look forward to it completing its remaining stages.

I share the Minister’s ambition for airspace modernisation. The country has essentially been managing its airspace with analogue technology from the previous century, with piecemeal updates as demand ballooned over the past few decades—an analogue system in a digital age.

I commend the Civil Aviation Authority, which is nearing its 50th anniversary, for everything it has done and continues to do to maintain exemplary safety standards in the sector, such that, as the now-cliched line goes, the riskiest part of flying has become going to and from the airport. Our creaking airspace management has many inefficiencies, most importantly constraints on the volume of flights and needless burning of extra fuel as jets circle round and round before landing. Clearly, few of us need convincing that modernising the airspace should be a priority, and the Bill provides the Department for Transport with powers to ensure that that happens. I fully support that principle.

The second part of the Bill, which involves the regulation of air traffic control services, is also welcome, though the circumstances that brought it about are not: two recent air traffic system failures, a voice communication system failure in December 2013 and a computer system failure in December 2014. I was thankful that there were no accidents or safety concerns over the handling of the incidents themselves.

The Minister and I have discussed airport slots at length, including during consideration of a recent statutory instrument on the temporary extension of a waiver on slot regulations owing to the covid-19 pandemic. I am content that the Bill, through clause 12, will continue to provide the Government with the tools to tackle airport slot allocations issues arising from the pandemic.

The third part of the Bill—providing further police powers over the use of unmanned aircraft—is long overdue. As technology has moved on, drones have become more common, and it was only a matter of time before an incident such as that at Gatwick airport in 2018 disrupted air traffic. Such incidents and others, at prisons and elsewhere, will only increase if the use of drones is not more adequately policed. I therefore welcome the additional police powers in the Bill.

We support the principles in the Bill, but there are a few areas of concern, which I hope to work on with the Minister and Members in Committee. Principally, I have concerns about the scope of the powers that will be conferred on the Secretary of State for Transport by part 1; the Minister referred to that in his speech. If a specific definition of the Government’s enforcement powers is not set down, this Department, or a future Department, might be able to use them for other airspace purposes. That issue was raised by the Airport Operators Association and I ask the Minister to address it. Why is the scope of the power so broad?

The second issue, bluntly, is where the money will come from for this airspace change programme. I understand that this is not a money Bill and things might have changed recently, but ACOG—the Airspace Change Organising Group, which is managing this ambitious modernisation programme—has not received full funding promised by the Government to proceed with its work. The Minister might care to address that point.

It is necessary to acknowledge that capital spending is at a record low in an aviation sector that has been so thoroughly gutted by the covid-19 pandemic. It may be a step too far to require airports to stump up the cash for this at the current time. It seems to me that the Government could start the process. Has the Minister considered funding phase 1 of the programme? Is he looking at mechanisms to finance this vital airspace change programme?

Finally for today, I would like to raise a query about the Bill providing the police with greater powers to enforce unmanned aircraft safety. My concerns are that this is not matched with the appropriate resource to effectively use these new powers. While this is out of the scope of the Bill, I ask the Minister what further steps he and his Department will take to ensure that the correct investment and resource are made available by Government. I look forward to working with the Minister and Members of the House to bring this important and timely Bill through to the next stages.

--- Later in debate ---

[Mike Kane]

Before summing up the debate, I would like once again to offer Her Majesty’s official Opposition’s condolences to the family and friends of Sir Tom Moore. While we hurt today, he reminded us that tomorrow will be a better day.

It has been a terrific debate—really well informed and the House at its best. As the hon. Member for Strangford (Jim Shannon) said, it is about co-operation and trying to get our aviation sector to a better place in a difficult time. I thank the Members who have contributed today. The hon. Member for South West Bedfordshire (Andrew Selous) said that our airways are part of our critical national infrastructure, and that is how we should treat them. Let us make sure that we improve them. If there is a hold-up at Treasury, as he says, let us get past that and do this for the good of the industry and the country.

As the hon. Member for Paisley and Renfrewshire North (Gavin Newlands) said, while drones can be a force for good in the world, they can be a force for evil, with malicious use by the drug barons and others, and that is why we need to have better police powers, which are intended to be in this Bill.

The right hon. Member for Ludlow (Philip Dunne) said it is crucial we find a way to redress the environmental impact of aviation. Nobody would be against that and that is what we all seek to do. My right hon. Friend the Member for Hayes and Harlington (John McDonnell) has grappled with the issues of having one of the world’s major airports in his constituency. The approach is piecemeal to a certain extent, and we do need a comprehensive strategy, and let us hope we get there in the near future.

The hon. Member for Sedgefield (Paul Howell) has expertise and is a pilot himself. He spoke of a single authority to broker co-operation. That is what the Bill hopes to achieve. Airspace modernisation will be a benefit for small craft such as the one he flies; as it happens, I am sure the Secretary of State will also be pleased by that. He also rightly pointed out the effect of the pandemic on regional airports. While we welcome the business rates support, we know that for some airports that hardly touched the sides, and I will come back to that point in a second.

The hon. Member for South Antrim (Paul Girvan) spoke about quicker, quieter, cleaner journeys, and that is what is required. The hon. Member for St Austell and Newquay (Steve Double), whom I praise for his work as chair of the all-party parliamentary group on general aviation, said that the best days lie ahead for aviation, and I believe that. With electric flights, hydrogen flights and clean fuel flights, there is the opportunity to modernise. Labour has called for a further sector-specific deal, and he echoed that by saying that further support is required and not only in aviation. As he mentioned, we can inspire our young people into STEM subjects and the industry.

The hon. Member for Richmond Park (Sarah Olney) rightly pointed out that we enable residents to have a say through consultation, and that is important. That point was echoed by the hon. Member for North East Bedfordshire (Richard Fuller). It is unimaginable that the airspace above the constituency of the hon. Member for Edinburgh West (Christine Jardine) has not been modernised since the 1950s. Since then, Yuri Gagarin went into space and Neil Armstrong landed on the moon. It is time for this legislation.

As ever, my good friend the hon. Member for Strangford spoke about the immense benefits that drone technology will bring to the Northern Ireland economy. The Minister and I cover maritime as well, and there is just the search and rescue capability we have not even thought of that can be inspired by drone technology and, again, we hope to see that come on stream.

The hon. Member for Warrington South (Andy Carter), whose airport lies between Manchester’s in my constituency and John Lennon airport, is right. Our skies are packed in good times, and we need better co-ordination. He said it: we need to set our eyes on the horizon and to be looking 50 years ahead. The hon. Member for Newcastle-under-Lyme (Aaron Bell) said we need to future-proof our airspace for the world we want to see again. Finally, the hon. Member for Watford (Dean Russell), who has just spoken about his real lived experience of working in an airport—there is nothing quite like it—said that security, safety and the passenger experience have to be at the heart of what we do. I hope that we can explore some of those themes further in the Bill Committee.

Transport

Mike Kane Excerpts

Monday 1st February 2021 Ministerial Corrections

The following is an extract from oral questions to the Secretary of State for Transport on Thursday 28 January 2021.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

With our borders open and our schools closed and the Prime Minister introducing new quarantine measures, the recent aviation test and release announcement is now in tatters. We want to decarbonise and we want to give the industry confidence, but the Jet Zero Council, much lauded by the Prime Minister, has met only once and has no workstreams and the Government are dithering over financing the airspace modernisation programme. When will the Secretary of State step up?

[Grant Shapps]

I am disappointed that the hon. Gentleman missed my speech yesterday at Davos where I addressed that subject in detail. In fact, I want to correct the record of the House: the Jet Zero Council has actually met on two occasions and—wait for the punchline—has sub-committees that have met on many occasions, because they are the work horses of the Jet Zero Council and they bring together academia, the sector itself, Government and international partners to deliver zero-carbon flight by 2020. I refer him to my speech of yesterday, which he can get to from my tweet at @grantshapps.

[Official Report, 28 January 2021, Vol. 688, c. 537.]

Letter of correction from the Secretary of State for Transport:

An error has been identified in my response to the hon. Member for Wythenshawe and Sale East (Mike Kane).

The correct response should have been:

Oral Answers to Questions

Mike Kane Excerpts

Thursday 28th January 2021 Commons Chamber

[Mike Kane (Wythenshawe and Sale East) (Lab)]

With our borders open and our schools closed and the Prime Minister introducing new quarantine measures, the recent aviation test and release announcement is now in tatters. We want to decarbonise and we want to give the industry confidence, but the Jet Zero Council, much lauded by the Prime Minister, has met only once and has no workstreams and the Government are dithering over financing the airspace modernisation programme. When will the Secretary of State step up?

[Grant Shapps]

I am disappointed that the hon. Gentleman missed my speech yesterday at Davos where I addressed that subject in detail. In fact, I want to correct the record of the House: the Jet Zero Council has actually met on two occasions and—wait for the punchline—has sub-committees that have met on many occasions, because they are the work horses of the Jet Zero Council and they bring together academia, the sector itself, Government and international partners to deliver zero-carbon flight by 2020. I refer him to my speech of yesterday, which he can get to from my tweet at @grantshapps.[Official Report, 1 February 2021, Vol. 688, c. 5MC.]

Operation of Air Services (Amendment) (EU Exit) Regulations 2020

Mike Kane Excerpts

Wednesday 20th January 2021 General Committees

[Mike Kane (Wythenshawe and Sale East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Pritchard, as ever.

We welcome this statutory instrument, which brings the updated EU regulation into UK law and ensures that the current temporary provision can continue as it is today, allowing for airlines to retain their operating licences for ground handling services to go on uninterrupted as the aviation sector continues to work through this critical time. Over the next weeks and months, it is going to be all about resilience for the industry.

As the constituency MP for Manchester airport, I was pleased to be asked by Government to serve on the Government taskforce when Thomas Cook collapsed. I want to place on record my gratitude to the former Business Secretary, the Department for Transport and others across Government for their support to staff, suppliers, stranded holidaymakers and many former employees who live in my constituency.

The airline’s collapse hit hard, with hundreds of dedicated long-term staff suddenly out of work. We are facing a similar situation in the current pandemic. We had already seen this happen in years past, with Monarch and the swift demise of Flybe. There is much work to be done to ensure that airline finances are more resilient. I look forward to working with Ministers and Government to ensure that that is the case, to prevent even more jobs and routes being lost to the UK. We have a world-class aviation sector and we need to keep it that way.

It is right that these regulations extend UK operating licences now, to remove the financial burden and give airlines a fighting chance of survival. That brings me to my recurring request—a request echoed by every major airline, airport and ground handling service company across the UK. Those pleas seem to have fallen on deaf ears at Her Majesty’s Treasury. The sector will not survive, certainly not as a global leader, without more support from Government.

I must mention my support for the Treasury’s recently announced business rates relief for airports and ground handling services. Although those moneys are close to bridging the gaps in the sector, I urge the Minister to go back to the Treasury and work with it to provide a robust financial support package for the industry, to help the UK once again fly as a world leader. We want that sector-specific deal and are still calling for it on this side of the House.

The sector is still waiting for the Government to set out a clear plan for how they expect restrictions can be lifted with the vaccine roll-out. We need certainty and confidence if the sector is to take off and regain its place as a bastion of the British economy.

DrAFT Airports Slot Allocation (AMENDMENT) (EU EXIT) REGULATIONS 2021

Mike Kane Excerpts

Tuesday 12th January 2021 General Committees

[Mike Kane (Wythenshawe and Sale East) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Eagle. I, too, congratulate you on your richly deserved honour in the new year’s honours list. I was a huge fan of yours long before I came to Parliament, and my time in Parliament has confirmed my opinion that, over many years in the House, you have exercised one of the most forensic minds, either in government or holding Government to account, so it is a real pleasure to congratulate you on your honour.

I concur with the Minister and share my regret on hearing the news of the plane crash in Indonesia at the weekend. My thoughts are with the families of those who lost loved ones. By its nature, aviation is a global industry; people from all over the world will be affected by the crash and we stand in solidarity with them.

I welcome the transposition of the EU regulation into UK law via the instrument before the Committee. It ensures that the current process can continue as it is today, giving certainty to the industry at such a critical time during the pandemic response. Ultimately, with the world slot allocation guidelines having recently been updated, and the UK Government’s intention to review slot allocation in the Green Paper on the aviation 2050 strategy, published in December 2018, a wider review of how slot allocation should work in the future will need to be undertaken. I look forward to working with the Minister as he undertakes that work and the review of the role the Government should play in future slot allocation changes.

Realistically, however, aviation is going to be grounded for much of the first quarter. The spring and summer will be truly vital. The industry cannot afford a lost summer, or the chances of failures will become very real. A real focus is needed on extra short-term support, which the Opposition have called for, and on making sure that we have the best possible testing regime in place for when bans are finally lifted.

I welcome the Treasury’s business rates relief for airports and ground services. However, that does not make a dent in the side; the entire sector continues to bleed cash—airports, ground handlers and airlines. The Government can and must do more, as promised last year, and announce a robust specific aviation financial deal. The Government must now set out a clear plan for how they expect restrictions can be lifted with the vaccine roll-out, so that the industry can have certainty to rebuild on. Frankly, if we need to come back here and extend the regulations, we will have failed. Hand in glove with that, I also look forward to working with the Minister on airspace modernisation, which will be a vital part of upgrading the analogue infrastructure to the digital age for our aviation industries and give a much-needed boost of confidence to our world-class sector here in the UK.

Draft Unmanned Aircraft (amendment) (EU Exit) Regulations 2020

Mike Kane Excerpts

Wednesday 9th December 2020 General Committees

[Mike Kane (Wythenshawe and Sale East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Rosindell. I would like to place on the record my thanks for your chairmanship of the Chagos Islands (British Indian Ocean Territory) all-party parliamentary group. As you know, I have a significant community in my aviation constituency who work at Manchester airport, and it has been a great pleasure to work with you on that issue over the years.

I can see that Members across the room are absolutely riveted by this delegated legislation. Thank God we are doing the Prime Minister’s work for him today and this is not part of the subject of the negotiation tonight in Brussels with Ursula von der Leyen. We can praise the Lord for that, I am sure.

As the Minister says, these regulations keep the effect of the policy framework established by the EU implementing and delegated regulations. They ensure that certain provisions relating to unmanned aircraft will be retained in UK law and will continue to apply after the end of the transition period, in just three weeks’ time.

The regulations enable the Secretary of State to designate standards after the end of the transition period. In the meantime, unmanned aircraft that conform to current standards will be considered compliant with the EU requirements recognised by the UK. The main immediate consequence of these regulations is that, as we will no longer be part of the EU or the European Union Aviation Safety Agency, the European Union standards CE marking will be replaced by an official UKCA marking, recognised in the UK. The same product standards as currently apply will be maintained. As a result, unmanned aircraft that lawfully bear the CE marking can continue to be put on the UK market. The regulations set out a transitional period to 1 January 2023, during which unmarked CE or UK unmanned aircraft will continue to be placed on the market.

I genuinely believe that the long-term prospects for drones in the UK are particularly exciting and hope to work with the Minister in this post over the years to come. Future drones could be deployed in search and rescue—I had the great pleasure of talking to Airbus about this just the other week—as part of the next phase of the Maritime and Coastguard Agency’s search and rescue provision. I am sure the Minister shares my enthusiasm about implementing this technological boon in the UK’s search and rescue capabilities in our remote mountain regions and the seas around our great islands.

Do the Government have any view on whether the designated standards from the end of the transitional period will vary to a significant degree, and if so, in what way will they vary from the current standards under the implementing regulation? Has the Minister considered what effect this divergent system may have on the development of drone technology in the UK as compared with the EU?

I welcome these regulations. The opportunities for unmanned aircraft are enormous. I was pleased to see Baroness Vere confirm that the purpose of the Government’s framework is to provide certainty so that the UK can capture these future opportunities. I hope it will also provide flexibility and allow future innovation while maintaining our exemplary safety standards.

Oral Answers to Questions

Mike Kane Excerpts

Thursday 3rd December 2020 Commons Chamber

[Robert Courts]

As I say, these are matters that are profoundly regretted by the Government, but they remain commercial matters. We engage closely with all sector representatives, including the unions, to find a way forward if at all possible.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

It is 50 years since my predecessor, Alf Morris, introduced the Chronically Sick and Disabled Persons Act 1970. It is why I came into politics. The Minister of State, Department for Transport, the hon. Member for Daventry (Chris Heaton-Harris), mentioned it, as it is World Disability Day today.

Minister, the global travel taskforce has hardly met at all and nobody in the aviation industry has recommended the test-to-release scheme, which he announced this week. The industry is shedding jobs at a rate of knots. The furlough announcement was too late for too many in the aviation industry—the jobs were already gone. We have to stop lurching from one announcement to the next. Will the Minister commit to setting a critical path, so we can restore confidence in our world-class aviation industry?

[Robert Courts]

I am slightly confused about the hon. Gentleman’s reference, because the global travel taskforce most certainly has met. I think there is an element of confusion there. There has been extensive engagement in workshops with the industry. That has led to the release of a substantial, detailed report with 14 recommendations, of which the test-to-release scheme is only one. That work continues, as he rightly urges. I agree with him that it absolutely should continue to bring on many of the other schemes we have in the GTT. That work very much continues.