Nigel Mills
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Civil Aviation Bill
Nigel Mills Excerpts(12 years ago)
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Nigel Mills (Amber Valley) (Con)
I am grateful to the hon. Gentleman for reminding us of the long debate that we had in Committee. Does he agree that recent news stories about delays at Heathrow have only strengthened the argument that it would be in the airports’ interest to publish those data, so that passengers know whose fault the delays are?
Jim Fitzpatrick
I could not agree more. I will discuss previous experience, but, as the hon. Gentleman says, recent experience underscores the expectation that the Government, the authorities or the airports will have to deal with the experience of passenger delays. The horror stories that are starting to come out about passengers experiencing delays of some hours because of shortages of immigration staff and the article in The Daily Telegraph on Monday or Tuesday of this week in which the previous chief executive of UKBA offered some analysis of the problem underscore the fact that there is an important matter to be addressed.
Amendment 9 is the generic proposal. It states:
“A licence must include provisions requiring the holder of a licence to develop passenger welfare plans.”
That is an all-encompassing proposal that we think would cover all the matters that passengers would expect airports and airlines to deal with, including stranded passengers, resilience, delays and all manner of difficulties that passengers might experience. Amendment 10 looks specifically at the position of stranded passengers and suggests that something should be done for them.
Jim Fitzpatrick
I am grateful to my hon. Friend for raising that point. Amendment 9 states that it should be incumbent on the licence holder to “develop passenger welfare plans”. That does not necessarily mean that the licence holder has to be totally responsible for delivery. There should be engagement with the airlines and a collective approach to that matter. Obviously, the CAA and the Government should be involved in that. I was not narrowing down the responsibility in the way that I misled my hon. Friend to believe.
Passenger welfare plans were a recommendation of the Select Committee on Transport in its pre-legislative scrutiny of the Bill. In Committee, the Minister did not give a good reason why she does not believe that those plans should be included in the licences for airports. She said that the CAA will draw up the licences and that it will be a matter for that organisation. We do not think that that provision is strong enough. Given that the primary duty of the Bill is to the passenger, as we have discussed for some months, we believe that the development of passenger welfare plans would reinforce the focus on giving passengers the best experience possible at our airports. They have clearly not had that in previous winters.
The Transport Committee also stated in its pre-legislative scrutiny:
“Where possible, airport licences should be structured so that they address key areas of passenger dissatisfaction.”
I do not need to repeat the statistics on the misery that has been experienced by passengers at difficult times over a number of years. The reports, particularly the Begg report, on what happened to passengers at Heathrow during the disruption of December 2010 make alarming reading, even if one looks only at the headlines. Nine and a half thousand people were sleeping in the terminal, passengers were seeking refuge in subways, a lorry carrying blankets for passengers had to turn back on the M25 because of traffic conditions and very few passengers were provided with water or refreshments. It was absolute chaos and confusion. I am not blaming anybody for that. It is matter of record and fact, and we all want to avoid it happening again.
I anticipate that the Minister will refer us to clause 83 on the collection of information and data, which we discussed extensively in Committee. We accept that clause 83 is drawn widely enough to include the proposals in new clause 2 and amendments 8 and 10, because the airports could be responsible for providing the relevant data. However, given the experience of recent years, we believe that amendment 9 should be a basic licence requirement. The fact that the CAA has suggested that such a requirement could be incorporated and has included it in the example for the Heathrow licence suggests that it thinks that it will do that anyway. We think that the Government should make it a duty on the CAA to make passenger welfare plans a licence requirement.
Nigel Mills
Presumably, the hon. Gentleman accepts that clause 83 will apply to all airports and not just to the three that are likely to have a competition licence. Amendment 9 would not be of any use to a load of passengers who do not use Heathrow, Gatwick or Stansted.
Jim Fitzpatrick
I accept that point. I suggested in Committee that there should be a delineation of the differences between licensed airports, given that all airports have a licence of some description. Given that the most difficult passenger experiences of recent years have been at Heathrow, given that an indicative licence has been published for Heathrow and given that Heathrow is the market leader and our only hub airport, whatever Heathrow does will be examined by everybody else. If the CAA says that it expects Heathrow to do something, that might be adopted by other airports. We therefore do not think that it would be inappropriate to include this requirement in the licence, even if it applies only to Heathrow, because it would be copied as best practice by the other first-class airports around the country.
We all want to ensure that there is a good passenger experience, especially for those with disabilities, as was discussed in Committee and as is outlined in new clause 2. We hope that the situation will be better as a result of the Bill and are confident that it will be. We congratulate the Government on bringing it forward. However, we think that it would be much better if, in addition to more and clearer data being published on the passenger experience, there was a simple licence requirement, as outlined in amendment 9. We will seek the view of the House on that if the Minister is not able to reassure us in the course of the debate.
Nigel Mills
I had not planned to speak to the new clause and amendments, but I was tempted by the exchange on border services to relive some of our Committee debates.
I cannot support the shadow Minister’s amendments. I am not convinced that the licence dealing with the economic regulation of airports is the right place to impose conditions that ought to apply to every airport. I would hope that all airports operating in the UK would recognise that all these extremely sensible and worthy things were natural obligations that they ought to fulfil anyway, and that we should not need to legislate for them. If we do, though, we should legislate for them all, not just the one, two or three airports that happen to be economically regulated.
Clause 18, to which the amendments relate, allows—possibly even instructs—the Civil Aviation Authority to include conditions it thinks
“necessary or expedient having regard to the risk that the holder of the licence may engage in conduct that amounts to an abuse of…market power”.
If it was felt that an airport such as Heathrow was giving a particularly poor passenger welfare service because it could away get with it—because it has market power and people have to fly from there on certain routes—it would be perfectly fair for the CAA, recognising that risk, to impose conditions. We would all want the CAA to do that, if it saw those risks to any part of the passenger experience.
I want to touch on the experience of getting through passport control. Having been through four UK airports this week on Northern Ireland Select Committee duties, I was obviously spared having to go through passport control both in Northern Ireland and at Gatwick on Monday evening, so I have no recent miserable experiences to recount. However, this issue is becoming a reputational risk with people arriving in the UK on holiday or business, so we need to get it right. There is no particular magic to getting it right. The airports and the UK Border Force all have a role to play. As was said, it is a matter of getting resourcing to match the volume of passengers and flights, knowing when passengers are coming from jurisdictions that could make border control more complicated, and making available all the facilities that the Border Force needs, such as rooms near the passport checking station and so on. Airports could invest in electronic scanning devices as well. We need to encourage airports and the UKBF to work together pragmatically to make the service the best it can be.
The Minister asked why no amendments were tabled on this for Report stage. I moved one in Committee, of course, and I was tempted to bring it back on Report to get the wider view of the House, but I was not sure that the Whips would welcome my being tempted down that line. Nevertheless, we need to find a way of getting the UKBF to recognise its responsibility and to publish all the data on the length of queues by airport so that passengers and airports can know what the situation is likely to be. When the transparent data are made available, all involved will have the motivation to get those queues as short as possible by making the most effective use of the resources available.
Julie Hilling (Bolton West) (Lab)
It is interesting to follow the hon. Member for Amber Valley (Nigel Mills). He said that he could not support the Opposition’s amendments because airports should be doing these things anyway. If they were, we would not need the amendments, but because they are not, the amendments are important. That is particularly so for UK plc, given that, so often, the first and last impressions that overseas visitors get of the UK is of the airport.
Nigel Mills
For clarification, my point was that all airports should be doing this but that the amendments would apply the measure to only three UK airports.
Julie Hilling
I thank the hon. Gentleman for his clarification. I absolutely agree that all airports should be doing it, but the Bill enables us at least to put the obligation on some; we would then hope that the others would follow. If airports want to attract business from passengers and other businesses, their standards need to be as high as those of the others. It is important, therefore, that we set down what we expect from our airports and airlines.
As we heard, the Transport Select Committee undertook the inquiry “Keeping the UK moving: The impact on transport of the winter weather in December 2010”—a very long title. That in-depth report looked into all elements of transport—not only aviation but the road network and how transport links together—and recommended that passenger welfare should be at the heart of airport operations. It also agreed with the recommendation of the Begg report that Heathrow and other airports should develop welfare plans for passengers during disruption. The report stated:
“Passenger welfare should be at the heart of airport operations. We concur with the recommendation of the Begg report that Heathrow should develop a welfare plan for passengers during periods of disruption: other airports should do the same. It is unacceptable that such plans do not already exist. If airlines fail to meet their obligations to accommodate stranded passengers, airports should be prepared to step into the breach. We would support measures by which airport operators could reclaim the costs of providing support to stranded passengers from airlines which had not discharged their legal responsibilities and we recommend that the CAA investigate how this can be achieved.”
The Government responded:
“However, the legal responsibility to provide care and assistance to passengers remains that of airlines. It is important that any initiatives to bolster the provision of passenger welfare during periods of disruption, for instance through passenger welfare plans, do not create any uncertainty in this area.”
The Committee welcomed the Bill, about which the Government response said:
“The CAA would have a new primary duty that would put the interests of passengers unambiguously at the heart of the regulatory regime.”
It is disappointing, then, that on Report we are still urging the Government to put in the Bill the obligation for airports to develop welfare plans.
Mrs Villiers
As I believe I said, the previous Secretary of State had already indicated to the CAA that resilience and passenger welfare were issues that should be addressed in the licence.
Nigel Mills
Something that is missing from the indicative licence is a requirement to measure or try to improve people’s experience at border control, although that is understandable, given that it is not within the remit of the CAA to deal with that. Has the Minister had any discussions with the Home Office, given the recent problems at Heathrow and elsewhere, to see whether more data can be published to try to improve that experience?
Mrs Villiers
I am very much aware of my hon. Friend’s interest in the UK Border Force, and I shall come on to those matters. However, on various occasions, I have had discussions with Home Office colleagues on those matters.
John Woodcock
My hon. Friend has a lot of experience in this matter. One issue that the Government have not yet set out—and if they do not accept the new clause, they might not be required to do so before the House—is how the changes they seek to implement will not lead to increased fragmentation and a potentially less effective system as well as a more burdensome one for passengers.
Nigel Mills
But would the hon. Gentleman not accept that having every airport doing exactly the same thing all the time might be quite risky and that we might be better off having airports doing things a little differently, using different processes and techniques, which would make it harder for people trying to break the system to know exactly what they will be subjected to?
John Woodcock
As I have said, we have not set our face against the idea of a risk-based approach, but the Government have not yet done enough to set out how it would work in practice or how it would fit in with a potentially conflicting or contradictory approach from Europe. Ministers are not saying that they want to move to this approach now; they say they want the freedom to do so at some point in the future. At this stage, we do not know what the regime emanating from Europe will be. If the Government seek to press ahead with such a move, it is right to debate and scrutinise it at the time it comes into force when we should know what the European regime is likely to be. That is better than its going forward without scrutiny, which has been the position up to now. I hope that the Minister will seek to change what has been her preferred option.
Those who seek to disrupt, maim and kill users of air transport and innocent people on the ground are constantly testing the defences that the country has put up. That is why we need Ministers to explain to this House the basis for their confidence in individual airports’ ability to assess and counteract risks adequately. In moving away from the current one-size-fits-all approach to security, we cannot permit there to develop a soft underbelly of smaller airports, where defences are lowered because they self-assess their risk to be low. Those intent on doing us harm will always look for opportunities. We currently see that on our television screens daily in the testimony from Oslo. We know from bitter experience that Britain is a nation with a heightened risk of terrorist attack. There can be no grounds for complacency, and I know the Minister agrees.
We also need real consideration of the ability of a risk-based system to implement the necessary response to specific and sudden threats, such as the example of the liquid bomb plot in the summer of 2006. The discovery of this credible threat led Ministers to take the decision to ban liquids, and for a while most hand luggage, from flights to and from the UK. There is no suggestion that Ministers would lose the ability to take such steps in an emergency if they considered that to be necessary, but questions do arise about whether the ability of airports to carry out such emergency procedures might be hindered by their abandonment of uniform security provision. If each of more than 60 airports in the UK operates its own security regime, how straightforward will it be to ensure that emergency measures are adopted with uniformity, rigour and speed should circumstances render that appropriate?
Major changes in aviation security policy cannot be undertaken lightly. I know that the Minister will cite the broad support of airlines and airports for the proposed shift, but it would be wrong if this were Parliament’s only opportunity to debate such a major change in the context of an Opposition amendment, and to seek ministerial assurances.
The Minister will, I am sure, agree that cost and the principle of lessening regulation are not in themselves sufficient justifications for a root-and-branch reform of aviation security. The public rightly expect their elected representatives to maintain their security and safety in the skies. Ministers are proposing not a mere technical change, but a major overhaul. New clause 3 would require them to explain their proposals to both Houses, and to secure approval for a change when they wish to make it. I urge Members to support this extra safeguard.
I want to say a little about amendment 11. The subject of ensuring the dignity of passengers with specific religious clothing requirements was touched on in Committee, and I am pleased that we have an opportunity to debate improvements now. I am well aware that the subject has been of particular concern to the Sikh community, and that Members on both sides of the House have pushed for guarantees of better treatment for their constituents. I am particularly grateful for the way in which my right hon. Friend the Member for Wolverhampton South East (Mr McFadden), my hon. Friend the Member for Wolverhampton North East (Emma Reynolds) and my right hon. Friend the Member for Warley (Mr Spellar) have pursued the issue in recent months.
Aviation security is always paramount, and we make that clear in the amendment, but we believe that it is possible for a rigorous security regime to exist alongside dignity for passengers with specific religious clothing requirements. The way in which security staff treat the Sikh turban is a particularly good example. In 2010, the European Commission introduced requirements for religious headwear to be subject to manual searches. It has been suggested that, given that the UK is the only EU member state with a substantial Sikh community, Europe failed to understand the specific sensitivities of the turban: that it should not be touched by another person, and that its removal should not be required.
The UK reached an agreement with the Commission enabling airports to opt into a trial allowing the swabbing of turbans for explosive residues, a compromise that was broadly welcomed by the Sikh community. However, a number of UK airports have chosen not to opt into the trial, which has caused significant distress and anger among Sikhs. We want to see a more consistent approach which would ensure that people with specific religious requirements, whatever their faith, are treated with dignity.
Julie Hilling
I thank the hon. Gentleman for that intervention because I absolutely agree with him. That is why I am very concerned that if cost is a driving force within security, airports may look to see how they can reduce costs rather than, as the hon. Gentleman says, continuing to be innovative. As he so rightly says, it is not enough to shut the stable door after the horse has bolted and say, “They got through there but we can stop them next time.” We have to stop them the first time—an incredibly difficult task.
Nigel Mills
Will the hon. Lady join me in welcoming the full body scanners that have been installed by Manchester airport? The evidence is that not only are they cheaper to run and much preferred by the passenger for being less intrusive—there is no need for the physical pat-down—but they maintain all the security features. That is the kind of security innovation that we would like to see, and it is a crying shame that there is a threat from the European Union that the use of those scanners will not be allowed to continue.
Julie Hilling
Clearly, the hon. Gentleman has already seen my speech. I shall go on to talk about Manchester airport.
We have heard about the profiling of potential offenders. I am concerned that people with brown skins are more likely than others to be pulled over for more rigorous security checks, and I am not yet convinced that that will not occur. We have seen what happened with stop and search on the streets. Will that be replicated in our airports? The percentage of black and minority ethnic people who are stopped and searched by the police is much higher than that for the white population, and the police can argue, as can any security service, that certain people are more likely to be involved in street crime and gang-related violence, but the result is the capturing of everybody of a certain colour or ethnicity, which can become very worrying.
My hon. Friend the Member for Feltham and Heston (Seema Malhotra), who is no longer in her place, spoke about the Sikh gentleman who was asked to remove his turban. We must ensure that people will not be targeted because of the way they look or because they come from a certain background. We need to ensure that people are treated the same and that people who meet certain criteria are the ones who are picked out.