Civil Aviation (Consumer Protection and Regulatory Reform) Bill [Lords] Debate

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Department: Department for Transport
Noah Law Portrait Noah Law (St Austell and Newquay) (Lab)
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I understand what my right hon. Friend and other colleagues across the House are saying about the need for independent oversight, particularly on the aviation side, but on the consumer side, does he agree that when the CAA works, it really does work, as in the case of the constituent of the hon. Member for Mid Dorset and North Poole (Vikki Slade)? Therefore, does he agree that is absolutely right for the Government to bring forward those powers for consumer protection?

John McDonnell Portrait John McDonnell
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I fully agree, and let me also say that wheelchair compensation is significant in this legislation. Most of us have dealt with cases like that.

Going back to accountability in the process, a number of different organisations have provided us with notes on the legislation. The Heathrow Association for the Control of Aircraft Noise, which I have worked with for over 20 years now, provided us with a helpful note. HACAN reminds us that when the CAA sets out airspace changes, the CAA oversees the progress of the stages and approves whether the consultation—its own consultation—has been adequate or not. In addition, it decides whether the proposals may proceed. It operates its own complaints route, and complaints on issues around airspace are almost impenetrable. The CAA has immense power, and it seems to be a law unto itself in many instances. It has been said in the House today that the lack of consultation is one of its main vulnerabilities.

New flight paths are already being prepared, discussed and considered. In the Heathrow expansion, when Heathrow puts forward its plan for a third runway, it will not be Heathrow that says what the flight paths will be. It cannot be; it is now the airport service that has been set up under NATS. In all my experience with Heathrow, I have never known a thorough and adequate consultation process to take place with regard to the development of airport routes.

I was hoping that we might get more detail in the legislation. That is why I come back to the issue of the Secretary of State’s document, which could be a really powerful mechanism. We could determine, through debates here—therefore, instructions to the Secretary of State—how the CAA will operate in the future.

On the environment, I feel that there is a real lack of firm duties and responsibilities set out in the legislation and guidance procedure that takes into account the health and wellbeing of people and communities. Reference has been made to noise. I cannot believe that we are still in the same situation where we have different noise criteria used in different mechanisms when it comes to decisions being taken. The Gatwick and Luton developments are using two different criteria—two different levels—from which they place the restrictions.

I have gone through the debates and discussions we have had over time and, as some hon. Members will know, we have gone from 57 dB to 53 dB, and then to 43 dB, which is the World Health Organisation’s figure—for the life of me, I do not understand why we do not respect its expertise in all this—and we apply different measures for different decisions, which are driven largely by factors other than the health consequences for people and the impact of noise.

The hon. Member for Sutton and Cheam (Luke Taylor) mentioned the all-party parliamentary group meeting we had on Monday, when we received the latest research. May I put on record my thanks to Dr Charlotte Clark, professor of environmental epidemiology and population health? She has done research on all of this over the years and is the expert. She looked at some of the health implications at the lowest levels of noise that we have been debating, and there was an element of shock for some of us: we knew about the cardiovascular impact, but we now know much more about the impact on mental health in particular.

One of the issues that has come out of our discussions—this includes the Heathrow expansion consultation—is that the latest research on noise and health impacts has not been sufficiently monetised in the discussions and consultations that have taken place. So decision making—particularly on the latest Heathrow expansion proposals—could be on the basis of health impact monetisation as a result of increased noise whose level should be perhaps four times what the Government have put forward so far.

Our constituents are becoming increasingly aware of the health impacts of noise in particular and are demanding greater protections However, from the legislation we are debating, I cannot see how those greater protections will be translated unless we have a stronger capacity in this House to determine the guidance given to the CAA and the parameters set for it in the decision-making process.

I will give hon. Members this example of the debates that have taken place. For the aviation policy framework, we dealt with 57 dB. For the survey of noise attitudes, we looked at 54 dB. We then went to 51 dB and, as I said, 43 dB in the aviation noise attitudes survey and the aviation night-time noise effects study analyses, which relate to the World Health Organisation. We cannot keep going on without a proper noise standard applicable across our whole decision-making process that reflects the latest research on health impacts. I do not think we are there at the moment.

I am pleased with the legislation, because there are some meritorious proposals that will no doubt improve the passenger experience, but it really does not take into account the community experience and the impact it will have. That is why the running theme is that somehow— I will table amendments with others—we have got to get a greater level of accountability, a greater level of transparency and a greater level of empowerment of those communities who are impacted. The proposal by the hon. Member for Horsham for an ombudsman is one mechanism that could be used and could be helpful as a longstop. At the moment, when people in my constituency are faced with these problems, they do not know where to go; it is as simple as that.

Finally, the debate that we will have on Heathrow expansion and the new policy statement will be interesting, given that we do not know what the flight paths will be. If I was a constituent of my hon. Friend the Member for Uxbridge and South Ruislip (Danny Beales), I would be extremely worried.

In my constituency, because the flights are largely east-west and west-east, we have the bizarre situation that they affect Longford where, when the aircraft fly over you feel like throwing yourself to the floor, and they affect a number of the Heathrow villages, but they do not as yet impact on the centre of my constituency. We now have the risk that the flight paths might well do that. So, again, we are talking about maybe another 1 million or so people being impacted by the development of Heathrow, yet in our debate in this House about the policy statement we will not have certainty about those flight paths. That cannot be right when making such a major decision. That is why I am hoping that when the Committee meets and when we come back on Report we can have a sensible debate about the sort of amendments that can be brought forward on that theme of accountability, because if we can increase accountability, we can increase confidence in Government decision making on this issue in the long term.

I agree with hon. Members who have raised the importance of aviation to our economy. Of course it is important; it employs a large number of my constituents, and we are trying to make sure that we create aviation capacity that is economically beneficial to the country while protecting our constituents’ health and wellbeing overall.

Noah Law Portrait Noah Law (St Austell and Newquay) (Lab)
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I declare an interest as the newly elected chair of the all-party group on aviation.

I welcome the steps taken by our Labour Government today to improve accessibility and protections for disabled airline passengers, to bolster consumer protections, and to simplify the legislative framework, and in doing so to boost our economy and the aviation sector more broadly. We have heard a lot today about the potential benefits of that. There are benefits as much as there are increased obligations for carriers, but I would be keen to hear more from the Minister in his winding up about some of the benefits that we can unlock on the airport and infrastructure side as well, because we have heard today from colleagues representing other small regional airports about the compliance costs associated with that. I would be interested to hear from Ministers how this Bill could address that, and what other support the Department could put in place to help small regional airports, such as Cornwall Airport Newquay in my constituency and a neighbouring constituency.

We know in the case of Cornwall Airport Newquay that the Cornwall Council approach has chopped and changed. As Ministers have heard before, that is deeply unhelpful, but only by improving the passenger experience, as this Bill doubtless does, will we be able to encourage improved passenger footfall and boost revenues to support the sustainability of airports such as Cornwall Airport Newquay.

I thank the Minister for the steps that Cornish MPs have already heard about in relation to the public service obligation. I appreciate that Ministers have left the door open to Cornwall council to continue or restart those conversations, should it be able to bring eligible bids forward in the future. That is really important, because as much as we can all work to promote commercial conversations with various airlines—and new routes have been introduced on the back of that—it is only through support for regional airports and by improving the passenger experience, as I know this Bill will do, will we boost the use of those airports.

We have also heard of the importance of transport connectivity—integrated transport. I know that this Government’s devolution programme and the extension of bus franchising, such as the work we are doing with Cornwall council, should prove fertile ground for improving links where councils choose to take up those powers and use them constructively. I use this opportunity, perhaps shamelessly so, to be an advocate for regional airports and the connectivity they provide to basket-case situations, as we see in Cornwall’s current transport links. I call on the Minister to go beyond these great steps that he is taking today to support regional airports such as mine in Newquay.