(1 day, 12 hours ago)
Public Bill Committees
Olly Glover (Didcot and Wantage) (LD)
It is a pleasure to serve under your chairship, Mr Dowd—I hope you are not too distraught about not having been in the Chair for some of the other very exciting transport Bill Committees that we have had this year.
I want to start by addressing amendment 82, tabled by the shadow Minister. We understand where he is coming from, because the Committee heard evidence from Steve Gooding of the RAC Foundation about the danger of clause 3 being used as a Trojan horse for widespread road pricing, which is something that the Minister has assured us will not happen.
Our amendment 44 takes a different approach to the problem of excluding non-new roads altogether. As I said on Second Reading, we feel that the idea of tolls and fees is reasonable in principle, and it is used quite widely in Europe, but the safeguards must be clear. That is why our amendment 44 would require a strict threshold for applying tolls to existing roads, which we are defining as a continuous extra lane, to show a genuine improvement in the road’s capacity and to justify any introduction.
I agree with the shadow Minister on clause 3, in that so much of the Bill relies on us to take it on trust that the Government will do the right thing with the extensive powers that it creates. There was a good article in The Economist a few years ago about the problem with the good chaps theory of government, which has been an historic feature of the British so-called constitution. The problem is that it is difficult to take things on trust and rely on the current generation to do the right thing and interpret a Bill as it was intended, because a Bill cannot force the hand of a future Government, but future Governments do need to work to the legislation that has been passed. We therefore have some concerns about that and would be interested to hear the Minister’s comments.
We support the shadow Minister’s amendment 81. It is sensible to require consultation with the relevant local and mayoral authorities and important to involve them in any major changes to their areas that could increase local traffic flow and the burden on the local community, so we would support the amendment if it were pressed to a Division.
Subject to what the Minister says, at this point we would be keen, with your permission, Mr Dowd, to press amendment 44 to Division.
Alison Griffiths
I will speak to amendment 82, standing in the shadow Minister’s name and my name.
On the face of it, clause 3 looks quite straightforward. The licence would be granted for “works involving”—not delivering, just involving—
“the construction of a highway specified in the licence”.
However, granting a licence for being involved in the work set out in subsections (1)(b) and (1)(c), which our amendment 82 would remove, would make the ORR responsible for determining what is fair and transparent in terms of a toll that could be charged in future for that work. Again, to be clear, the clause does not talk about delivery; it just talks about involvement, so there is a total lack of clarity.
The ORR will rely on a code that has not yet been written and that will not come before this House, so we will have no say in what it looks like. As far as I am aware, there will be no cost-effectiveness constraints on the licensee, so the toll could be considerable. Nor does the toll need to end when the costs have been recovered. Paragraphs (b) and (c) create the prospect of a never-ending toll upon our constituents for what could be a pretty unspecific piece of work.
To return to the points already made by the shadow Minister, a licence should be granted only for the construction of new roads. If we want to look at future roads, the code should be subject to a parliamentary vote at a later stage. Obviously the Committee has voted against this, but to return to our earlier discussion, we would prefer to be looking at two specific roads: the lower Thames crossing and, potentially, the associated Dartford crossing. Without those constraints, however, this piece of legislation is very problematic. I support the amendment.
(2 weeks, 1 day ago)
Public Bill Committees
Olly Glover (Didcot and Wantage) (LD)
The hon. Lady has always struck me as a master of the English language. I am sure she will therefore understand that the word “cap” does not refer to a target; it is an upper limit. There is no reason why it should induce an increase among those airports that do not feel the need for one, because those airports will have reached that decision for their own particular market. If she does believe that limits are targets, perhaps her party will withdraw its frequent opposition to such measures as 20 mph speed limits, because by that argument people only ever drive—or go—up to the cap, and therefore all other sorts of limits are harmless are well. I of course do not actually think that; I am just suggesting that is how one could logically extend her argument, if we are to view all caps and limits as in fact being targets, or incentives to hit them.
Alison Griffiths
Of course, the historical evidence is not in the hon. Gentleman’s favour. For example, universities charge education fees to the cap almost immediately, and the same is true of other things—market behaviour is such that that will happen. May I also correct his suggestion of the Conservative position on 20 mph limits? We do not want to get rid of all of them, only the blanket 20 mph limits. They need to be used precisely in order to meet their objective. That is why a blanket cap or ban makes no sense, but I thank the hon. Gentleman for his intervention. We have already secured a review of these changes, and it makes sense to allow that work to take place before introducing further legislation .
I will begin by responding to the shadow Minister. I am no physicist, but I know that a plane must fly on both its left and its right wing. I am very pleased therefore to see the consensus across the room today on the principle of a review of airport drop-off changes.
On a serious note, Members have raised a number of key themes which go to the heart of why a review has been deemed necessary by the Government. That is to ensure that when consumers travel through our airports and use the drop-off facilities, they can be assured that fairness, transparency and ultimately choice about their transport mode is at the heart of their travelling experience.
The shadow Minister was right to point to the special impact that drop-off charges can have on people with disabilities who travel. I would also focus on people who travel from rural communities to airports, who might not have the public transport access that they require. It is of course worth noting that airports provide bespoke drop-off locations for people with disabilities, but that brings us to another question about signage and access to those spaces. Those points were very well made, and those sorts of issues should form part of the discussion about how this system evolves.
Speaking to new clause 6, I have a particular question about freezing a cap in aspic, at around £5. Is it proportionate and is it enough? There was a point about disparity around the country, which is worthy of further discussion. Ultimately, I identify with the point made by the hon. Member for Sutton and Cheam about ensuring fairness and compliance with mode shift targets where public transport access to airports is poor. It is also worth reflecting on the shadow Minister’s contribution that actually a lot of planning requirements on airports need management of mode shift targets in a way that impacts directly on how those drop-off systems work. That is worthy of consideration.
Though we can have conversations about fairness, transparency and choice, drop-off charges are often used by airports to make very necessary improvements to their facilities and access. That is also worthy of consideration. The shadow Minister perhaps did not point to the work we have done more recently to facilitate airport expansion and modernisation, which helps the airport sector to grow. That being said, she is right to point to the fact that the cost stack faced by airports is of material concern, and therefore we have to be cognisant of what we do in terms of reviewing airport drop-off charges and think of them in the round when we consider how best to support the sector.
On that basis, there have been some great contributions by both Government and Opposition MPs speaking to the constituency impact of drop-off charges. The review will be designed to address some of those questions. I do have concerns about new clause 6, which mean that I cannot support it.
Amendment 1 agreed to.
Clause 7, as amended, ordered to stand part of the Bill.
Clause 8
Directions about implementation
Sadik Al-Hassan
It is a pleasure to serve under your chairship, Ms McVey. Before entering this House, I spent nearly two decades as a pharmacist. That gives a person a particular view of the world, as staying up to date with technology, processes and drugs is crucial to saving lives, and that is, in part, why I support the Bill, including clause 8. Surely, if it is good enough for pharmacy, staying up to date, with modern rules, plans and powers, is good enough for flying.
Clause 8 will help with a problem that my North Somerset constituency, which is home to Bristol airport, knows only too well. With around 12 million passengers using the airport and a potential expansion on the horizon, we must reform and bring up to date the 1950s framework that governs our airspace. My constituents stand to gain the most from that, including less noise overhead, greater efficiency, lower greenhouse gas emissions and fewer delays.
As with all things, there is a cost to doing nothing. Without reform, flight delays are expected to rise by 200% by 2040. We must also do all we can to help to combat climate change. The establishment of the UK Airspace Design Service will deliver the resilience and efficiency that our airspace needs. The service has begun its work in London, but will the Minister consider Bristol as a priority for the next phase? North Somerset residents have waited long enough for an airspace that works for them.
Alison Griffiths
I will speak briefly to amendment 27 and clause 8. On amendment 27, the Opposition of course believe that local communities should have the opportunity to make their voices heard when decisions may affect them—that is an important part of the process. Consultation should be meaningful and, intrinsically, there ought to be sensible, local, proportionate mitigations.
I have concerns, however, about the additional requirements that the amendment would impose. The clause addresses the implementation of airspace changes, including those that have already been approved by the Civil Aviation Authority. I question whether it is sensible to require further environmental and noise impact assessments before the Secretary of State can even issue a direction to implement those changes. Our aim ought to be to reduce the merry-go-round of regulation that impairs growth and investment; after all, modernising our airspace is absolutely vital to improving capacity, reducing delays, and ensuring that our airports can grow and expand. The last thing we should do is introduce further requirements that risk holding up improvements that have already been through the appropriate approval process.
Of course, local communities should have their voices heard and their concerns properly considered, but that must be done proportionately. We cannot allow endless assessments and procedural hurdles to strangle the growth of our aviation sector. Therefore, while I recognise the importance of local consultation and the intentions behind the amendment, I confess that I have reservations about the additional burdens it could create. For those reasons, the Opposition will abstain in any vote on the amendment.
Clause 8 allows the Secretary of State to direct that approved airspace changes and the findings of airspace design reviews are implemented. We support the modernisation of our airspace, and we want to see approved changes delivered without unnecessary delay.
Olly Glover
I have heard the debate; perhaps we need to have a whip-round to buy the shadow Minister a house underneath the flightpath and see if her view would remain the same then. I would like to press amendment 27 to a Division.
I thank the hon. Member for Didcot and Wantage for tabling new clause 9, which seeks to establish a duty to provide information about flight delays. Passengers should receive timely, accurate and accessible information when their flight is delayed or disrupted. However, many of the matters addressed by this new clause are already covered by existing legislation and regulatory oversight. Airlines are already required to provide passengers with information about disruption and, where applicable, in accessible formats. The CAA monitors compliance with those requirements and recently conducted research on airline communications with passengers during disruption. The report looked at passengers’ preferences and made recommendations to airlines, and the CAA will work closely with industry to take those forward to improve passenger communications.
While the intention of this new clause is clear, it would create a new and highly prescriptive statutory regime, including requirements for updates every 30 minutes, regardless of operational circumstances. We do not believe that duplicating existing obligations is the most effective way to improve the passenger experience. Instead, our focus should be on ensuring compliance with, and effective enforcement of, the framework already in place, while retaining the flexibility under the Bill to introduce targeted requirements in future where evidence demonstrates they are needed.
Alison Griffiths
I will speak to new clause 9. I have considerable sympathy with what the hon. Member for Didcot and Wantage is seeking to achieve, and the principle behind this new clause is very sensible. Passengers deserve timely, accurate information when their flights are delayed and the industry should absolutely be doing everything possible to improve communication. However, I do have some concerns about the practical implications of requiring airlines to provide updated departure estimates every 30 minutes, particularly when delays are caused by circumstances outside their control, as we have seen with the recent National Air Traffic Services incidents. We must be careful not to impose additional costs and administrative burdens on airlines without being satisfied that those requirements are proportionate and deliver a genuine benefit to passengers. While the Conservatives strongly support its direction of travel, we have some reservations about the precise requirements in this new clause and will therefore abstain.
Olly Glover
My apologies; I should have covered new clause 9 when speaking at the beginning—that was my oversight—but both the Minister and the shadow Minister have summed it up well. All I would add on that particular new clause is that, while I understand what hon. Members have said, we are going to have to do something to improve this issue, rather than just hoping that the marvellous aviation sector sorts it. These are very long-standing problems. Technology, and information technology in particular, have moved on. It should be easier to do these things well. The Minister keeps referring to clause 1—goodness me, the heavy weight of expectation really does sit upon it; it will perhaps be the most impactful clause 1 there has ever been in a Government Bill, the way he is talking it up. We can keep an eye on that in future. I shall not push these new clauses to a vote, as we do have a few more to get through; I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 5
National Disruptive Passenger Database: Duty to publish proposals
“(1) The Secretary of State must, within six months of the day on which this Act is passed, publish proposals for a National Disruptive Passenger Database.
(2) The proposals under subsection (1) should include, but not be limited to, provisions that would—
(a) facilitate airlines to share information on disruptive passengers;
(b) require airlines to notify the Government of an incident involving a disruptive passenger;
(c) alert participating airlines when a person in the database books a flight; and
(d) provide airlines with an option of refusing to carry passengers flagged by the database.”—(Olly Glover.)
This new clause would require the Secretary of State to publish proposals for a National Disruptive Passenger Database.
Brought up, and read the First time.
Alison Griffiths
I thank the Minister for his response. To conclude, although we welcome the debate that the new clause has prompted, and we recognise the importance of the issue that it raises, we will be abstaining, pending more information from the Minister.
Olly Glover
We have heard enough. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 8
Passenger Luggage Minimum Sizing: Duty to produce regulations
“(1) The Secretary of State must, within six months of this Act receiving Royal Assent, lay before Parliament regulations providing for ‘British Standard’ luggage for Air Travel.
(2) The regulations specified in subsection (1) must set out the following definitions—
(a) ‘British Standard Hand Luggage’, namely a hand bag or personal item form of carry-on luggage; and
(b) ‘British Standard Suitcase’, namely a form of large carry-on bag.
(3) Regulations made under this section must provide for a minimum size, both in terms of dimensions and weight, for both the British Standard Hand Luggage and the British Standard Suitcase, and require airlines to allow luggage which meets the definition of a British Standard Hand Luggage to be taken on board by passengers without charge.
(4) The regulations made under subsection (1) may permit airlines to charge passengers who wish to carry a British Standard Suitcase aboard, however airlines may not impose a restriction on ‘carry-on luggage’ which would be smaller than the definitions of a ‘British Standard Suitcase’.
(5) Regulations made under this section must establish a cap on any fines or penalties that airlines may charge for luggage that does not meet the definitions of either ‘British Standard Hand Luggage’ or ‘British Standard Suitcase’.”—(Luke Taylor.)
This new clause makes provision for a minimum standard for hand luggage and carry-on bags and establishes a cap on any fines or penalties that airlines may charge for luggage that does not meet those standards.
Brought up, and read the First time.
(2 weeks, 1 day ago)
Public Bill Committees
Olly Glover
The amendments and new clause 14 are intended to strengthen the consumer and general citizen protections that the Bill has the opportunity to provide, should our amendments be accepted.
Amendment 24 would stipulate that regulations coming from the Bill cannot create lower passenger and consumer standards than currently exist. This is important because, whether we are debating information rights, delay compensation or the powers conferred on the Secretary of State, the test has to be the same: does the provision leave the passenger better protected or leave the door open to an erosion of the standards that they currently enjoy? The amendment does not seek to load new obligations on to the Government but simply asks that when Ministers use the powers that the Bill grants them, they cannot use them to quietly lower the bar. Where the Government take a power to make new regulations, the existing baseline of protection should not be capable of being diminished through that power.
This approach is not novel; section 20 of the Environment Act 2021 requires a Minister, before the Second Reading of any Bill touching environmental law, to confirm that it will not reduce existing environmental protection. If they cannot do so, they must say so and explain why. That single duty has kept the floor from moving. Air quality standards inherited from European Union law were carried through undiluted, and remain in force today.
Amendment 25 would put into law that family groups cannot be separated when travelling under the same booking, ensuring that children and adults requiring care are not seated away from an accompanying adult. In other aspects of life, when someone makes a booking and finds that they have been seated separately from their children or family, that is not considered acceptable; the booking has to be honoured or redress has to be made.
Even on other modes of transport, that is the case. For example, on a train, if someone reserves multiple seats in the same booking, the booking system automatically tries to seat the whole party together—although admittedly, on occasion, there is disruption, or CrossCountry decides to put on a four or five-car train, ruining all that, but that is perhaps another matter. Why do those arrangements not also apply to airlines?
This issue might be more common with some airlines than others, but they can currently get away with what they are doing because there are no restrictions. We hear far too many heartbreaking stories of passengers being treated in that way, and particularly of passengers with disabilities being treated as a lower priority.
We are glad to hear reports that the Government have been convinced of the case that we set out for this change in the House of Lords and are now considering consulting on scrapping any charges for being seated next to children under the age of 14. However, we really believe that this requires focus, so we very much hope that the Government will view amendment 25 favourably or otherwise indicate what they are going to do instead of accepting it. Subject to the Government not being willing to accept that principle, we will press amendment 25 to a Division.
Amendment 26 would require that, if the UK diverges from EU aviation laws regarding passenger rights and compensation, the new domestic standards must match or exceed the level of protection currently provided by the EU. For the reasons that I have outlined, it is important that we maintain our current standards as a minimum—of course, we want to increase them.
New clause 14 would support amendment 25 by introducing automatic refunds for a failure to honour pre-purchased seats.
Let me say something briefly about the Opposition’s amendment 7. I understand what the Conservative shadow Minister intends with the amendment, and I would be interested in hearing her case if it is about transparency and good governance; however, I feel there is a tendency on the Conservative Benches to table such amendments more when it comes to European Union matters than to others, which I find ironic given how often they accuse the Liberal Democrats of being obsessed with Europe. Perhaps they have a comparable obsession, but in a different direction.
I think I have said more than enough, and I look forward to hearing other Members’ comments.
Alison Griffiths
I will speak to amendments 24 to 26, amendment 7, which stands in my name, and new clause 14, which have all been grouped together.
Amendment 24 sets out an eminently sensible ambition, namely to ensure that any future regulations do not water down the passenger and consumer protections currently in force. That is an important principle and one that we recognise. Of course, as hon. Members know, the Opposition support a thriving, competitive aviation sector, but passengers must also have confidence that, when they travel, they will be treated fairly and the protections that they rely upon will be upheld.
That is particularly important for disabled passengers and those with reduced mobility. Far too many people still face unnecessary difficulties when travelling by air, whether regarding the provision of assistance, the handling of mobility equipment or simply being able to travel independently and with dignity. Those matters deserve serious attention. As we—and particularly my Conservative colleagues in the other place—have consistently argued, accessibility should be considered from the outset rather than treated as an afterthought.
However, I have some reservations about binding ourselves to every existing regulation, particularly where certain requirements may create perverse incentives, impose disproportionate burdens or simply fail to deliver the outcomes that they were intended to achieve. We should always be in the business of retaining the flexibility to revisit and improve regulations where necessary, while ensuring that passengers remain properly protected. We welcome the overarching objective of the amendment, but given those concerns, we will abstain.
Olly Glover
I thank the Minister for his comments. We are content not to press all the amendments, except amendment 25. The Minister has given some assurances about the Government’s future intentions, which are good but not quite enough. With the Chair’s permission, we would be a grateful for a Division on amendment 25.
Alison Griffiths
We would like to press amendment 7 to a vote. I do not consider the Minister to have sufficiently addressed our concerns around the reasons and impact of the provisions in the Bill.
Olly Glover
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment proposed: 25, in clause 1, page 2, line 9, at end insert—
“(2A) The regulations must include provision prohibiting a carrier from seating members of the same booking in such a way that any child under the age of 16, or any adult requiring care, is not seated adjacent to, or within immediate proximity of, at least one accompanying adult or carer included in that booking.
(2B) For the purposes of subsection (2A), an ‘accompanying adult or carer’ means a person who is—
(a) a parent or guardian of the child,
(b) a carer responsible for the child or adult requiring care during the journey, or
(c) any other adult who has legal responsibility for the child or adult requiring care,
and who is included in the same booking as the child or adult requiring care.
(2C) For the purposes of subsection (2A), an ‘adult requiring care’ means a person aged 16 or over who requires assistance or support from another person during the journey by reason of disability, illness or any other condition affecting their ability to travel independently.”—(Olly Glover.)
This amendment requires regulations to prohibit airlines from separating family groups travelling under the same booking, ensuring that young children and adults requiring care are not seated away from an accompanying adult or carer.
Question put, That the amendment be made.
Olly Glover
I want to say a bit about the Conservative amendment 11, which would introduce an independent review stage before an appeal went to the High Court or the Court of Session. We on the Liberal Democrat Benches feel that it is a sensible amendment. We are somewhat perplexed by the logic of the Government’s not being keen on it, given that in the Railways Bill the Government put in an extremely high bar for any legal action against a decision taken by Great British Rail or the Office of Rail and Road.
Using the same principle, logic would suggest that the Government should welcome opportunities to avoid litigation and protracted court procedures—opportunities that, to us, would quite sensibly introduce an element of peer review to ensure that the enforcement action or notice taken by the CAA made sense before it got to the courts. I would be interested to hear the Minister’s comments on why, given that context, he thinks this amendment does not make sense.
Alison Griffiths
I thank the hon. Member for Didcot and Wantage for his support, and indeed the Minister for recognising that the underlying principle is absolutely the right one—that this is an important safeguard, to use his words. It is not administrative, as he argued; we should be ensuring that the CAA is not judge and jury.
Clause 5 and schedule 1 give the Civil Aviation Authority new enforcement powers, while clause 6 brings the existing rules on banned air carriers and informing passengers which airline will operate their flight within the consumer protection enforcement framework. We support those provisions and the principle of effective enforcement, but we believe that the process needs an additional safeguard for those affected by the CAA's decisions. As such, we have tabled amendment 11, which stands in my name.
The Opposition have tabled the amendment to ensure that there is a more sensible and balanced process for reviewing enforcement notices issued by the Civil Aviation Authority. As the Bill is currently drafted, the route for challenging these decisions is through an appeal to the High Court or Court of Session. I must say I think that that is quite unreasonable. Surely there should be an opportunity for an independent review of the decision before businesses are expected to embark on potentially costly and lengthy court proceedings. That is precisely what our amendment seeks to achieve.
We are simply suggesting that an additional check should be available, allowing an independent reviewer to consider whether a notice could be confirmed, varied or withdrawn before the matter proceeds to court. That would provide greater certainty and clarity for those affected, while helping to ensure that the process was fair and proportionate. Importantly, it would not prevent anyone from pursuing an appeal through the courts if they remained dissatisfied. It is an entirely sensible safeguard; I hope the Minister will now recognise the merits of the amendment and support it.