Air Traffic Management and Unmanned Aircraft Bill [Lords]

Nigel Evans Excerpts

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

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I call Mr Kane, let me say that some very sad news has broken that Captain Sir Tom Moore has sadly died. On behalf of the House of Commons, can I pass on our deepest condolences to his family? He brought joy to the nation. He was an inspiration to everybody in this country, and his achievement was properly recognised by a knighthood, which was movingly presented by Her Majesty the Queen in person at a special ceremony. I know that the entire nation will mourn his passing.

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[Steve Double (St Austell and Newquay) (Con) [V]]

May I associate myself with your comments, Mr Deputy Speaker, about Captain Sir Tom Moore? It is a sad loss for our country and, of course, especially for his family. Our thoughts and prayers are with them.

It is a privilege to speak in this debate as I am the chair of the all-party parliamentary group on general aviation, the Member of Parliament who represents Cornwall Airport Newquay, and a keen supporter of our aviation sector and especially our regional airports. I very much welcome the Bill and will be pleased to support it later this evening. I acknowledge all the work that the Minister and previous Ministers have put in, along with officials in the Department, to get us to this point. It has taken longer than we expected because of a number of factors, but the approach that the Department has taken—to engage and listen to stakeholders across the aviation sector—has been hugely welcomed and, along with the input from the other place, means that the Bill before us is a very good one.

The UK’s airspace is our invisible infrastructure in the sky. It is vital to the success of our aviation sector and the wider economy. It will become increasingly important in the years to come, with the development of clean flights through clean fuels and electric and hydrogen-powered flight. In recent times, there have been those who have prophesised the demise of aviation in the light of the need to reduce our carbon footprint, but I believe that its best days lie ahead. The industry is committed to playing a key part in helping the UK to achieve the Government’s ambitious aims on cutting our carbon emissions, and good progress is being made.

Although the sector has taken a huge hit, both in the UK and globally, because of the pandemic, I have every confidence that it will bounce back with the right support. We should use the current crisis to ensure that the sector is able to accelerate reform to a cleaner future. That is why it is vital that the Government continue to support the sector to ensure that it is able to lead our national recovery. The regional support for airports through the offsetting of business rates is welcome, but it would be remiss of me not to make the case for further sector support for airlines, those in the supply chain and airports at this incredibly challenging time.

We have a world-leading aviation sector of which we should be proud. We have the third-largest aviation network in the world and the second-largest aerospace manufacturing sector, supporting 1 million jobs and with a turnover in excess of £60 billion before the pandemic. Yet despite all the developments and growth in aviation over decades, the UK’s airspace has largely remained unchanged for 60 years. Review and change is long overdue, and the measures in the Bill are welcome and essential.

It is a huge credit to the UK aviation sector that it has maintained the growth it has, despite us lagging behind the rest of the world in airspace management. As aircraft and aviation technologies have advanced in the past 60 years, our airspace management has not kept pace. That has led at times to inefficient use of airspace, which has often contributed to higher pollution and noise.

I have nothing but admiration for those at NATS who manage our airspace in what has been one of the most complex airborne environments in the world, underpinned by an overly bureaucratic system of outdated legislation and complex guidance. The strains on our airspace have become most apparent in recent years. Prior to covid, flight delays in minutes per year had been increasing consistently in the five years leading up to 2020. That coincided with a year-on-year rise in the number of flights in the UK. Most alarmingly, estimates by the DFT suggest that, without the modernising of air traffic, delays could rise by 72 times by 2030, with more than one flight in every three from UK airports expected to depart more than half an hour late. Those estimates were admittedly put together prior to the pandemic, but when we do return to the pre-2019 level of flights in 2023 or 2024 as expected, we are unlikely to see a change in the trend of delayed flights without modernisation of our airspace.

The implementation of the reforms, innovations and technological solutions set out in the Bill are essential for our future prosperity. As we continue to deliver modern airports and state-of-the-art fuel-efficient and environmentally friendly aircraft, it would be a missed opportunity for us not also to modernise our airspace in the process. I am pleased that that is exactly what the Bill will bring about. I welcome the Bill also because it is a great example of cross-party parliamentarians from both Houses of Parliament working together with Government Departments and relevant civil authorities on issues of common concern that can be addressed only by bringing all stakeholders on board.

The all-party parliamentary group on general aviation, which my right hon. Friend the Secretary of State for Transport started and chaired for many years, has long looked into the issue of airspace change. In summer 2019, the APPG’s dedicated working group on airspace published its report of the inquiry led by the noble Lord Kirkhope on the adequacy of our airspace, especially at the lower—arguably more dangerous—end of below 7,000 feet. One important recommendation from the inquiry to the DFT and CAA was the introduction of a ratchet-down process for removing underused volumes of controlled airspace. It also suggested that the CAA should make a radical shift in its internal processes for airspace change to allow for greater flexibility in future airspace design. I am pleased to see both recommendations incorporated in the Bill and thank Ministers and officials for their proactive and positive engagement with members of the APPG in the consultation process.

The Bill will achieve this modernisation in three main parts. It will allow for an airport or other person involved in airspace change to be compelled to progress or co-operate with an airspace change proposal in line with the overall modernisation strategy. The second part of the Bill will bring in much needed updates to our airspace licensing regime in accordance with best practice. Part 3 relates to unmanned aircraft such as drones, which are no doubt a critical part of the future of aviation; their development is important for our economy for the future.

General aviation is often overlooked in the aviation policies of successive Governments, but general aviation matters. GA contributes over £1 billion to the UK economy, and supports hundreds of thousands of well-paid jobs across all regions of the UK. GA is also important as a gateway to the UK’s world-beating commercial aviation sector. General aviation activities such as gliding provide accessible grassroots, which often help to inspire young people into science, technology, maths and engineering subjects. GA platforms are also the best early testbeds for new technologies, such as electric propulsion. Without free airspace to test in, the UK will be at a competitive disadvantage for attracting high-tech aviation companies just as we are seeing the dawn of the new era of sustainable aviation.

General aviation is often overlooked when it comes to airspace management, and often finds itself restricted, or excluded from too much airspace. The Bill grants the Government—and, by extension, the CAA—the power to request that an air navigation service provider change its airspace in a certain way. This will be the first time that our regulator has ever been given this power, which is commonly found in other countries. The Bill will complement the CAA’s airspace modernisation strategy, which aims to rationalise the UK’s airspace system, bringing greater efficiency to air transport. Indeed, alongside the strategy is a commitment to look at reclassifying areas of low airspace that are problematic for general aviation. To improve use of lower airspace, it may be necessary to compel an airport to reduce its area of controlled airspace. This would not be achieved without the powers contained in the Bill.

Finally, I turn to the much discussed Government amendment on the temporary alleviation of the 80:20 usage rule, which requires airlines to use their allocated airport slots at least 80% of the time to retain entitlement to the same slots in the next equivalent scheduling period. I fully understand the rationale behind this. We do not want to see airlines continuing to fly empty or near-empty aircrafts at huge financial and environmental costs for the sake of keeping their slots. When administered well, the reprieve from this rule can form an essential part of the wider package of support for the industry. However, I urge Ministers to ensure that it does not pose any obstacle to maintaining critical connections between regional and national airports, and thus hinder the Government’s agenda to drive regional growth. I seek the Minister’s assurance that we will not miss this opportunity to ensure that slot allocation is not a barrier to growth, and that we grow our essential connectivity to our major airports for regional airports.

The Bill will bring much needed changes to modernise our airspace and improve efficiency of air traffic management. It will help to deliver quicker, quieter and cleaner journeys, which will help to reduce carbon emissions while increasing capacity where needed, increasing the resilience of our airspace and allowing greater access for general aviation. The Bill represents yet another positive step for the future of British aviation. I am pleased to support the Bill and urge colleagues across the House to do so.

[Mr Deputy Speaker (Mr Nigel Evans)]

Audio link—Sarah Olney.

Air Traffic Management and Unmanned Aircraft Bill [Lords]

Nigel Evans Excerpts

Report stage & 3rd reading
Monday 22nd March 2021 Commons Chamber

[John McDonnell (Hayes and Harlington) (Lab) [V]]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

New clause 2—New CAA general duty: net zero aviation emissions—

‘(1) In subsection 70(2) of the Transport Act 2000, after paragraph (d) insert—

“(da) to ensure the achievement of net zero aviation emissions by 2050 and a progressive and material reduction in aircraft noise impacts, in each case pursuant to guidance to be provided by the Secretary of State.”’

This new clause would amend the CAA’s duties, as set out in the Transport Act 2000, so that it is required to meet net zero emissions and reduce noise impacts.

New clause 3—Reduction of noise from military aircrafts—

‘The Secretary of State must consider in any airspace change proposal the inclusion of measures to reduce the noise pollution arising from military aviation.’

This new clause would require the Secretary of State to consider including measures to reduce noise pollution from military aviation in any airspace change proposal.

New clause 4—Consultation on airspace change proposals—

‘(1) Where a consultation on an airspace change proposal is underway but not completed before the passing of this Act—

(a) the consultation must be stopped, and

(b) a new consultation must be started.

(2) A consultation under subsection (1) includes a consultation being conducted by an airport or group of airports.

(3) The airspace change proposal that is the subject of the consultation may not be progressed until the new consultation under subsection (1)(b) has been completed.

(4) The new consultation must take account of any externalities arising from the airspace change proposal including—

(a) air pollution,

(b) noise pollution, and

(c) road traffic congestion.”

This new clause would require any consultation on an airspace change proposal underway at the time the Act is passed to be stopped, and a new consultation started. It also specifies externalities the new consultation must take account of.

New clause 5—Financial Impact Assessment on the Airspace Change Organisation Group—

‘(1) The Secretary of State must conduct an impact assessment of the effects of this Act on the costs of the Airspace Change Organisation Group (ACOG) for a period of two years, beginning with the day this Act comes into force.

(2) The Secretary of State must lay before Parliament a report of the impact assessment required by subsection (1) within six months of the day this Act comes into force.

(3) The Secretary of State must include within the report required by subsection (2) a plan to manage the impacts identified within the report.’

This amendment would oblige the Secretary of State to investigate and publicise the financial impact on the air industry of compliance with the Act.

Amendment 3, in clause 2, page 2, line 4 at end insert—

‘(e) prepare an assessment, including a financial assessment, of—

(i) any externalities arising from an airspace change proposal that has been prepared or implemented, and

(ii) the geographic distribution of these externalities.’

This amendment would enable the Secretary of State to direct a person involved in an airspace change proposal to carry out an assessment of any externalities arising from the proposal.

Amendment 4, page 2, line 5, at end insert—

‘(1A) For the purposes of subsection 1(e), “externalities” include—

(a) air pollution,

(b) noise pollution, and

(c) road traffic congestion.’

This amendment is linked to Amendment 3.

Amendment 5, page 2, line 14, at end insert

‘modernisation of controlled airspace as part of the’.

This amendment will narrow the scope of direction by the Secretary of State to cases where a direction relates to airspace modernisation, so that enforcement orders may not be used in cases unrelated to airspace modernisation.

Amendment 6, in clause 3, page 3, line 2, at end insert

‘modernisation of controlled airspace as part of the’.

This amendment will narrow the scope of direction by the Secretary of State to cases where a direction related to airspace modernisation, so that enforcement orders may not be used in cases unrelated to airspace modernisation.

Amendment 2, page 3, line 34, at end insert—

‘(9) When the airspace change proposal relates to airspace used by military aircraft, the Secretary of State for Defence must require the cooperation of Military Air Traffic Control with the CAA to ensure the airspace change proposal incorporates measures to reduce military aircraft—

(a) noise; and

(b) pollution.”

This amendment would require the Secretary of State for Defence to reduce noise and pollution from military aircrafts where an airspace change proposal relates to airspace used by military aircrafts.

Amendment 1, in clause 5, page 4, line 29, at end insert—

‘(6) The CAA must publish emissions, noise and health impact information associated with the airspace change proposal as part of their consultation process.’

This amendment would establish a transparency duty on the CAA to publish emissions, noise and health impact information.

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

I thank all hon. Members who have spoken or will speak on Report today, those who spoke on Second Reading or in Committee, as well as Members in the other place, for their work on the Bill. I remain certain of the requirement for this legislation. The Minister and I have a shared ambition for airspace modernisation in the United Kingdom. As I have said before, the country has been managing its airspace with analogue technology from the previous century, with piecemeal updates as demand has grown—an analogue system in a digital age. The Bill is vital to hasten and co-ordinate an ambitious airspace change programme fit for the 21st century.

Part 2, which involves the regulation of air traffic control services, is very welcome. I am pleased that the Bill is addressing regulation now; all hon. Members present agree that the changes will enable the Civil Aviation Authority to maintain the UK’s excellent flying safety record and continue to be a world-class leader in aviation safety. The Minister and I have discussed airport slots ad nauseam, including on Second Reading and in Committee. Labour has supported the Government on recent statutory instruments to extend the temporary waiver on slot regulations owing to the covid-19 pandemic. I am content that clause 12 will provide the Government with the tools to tackle airport slot allocation issues that arise from the pandemic.

Part 3, which provides further police powers over the use of unmanned aircraft, is long overdue; I am grateful that tonight we are closer to bringing those powers into effect. As technology has moved on, drones have become more and more common, and it was only a matter of time before an incident such as the one at Gatwick airport in 2018 that disrupted air traffic. I am grateful to the Minister for addressing the concerns raised in Committee and am content to support this part of the Bill today.

It would, however, be remiss to speak on this Bill tonight and not mention the current situation in which the aviation sector finds itself. The covid-19 pandemic has devastated the industry. The UK was previously the third largest aviation market in the world, but now we are not so sure. The Government, through neglect and their belief that the markets would be able to support this huge section of our national economy, have hamstrung the entire sector.

Twelve months ago we were led to believe that the Treasury would be offering a bespoke support package for airlines, aerospace, airports and ground-handlers and other support services; a year later no specific aviation deal has emerged. It is vital that when the global travel taskforce reports to the Prime Minister on 12 April the Department for Transport and colleagues across Government roll out a robust and comprehensive plan to enable aviation to lift off into the skies again. This summer will be make or break for the sector, and the ambition presented by this Bill will be for nothing if we cannot maintain our advantage on the world stage with one of our leading industries after the pandemic draws to a close.

[Mr Deputy Speaker (Mr Nigel Evans)]

I hope you noticed that I was very good to you there, Mr Kane, by not interrupting you even though you went a bit wider than you should have.

[Ben Everitt (Milton Keynes North) (Con)]

It is a genuine pleasure to follow the shadow Minister the hon. Member for Wythenshawe and Sale East (Mike Kane). This is one of those events where we sit down and think, “This is Parliament at its best.” I served on the Bill Committee, where we rattled through our work—at interceptor pace is the best way to describe it, using an aerospace metaphor.

As the shadow Minister said, this modernisation of our aerospace is long overdue; it is what we need to do to keep our skies open. We need to find a way for co-existence between those interceptors—the Typhoons that fly through our sky and keep us safe— passenger jets and unmanned aircraft, because the sky is becoming an increasingly busy space. I talk about co-existing from a position of fairly strong expertise being the MP for Milton Keynes North, because of course we co-exist with our robots—our delivery robots that wander around delivering groceries and are part of everyday life. Drones are essentially sky robots, and we need to find a way of co-existing. This is a hybrid Parliament, and we now have hybrid skies and hybrid airspace. So if we co-exist with our sky robot friends, we need to find a way of making judgment day a matter for the regulators, not the robots.

Our aerospace is our gateway to the world. Let me deal specifically with the points raised in the Bill Committee and here tonight. This modernisation will make us more efficient. It will make our airspace more efficient, reduce noise, reduce pollution, reduce congestion, and, of course, as others have said eloquently, it will reduce the impact on the communities over which the airspace lies.

I support Government on this Bill. The UK is and will remain a global leader in aerospace, and in fact global MK and global Britain will be open for business because our skies will be open for business.

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[Sarah Olney (Richmond Park) (LD) [V]]

It is a pleasure to be here, speaking in the Chamber remotely, at the Report stage of this very important Bill, which the Liberal Democrats have supported all the way through. The provisions it contains are long overdue, particularly those on airspace modernisation.

We welcome the opportunity for the Government to take powers to improve the use of airspace for the benefit, yes, of the aviation industry, but also for the communities who live around airports, as the hon. Member for Brentford and Isleworth (Ruth Cadbury) just spelled out in her excellent speech. I, too, represent one of those communities —Richmond Park. We have long been plagued by excessive noise from aircraft. There has been some welcome respite during the pandemic and the lockdown, but my constituents are fearful of what may happen in the future, especially if the Government go ahead with their stated plans to allow expansion at Heathrow. I impress on them that they have the opportunity to put my constituents’ fears at rest on that matter.

We support the airspace modernisation plans in the Bill. However, I reiterate what the right hon. Member for Hayes and Harlington (John McDonnell) said: if not through this Bill, then at some time in the future, the CAA ought to be given the power to consider the impact of noise on local communities when designating airspace. It is such an important issue because of the impact that it has on mental health, on physical health, on people’s ability to sleep and on people’s ability to go about their daily lives. That is highlighted to me so often by my constituents. Again, it was discussed very eloquently by the hon. Member for Brentford and Isleworth.

I also support what the right hon. Member for Hayes and Harlington said about the impact that climate change is having and the need to give powers in that regard to the CAA. That is a really important point. The Government are not yet being clear about how they expect the aviation industry to contribute to their drive towards net zero. It is absolutely essential that we get more clarity on how that will be achieved. Aviation obviously has an important role to play in our economy. It has had an exceptionally tough year, and we know from announcements made only today that the future of aviation continues to be very unsettled. We look forward to more direction from the Government about how they plan to build back better in aviation.

The Liberal Democrats support this Bill and will continue to support it through its remaining stages.

[Mr Deputy Speaker (Mr Nigel Evans)]

We will see if we are any luckier with Jim Shannon this time.

[Jim Shannon (Strangford) (DUP) [V]]

I hope, Mr Deputy Speaker, you can hear my dulcet tones all the way from Northern Ireland. Thank you for the opportunity to speak on this issue.

Of particular interest to me is new clause 12, which seeks to provide temporary powers to amend the retained EU law on airport slot allocation due to the coronavirus pandemic. The 80:20 or “use it or lose it” rule is used to monitor compliance and determine whether airlines can retain their legacy slots. The European Commission has waived the rule for the summer and winter seasons in 2021 because of the coronavirus pandemic—exceptional times, without a doubt. I absolutely support the Government in their move to make a similar waiver through the use of these temporary powers. Our airline industry is in dire need of support and help—I know the Minister has been very responsive to that and I thank him for it—not only in the short term but in the long term. We need to look at how we can come alongside the industry to work with it.

Particularly for Northern Ireland, it is essential that our routes are protected—our domestic routes, that is, but we have some hopes for the future that we may even have some international routes, which is something we are encouraged by. We are also encouraged by the Government’s commitment on air passenger duty, and we will see how that works for the benefit of all the United Kingdom of Great Britain and Northern Ireland. Connectivity is vital and must be protected at all costs for the foreseeable future.

I have spoken at length regarding drones, particularly their use in prisons. However, I also recognise the benefit of drones used in the right way. The Government have put in place legislation to prevent unmanned aircraft being able to fly near airports, and technology is in place to neutralise any unmanned aircraft that could breach the quarantine distance around airports, so there are many good things to welcome. Unmanned aircraft must be regulated for many reasons, none being more important than security. I am very pleased that clauses 13 to 18, together with schedules 8 to 11, will give powers to police the misuse of unmanned aircraft. These include, first, the power to ground unmanned aircraft; secondly, the power to stop and search people and vehicles; and thirdly, the power to obtain a warrant to search property. There will be further provision for fixed penalties for certain offences relating to unmanned aircraft. I welcome this further tightening of the law. It is also welcome that those who are using a drone for a purpose that is legal and honourable will not have any issue with these powers or feel threatened in any way at all. However, can the Minister confirm that all necessary discussions have taken place with all regions in the United Kingdom, particularly Northern Ireland?

In this age of technical wonder, it is imperative that we make the best of advances such as drone technology and heat signatures to find lost animals, for example. As someone who lives in the countryside, I know that many of my farming friends, colleagues, partners and neighbours wish to see that. We must also regulate to prevent misuse, and the Bill sets that balance. That is why I support the Government’s intentions and commitment, which I believe are honourable, honest and true.

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[Mr Deputy Speaker (Mr Nigel Evans)]

I am not too sure how much more the Minister will say on Third Reading now, but we will wait to see.

[John McDonnell [V]]

He has confused me as well, Mr Deputy Speaker.

There has been an acknowledgement of the issues raised in the new clauses and amendments. It is clear that we all agree on the objectives, even if we do not agree on the path to achieve them. I am a great believer in the powers or conversion, so we will campaign on, but this evening I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Third Reading

Motion made, and Question proposed, That the Bill be now read the Third time.—(Robert Courts.)

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[Mr Deputy Speaker (Mr Nigel Evans)]

We all wish your caseworker well in his retirement.