Oral Answers to Questions

Patricia Gibson Excerpts

Thursday 3rd December 2020 Commons Chamber

[Robert Courts]

This issue is of enormous importance to all rural communities. I represent a rural area, so I understand the points my hon. Friend makes. The Government entirely understand the importance of sustainability of rural transport for communities across the UK. The national bus strategy we are developing will set out how national and local government, and the private sector, together, will meet the needs of these communities.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

Following criticism from the Office for Budget Responsibility of Treasury calculations and assumptions, and at a time when the aviation sector is on its knees, what concerns does the Secretary of State have about the scrapping of the airside extra-statutory concession and VAT retail export scheme, given that it supports hundreds of jobs at Scottish airports and helps smaller airports maintain and attract new routes, through cross-subsidy?

[Robert Courts]

Taxation matters are, of course, a matter for the Treasury. We have encouraged the sector to keep feeding in the data and its experiences, because all taxation matters are always kept under review.

Aviation Sector

Patricia Gibson Excerpts

Thursday 10th September 2020 Commons Chamber

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

The star award for using covid as an opportunity to demoralise and destroy its workforce has to go to British Airways. One of my constituents—a long-standing employee of 25 years—told me that after months of toxic bullying and mental anguish, she has been offered a new contract that is so deliberately ambiguous that she feels she has to take it or face redundancy. The worrying proposals in the new contract include, for example, that she may be forced to relocate temporarily or permanently to anywhere in the world. An associated company may also take over her holiday entitlement; that company will also have access to her health records and, bizarrely, the right to search her and her property. All that for a 40% reduction in her pay, while the outgoing chief executive is £3 million better off.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

The hon. Lady has made an important point. Does she agree that because this appalling behaviour towards the workforce has gone unchecked, it has been replicated by other companies such as Centrica? Does she also agree that the Government should support the Employment (Dismissal and Re-employment) Bill, sponsored by my hon. Friend the Member for Paisley and Renfrewshire North (Gavin Newlands), which would stop this appalling practice?

[Mrs Lewell-Buck]

The hon. Member’s intervention leads me nicely on to my next point. My constituent tells me that some of her colleagues have actually taken their own lives and some have suffered heart attacks. The Government are not powerless. They can put a stop to these awful fire and rehire practices before they spread through other industries.

Our easyJet base in Newcastle has also closed. Our neighbours in Europe, recognising the value of regional connectivity, jobs, skills and a supply chain that benefits the wider local economy, have given substantial bailouts—not loans—to their operators. They have also substantially extended furlough, which the Government here rejected outright yesterday. I spoke to an easyJet pilot who asked me to put to the Minister why the Government are not considering travel corridors on a region-by-region basis in the same way they have applied measures in the UK. It does not make sense to shut down access to an entire country when just one part of it has an outbreak of coronavirus.

I am sure that the Minister will tell us that the Government have set up the aviation engagement unit, but can he tell us exactly what it has achieved? From what I can see, it has achieved very little so far. My constituents’ futures and jobs are on the line. It is in the Government’s gift to do something. Why don’t they?

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[Seema Malhotra]

The hon. Member makes a very important point. Indeed, may I put on record my thanks to Unite, GMB and the other unions that I have been working with for all that they have done, day in, day out, to support workers and their businesses? He also makes a very important point about the retention of skills. Airport businesses have said to me that it takes six to nine months to train somebody to work in such a complex environment. Even cleaning an aircraft is as much about understanding security and counter-terrorism as it is about being able to serve all those passengers and the company. I thank him for making that point, because it links to the issue that this is about not just individual employees, but our readiness to recover when the time comes and keeping our businesses in place.

It is important to act now. Tens of thousands of jobs could be saved by a flexible extension to furlough, allowing employers to have employees on reduced hours perhaps, which will mean that families are supported to pay their bills and to stay in work. If the Chancellor and the Transport Secretary do not do this, they are simply passing a preventable problem over to an already stretched Department for Work and Pensions. In Feltham and Heston alone, there has been a 74% increase—to more than 19,000 people— in the number of people on universal credit. The local citizens advice bureau has talked about the level of inquiries it has had on debt. People are now being forced to borrow from loan sharks to pay one bill as another red letter looms.

[Patricia Gibson]

No doubt the hon. Lady will share my disappointment that the Chancellor’s promise of tailored support has not yet materialised. Does she agree that ending furlough in October, just at the point when payment holidays are ending, will cause real difficulties for families? There is no respite for them. It really is time for the Government to step up and provide tailored support for furlough.

[Seema Malhotra]

The hon. Lady is absolutely right. She shows that families will look forward to Christmas with dread, rather than with aspiration and hope for the new year. In six months’ time, we could be seeing children who are preparing for exams after two years of disrupted education being evicted from their homes—that is the scale of what will happen. I request that the Government act quickly to ensure that we get support in place early and that we do not see a wait until November, when it could be too late.

A recent report by Oxford Economics has shown the scale of local jobs around Heathrow: 133,000 jobs are being directly and indirectly supported, including in the Prime Minister’s constituency. Following his response to a parliamentary question about membership of the expert steering group, however, I am concerned that the Minister is not hearing all the voices in aviation. Perhaps he will not mind if I write to him with additional suggestions for under-represented voices and academic voices that could be useful in thinking about the future of aviation.

In summary, I make five recommendations: working with employers, a flexible and targeted continuation of furlough to keep people in work until aviation recovers—other countries are doing it, and so should we. Business rates deferral has been called for by Heathrow—I have written to the Prime Minister about it; Heathrow has not said “waiver”, it has said “deferral”—to help with cashflow, which in turn will help other businesses. Reduced quarantine through increased testing will bring greater confidence to fly. I also recommend a slot waiver review, so that airlines are not penalised next year for being unable to use slots this year. Finally, I recommend investment for growth, including through a new communities fund.

That extension of furlough, however, should also be conditional. For example, Heathrow has issued its own section 188 notice and, on Dnata Catering, many employees have written to me to say that they are being forced to sign a new contract on reduced terms. Instead, those companies should be negotiating with their unions for a solution—

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[Joy Morrissey]

My hon. Friend makes an excellent point, which she raised in the first debate. BA employees said it was an excellent point and that they would like to see that. They have had no representation and no way to appeal against the practice that BA has used against them.

I hope we can move toward a better approach to the aviation sector. I will fully support that. I fully support further tax cuts to aviation and further furloughing—anything to keep the sector going. However, we should not reward bad behaviour by giving in to companies that exploit British employees at the cost of transnational profits.

[Patricia Gibson]

rose—

[Mr Deputy Speaker (Mr Nigel Evans)]

Is the hon. Lady taking the intervention?

[Joy Morrissey]

indicated assent.

[Patricia Gibson]

The hon. Lady rightly said that BA has behaved very badly towards its employees and everybody agrees on that. Will she then explain why she is not willing, and her party is not willing, to back the fire and rehire Bill?

[Mr Deputy Speaker]

Order. I call Ian Byrne.

Thomas Cook

Patricia Gibson Excerpts

Wednesday 25th September 2019 Commons Chamber

[Grant Shapps]

Broadly speaking, we know that the previous Monarch operation was £50 million, and this issue is probably about twice the size, so that indicates a cost of some £100 million.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

My constituents in Largs and Saltcoats will be keen to make sure that outstanding wages are paid to them. What words of advice does the Secretary of State have for the other airlines that are clearly and ruthlessly profiteering on the back of this collapse?

[Grant Shapps]

There were some early examples of what looked like incredible surge pricing, and that is very unwelcome. We contacted the airlines through the CAA. Most of them have overridden that system, as I mentioned. Some of them are undercharging and others have lent their planes. I would therefore be interested to see any ongoing examples that I can ask the CAA to investigate.

Oral Answers to Questions

Patricia Gibson Excerpts

Thursday 13th June 2019 Commons Chamber

[Mr Speaker]

Indeed, and no one knows how to excite and inspire better than the Minister. We will now hear from North Ayrshire and Arran, apparently in relation to matters Kettering. The mind boggles, but we are about to be enlightened.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

There is an issue that will, I am sure, have great importance for the people of Kettering, as it will for the people of Scotland. Fifty four per cent of delays and cancellations in Scotland are down to issues with Network Rail, and I am sure that the people of Kettering have a similar story to tell. Given that the respected think-tank Reform Scotland has said that the devolution of Network Rail to Holyrood would be a major step forward in integrating the Scottish transport network, why does the Minister not agree with Reform Scotland?

Draft Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019

Patricia Gibson Excerpts

Monday 4th March 2019 General Committees

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

I will keep my remarks brief. Everybody will appreciate that the draft regulations are very important to protect motorists. In fact, they are far too important to be considered with just over three weeks until Brexit. Once again, it is a pity that we find ourselves scrambling at the last minute to bring in some damage limitation.

The UK Government’s retention of EU policy in so many areas is a testament to the regulatory excellence of the arrangements we already have, which some people in this Parliament would like to reject. I ask the Minister to offer reassurance on some concerns that have been expressed. The main point—I know it has been made, but it is important—is that the Department for Transport and the Motor Insurers Bureau must work together to ensure that bilateral agreements are in place with EEA countries, in order to guarantee that UK residents who have the misfortune to be injured abroad in road traffic accidents continue to have a straightforward route to justice.

As we have heard, currently when a UK national is injured in a road traffic accident in the EEA and the injury is caused by another’s negligence, the injured person can pursue a claim in the UK in their own language, with a local solicitor. After the UK’s withdrawal from the EU, any such UK resident will have to make their claim in the country in which the injury occurred.

It is obvious how that could create difficulties for UK citizens, since there may well be language barriers. A solicitor would need to be found and any such claimant would need to pay for their legal advice and representation, which may not be recoverable. They may need to visit the country in which the accident took place in order to fully pursue the claim, with all the extra costs that may be incurred. For far too many people with legitimate claims, that may be prohibitively expensive. Depending on the severity of the injuries suffered, it may not even be possible. There is also concern that such claims may take many years to be heard, never mind settled. What reassurance can the Minister offer for those concerns?

I am sure the Minister will understand that confidence in this Government has been profoundly shaken with regard to Brexit-related transport issues, given the cancelling of the boatless ferry firm Seaborne Freight. The fact that a ferry firm with no boats could ever have been awarded a ferry contract has left many deeply concerned about post-Brexit transport issues, which I am sure he will understand.

Draft Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019

Patricia Gibson Excerpts

Monday 28th January 2019 General Committees

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

The instrument uses powers under the withdrawal Act to ensure that the retained EU law functions correctly after the UK has left the EU. However, this Delegated Legislation Committee is a missed opportunity, as once again the UK Government have failed to provide key protections for Scottish airports and flight routes. Indeed, the SNP was unable to support the third runway at Heathrow because the Department for Transport was not able—or perhaps not willing—to specify the number of Scotland to London flights it would protect, beyond a vague commitment of around 100 extra per week under public service obligations. The Minister himself has spoken about the lack of a formal guarantee of public service obligations for the flights of greatest benefit to Scotland, and the hon. Member for Gordon (Colin Clark), a Tory MP, has pointed out that Heathrow’s international success has undoubtedly squeezed out domestic routes.

I ask the Minister why, after two years of promising that an aviation agreement was imminent, the Secretary of State for Transport eventually admitted that talks have not even begun. I also ask whether the Minister has seen the latest briefing from the Airport Operators Association regarding its concerns about a no-deal Brexit, and whether he would care to comment on that briefing. The SNP recognises that a well-designed Heathrow expansion plan would provide significant benefits to Scotland’s economy and connectivity. However, we cannot support anything that short-changes Scotland’s passengers, its airports or its economy, as the lack of protection for Scotland’s airports in this statutory instrument would.

[Jesse Norman]

I am happy to respond to the concerns raised by the hon. Member for North Ayrshire and Arran. She has said that the instrument is a missed opportunity to support Scottish airports; unfortunately, that is a misreading of the secondary legislation. The only purpose to which the legislation can be put, under the European Union (Withdrawal) Act, is to transfer EU legislation—suitably corrected—into UK legislation. The question of whether to approve any future legislation that might affect those terms is a further decision for Parliament; all that can be done under this piece of law is to “lift and shift”, which is what this instrument does. In my remarks, I made it perfectly clear that nothing has been done through the instrument that could in any way affect the public service obligations from which Scotland benefits.

The hon. Lady raised the matter of discussions. The Department and the Government have always been engaged, ready and willing to have discussions about the terms of an air services agreement. The concern has not been on our side; the concern has been about what position the EU wishes to take. I am sure that the hon. Lady will be reassured that many of the moves that have been made over the past few weeks have been positive ones, notably the declarations that there will be overflights over EU states, that there will be a 90-day period of visa-free access, and that security checks and other measures will not be replicated in the aftermath of Brexit.

The hon. Lady asked a question about the briefing from the Airport Operators Association. I am afraid that I have not seen that briefing, so I cannot comment on it, but I invite her to send it to me if she would like.

[Patricia Gibson]

The Minister has said that he has not read the briefing from the Airport Operators Association, but does he understand the very serious concerns about the prospect of a no-deal Brexit, for which we seem to be preparing today?

[Jesse Norman]

If I may say so, those concerns are no more than the concerns we within the Government have expressed about the need for a deal, and that is what we are pressing for. As we have said repeatedly, we support a deal and are pressing for one. We invite the hon. Lady’s party to support a deal, which it has so far failed to do. The fact that the deal is being impeded in part by the votes of her own party casts her comments in an ironic light. However, that has not been the problem; the problem has been on the other side of the equation.

The hon. Lady raised the issue of whether Scotland is being short-changed by this legislation. In fact, the exact opposite is true: the interests of Scots are being fully protected within the legislation, and we would expect them to remain so.

I am happy to answer questions, as I have done so far. This is an important and small, but technical, piece of legislation that we need in order to continue to prepare for Brexit, and I commend it to the House.

Question put.

Draft Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2018

Patricia Gibson Excerpts

Wednesday 9th January 2019 General Committees

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

I will be extremely brief, Mr Davies. These provisions are welcome because, as we all recognise, it is important to retain EU legislation on air passenger rights and to have continuity in terms of passenger rights that apply to air travel, and to know that consumers continue to be protected if there is no mutual recognition of insolvency protection regimes after exit day.

We all agree that this is very important. It is essential that we have clear assurances that in the event of a no-deal Brexit, all EU air safety standards will be unilaterally applied and that work will continue with the EU to ensure that adequate systems are in place, to fully protect passengers, and that current EU passengers’ rights and standards are locked into any future partnership. That will, at the very least, ease some concerns about deregulation in the event of hard Brexit.

I will end by saying to the Minister that each day, regrettably, the number of people requiring this protection reduces, as sterling hit a 20-month low last month and fewer and fewer of us can actually afford to travel, with the pound being worth less than it was before the confusion that we currently face.

Taxi and Private Hire Licensing

Patricia Gibson Excerpts

Tuesday 13th November 2018 Westminster Hall

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

It is a pleasure to participate in this debate. Like the speakers before me, I thank the hon. Member for Cambridge (Daniel Zeichner) for initiating this debate.

As we have heard, taxis are now an integral part of our lives, providing jobs and opportunities to people across the UK and enhancing transport links to our local and rural communities. The report by the task and finish group on taxi and private hire vehicle licences, which we are focusing on today, urges the UK Government to overhaul the regulatory regime for the taxi and private hire vehicle sector and has recommended minimum standards for drivers, vehicles and operators in taxi and private hire vehicle licensing.

There have been calls for the UK Government to convene a panel of regulators, passenger safety groups and operator representatives to determine what those minimum safety standards should be. It has been suggested that licensing authorities should be able to set additional, higher standards in safety and all other aspects, depending on the requirements of particular local areas, as the hon. Member for Cambridge and the right hon. Member for South Holland and The Deepings (Mr Hayes) pointed out.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Member for Cambridge (Daniel Zeichner) on bringing this debate to the House for consideration. The lines between a hackney carriage, a black taxi and a private hire vehicle have become blurred; there are those who know how to play those blurry lines to their benefit and those who have paid the price, through fines and even the loss of their licence. Does the hon. Lady agree that this report gives the opportunity for regulation, and that that regulation should be across the whole of the United Kingdom of Great Britain and Northern Ireland?

[Patricia Gibson]

The hon. Gentleman makes an excellent point about the blurring of the boundaries. I will go on to talk about this in a wee bit more detail, so I will simply say for now that taxi licensing is devolved in Scotland, Wales and Northern Ireland. There are pretty slight but pretty important divergences across the UK that deal with the kind of issues that he has raised.

The Suzy Lamplugh Trust’s research on taxi and private hire vehicle drivers revealed that only 46 out of 316 local authorities were able to provide it with detailed information about drivers’ criminal histories on request. Indeed, the research went on to reveal a significant number of licensed drivers with serious criminal convictions. The fact is that the “fit and proper person” test that is used for anyone applying to drive a taxi or private hire car is pretty ambiguous, and means that some local authorities are granting and renewing licences that perhaps we would not want them to.

The Local Government Association in England is creating a voluntary register, as we heard from the hon. Member for Cambridge. That, of course, is an interesting idea, but if it is voluntary, inevitably its impact in bringing about the changes that many of us would like to see will be limited. We know that the advent of smartphone apps is already having a significant impact on the way taxis and private hire cars operate, which is challenging existing businesses and regulatory models all the time. We have heard a lot about that today.

We need all and any taxi or private hire companies to comply with the existing licensing requirements set out in legislation and to ensure that all vehicles and drivers are properly licensed. We heard much about that from the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith). We also need to pay attention to unfair working practices and ensure that those working in the so-called gig economy have fair, protected and decent working conditions. If work must be flexible, it should still be fair; the two are not mutually exclusive. Workers should have appropriate rights and protections, including sick pay and holiday pay. It was disappointing that the Taylor review did not quite match up to many people’s hopes in tackling the real issues facing workers in insecure employment.

As I said earlier in answer to the hon. Member for Strangford (Jim Shannon), of course taxi licensing is devolved in Scotland, Wales and Northern Ireland. The licensing systems across the UK are similar, but there are important differences. One of the major differences, something that campaigners have flagged up and that has been made much of today, is cross-border hiring of private hire vehicles.

In Scotland, private hire vehicles are required to return to their licensing area to accept a booking after travelling outside that area. A private hire vehicle driver in, for example, Glasgow can accept a fare in Glasgow that takes them out of the city, but they cannot pick someone up outside the city. They must return to Glasgow to pick up another fare. I see no reason why the Minister cannot give serious consideration to the regulatory system in England.

There remains the problem of drivers illegally picking up off the streets without prior booking, which often overlaps with cross-border hiring. These so-called pirate cabbies have an impact on the livelihoods of other taxis and private hire cab drivers who follow the rules. They can also potentially put the public at risk, and I would wager that these pirate cabbies are causing problems across the entire United Kingdom—even in Scotland, where cross-border hiring is illegal.

Most particularly, I suggest it is likely to be a problem in big cities such as Glasgow, Belfast, London and Cambridge on the busiest nights of the week, especially Fridays and Saturdays. Clearly, more enforcement would help. The practice is a breach of cab licensing restrictions and invalidates car insurance. I know that in Scotland illegal taxi touting, where the illegal pick-up is often charged way over the odds for their journey, is an issue that Police Scotland are particularly interested in.

There is also the contentious issue of over-provision, about which we have heard much today. In Scotland, until fairly recently local councillors had no power to limit the number of private hires on the streets, but new legislation allows the licensing authority to refuse to grant an application for a private hire licence on the very grounds of over-provision of private hire cars in the area in which the driver plans to operate. Any assessment of over-provision must of course look at current provision, as well as the use of and demand for the service of both taxis and private hires, to ensure that demand can be fulfilled and there is fairness to all in the industry.

Local flexibility is important. It is also important that there should be a minimum number of wheelchair accessible vehicles, as the hon. Member for Cambridge pointed out. We have heard calls for CCTV licensing in cabs, but that is more controversial, because as well as cost considerations there are concerns about intrusion.

As the way we live our lives and access our leisure pursuits is increasingly reliant on technology, and as public transport can be challenging for some of our communities at certain times of the evening, taxi and private hire licensing also becomes more challenging. Our priority must be to keep the public safe, as well as to create a fair and reasonable environment for those who make their living providing this important service. Today we have heard some of those concerns and a little bit about some of the divergences and the different direction we have taken in Scotland. The concerns raised are important and require our attention; I am keen to hear what the Minister intends to do to answer them, whether he has had a look at how things operate in Scotland and whether any of those measures are perhaps things he would wish to adopt.

Monarch Airlines

Patricia Gibson Excerpts

Monday 9th October 2017 Commons Chamber

[Chris Grayling]

There is no doubt that that was a significant factor, and not only because of changes in consumer patterns. Many other airlines chose to concentrate their resources this summer in the traditional resorts of Spain and Portugal. Alicante airport and others were full of planes this summer, and Monarch got squeezed out in a price war for which it was not financially strong enough. Ironically, it carried more passengers than two years ago, but with far lower revenues, and that more than anything else is what has caused its demise. It is a consequence of the security situation and of people taking a cautious approach to their holidays.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

The sad fate of Monarch Airlines is a stark example of the realities of Brexit beginning to bite. There is no denying that the fall in the pound has led to significant increases in the operating costs for the airline over the past year. The weak pound has also affected consumers and led to a drop in bookings. Add to that the uncertainties over the future of British carriers in Europe that served as a significant deterrent for any potential buyer who might otherwise have been found, and Monarch’s fate was sealed. Does the Secretary of State agree that as long as uncertainties over Brexit continue there is a danger of similar high-profile collapses?

Can the Secretary of State say with certainty today that the rights of UK passengers will not be eroded or diluted after Brexit? Will he confirm that the Government will work with administrators and the unions to ensure that employee rights are fully respected during the process, and that—where applicable—compensation is made available in a timely manner, in view of the fact that the manner of the administration raises real concerns about employee rights?

[Chris Grayling]

I am really sorry the hon. Lady has taken that approach. Let me be absolutely clear: this airline did not fail because of Brexit; this airline failed because it had a business model that was not capable of dealing with a price war in the Mediterranean. That is the reality of the situation and that is what its chief executive said. The hon. Lady talks about Brexit causing a lack of investment, but in the past few weeks we have seen a big expansion. Jet2 has set up a new base at Stansted and there has been a huge investment in the UK by Norwegian, which is becoming a real player in the low-cost marketplace. The market is changing and sadly Monarch, a business that has been around for 50 years, was not able to adapt to those changes. I am afraid she is just doing a disservice to the economy of the United Kingdom when she claims that this was a consequence of Brexit. She talks about employees. The biggest favour we can do for the employees of Monarch is to work to ensure they get another job quickly, and that is what we are seeking to do.

Air Travel Organisers’ Licensing Bill

Patricia Gibson Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 11th July 2017 Commons Chamber

[Mr Hayes]

I really must press on.

Appendix 4 of the annual report is categorical about the committee’s constitutional role, and it sets out the committee’s membership, which includes the Association of British Travel Agents, the Association of Independent Tour Operators, the Association of Airline Consolidators, the Board of Airline Representatives in the UK and the Travel Trust Association. The committee also includes up to 10 independent members, of whom one will be the chair. Of course, as I set out earlier, the committee’s independence and expertise mean that it is in a perfect place to do the very work that the hon. Member for Kingston upon Hull East perfectly properly recommended to the House and that the amendment seeks to achieve.

Therefore, in the light of the fact that the Government have already obliged in law to review legislation within five years and have set up the independent panel of experts to report; that I have committed to seek guidance on the important issues the hon. Gentleman raises and to write to that committee asking it to review the legislation; and that the committee will report more often than annually as necessary, it would be extraordinary if the Labour party pushed this matter to the vote. It would be unreasonable for it to do so, but in the end that is a matter for it, not for me.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

Last week, there was uncharacteristic consensus in welcoming the Second Reading of this Bill, as it is perfectly desirable and sensible to update the ATOL scheme to ensure more protection for travellers when they go on holiday and to align it with the latest EU directive. However, there undoubtedly are a number of questions that will arise in relation to this scheme once the UK leaves the EU. We need cast-iron guarantees that the rights of and protections for travellers will not be diminished after Brexit.

On Second Reading, the Minister was clear in saying that he wished to protect passengers, but we lack the detail on that. We do not know when the UK will develop its own system of passenger rights and compensation in the aviation sector after Brexit, how similar it will be to current arrangements or how it will affect EU airlines and passengers. Scottish National party Members fully support the Government’s reviewing the impact of provisions under this amendment; surely it is right that they review the impact of the provisions to ensure that UK consumers are protected and are not disadvantaged by using EU-based companies. When we leave the EU, passenger rights must not be affected, and consumers and companies based in the UK and/or the EU need clarity on what their obligations are in respect of the ATOL scheme.

We have heard today that this will all be taken care of in the great repeal Bill, and I am sure we all hope it will. Last week, the Minister said he was keen to protect consumers, and I am optimistic that that will be in evidence today. His reasons for resisting reviewing the impact of provisions under this amendment do not seem clear. Periodic reviews still make sense; having a review within one year will inform the impact of the provisions and will still be helpful. The Minister is an eminent and sensible man, but I am at a loss here: if ATIPAC already carries out yearly reviews, why resist this? The reviews we are talking about merely write into legislation something that it appears is already happening. What has the Minister to lose? The committee provides advice, we are told, and this amendment writes into legislation—

[Mr Hayes]

This is very simple: if something is already happening—if it is already in law—one does not have to legislate for it again.

[Patricia Gibson]

The Minister is being a wee bit disingenuous here—

[The Chairman]

Order. That is not a word we would use, and I am sure the hon. Lady can think of something much more pleasant. The Minister is a nice man, after all, and I do not believe he would mislead the House.

[Patricia Gibson]

The Minister is an eminently sensible man, but the point is that I can only wonder why he is resisting yearly reviews which he has told us already happen. If they already happen, why not write them into this piece of legislation, if for no other reason than to reassure passengers as we face a post-Brexit world? I know he is an honourable man, and I urge him to reconsider and accept the amendment.

[Karl Turner]

The Minister is a terribly generous chap, but his attempts to pacify the Opposition with his promise of a letter to ATIPAC simply are not enough. That does not cut the mustard, so we will push the amendment to a vote.

Question put, That the amendment be made.

--- Later in debate ---

Air Travel Trust

[Patricia Gibson]

I beg to move amendment 1, page 2, line 10, at end insert—

‘(8) Regulations under subsection (6) may not be laid before Parliament until the Secretary of State has published an assessment of their impact and has launched a consultation on the proposed amendments to the definition of “Air Travel Trust.””

This amendment requires the Secretary of State to undertake an impact assessment and launch a consultation before bringing forward any regulations to amend the definition of Air Travel Trust under this Act.

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Amendment 3, page 2, line 10, at end insert —

‘(8) Before laying regulations under subsection (6), the Secretary of State must publish a full impact assessment and consult on the proposals.”

This amendment would require the Government to undertake a full impact assessment and consultation before bringing forward regulations to create any new air travel trusts through an affirmative resolution.

Clause stand part.

[Patricia Gibson]

Amendment 1, which stands in my name and that of my hon. Friend the Member for Kilmarnock and Loudoun (Alan Brown), would require the Government to undertake a full impact assessment and consultation before introducing any regulations to amend the definition of air travel trust under the Bill. Clause 2 requires that—[Interruption.]

[The Chairman]

Order. There is a lot of conversation. I really am struggling to hear, and I am not sure whether the mic is picking up this speech. Would hon. Members please have their conversations when they have left the Chamber?

[Patricia Gibson]

Clause 2 requires only that the Secretary of State has an affirmative resolution from each House of Parliament, but that is not enough. The Government should be required to conduct a proper consultation and assess the potential impact of any proposed changes to the ATOL scheme and air travel trust that they intend to introduce through secondary legislation. Any proposals must be fully transparent, and consumers and businesses alike must be formally consulted in the process to allow for proper scrutiny. We trust that the Minister will accept that and our reasons for tabling the amendment.

[Mr John Hayes]

I can satisfy the hon. Lady entirely. I fully intend to ensure exactly what she asked for: full consultation and a comprehensive impact assessment in respect of any regulations to be made under these measures. On that basis, I hope she will withdraw the amendment. If she does not, she will look rather daft.

--- Later in debate ---

[Patricia Gibson]

In the light of the Minister’s assurances to the House, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 3, page 2, line 10, at end insert —

“(8) Before laying regulations under subsection (6), the Secretary of State must publish a full impact assessment and consult on the proposals.” —(Karl Turner.)

This amendment would require the Government to undertake a full impact assessment and consultation before bringing forward regulations to create any new air travel trusts through an affirmative resolution.

Question put, That the amendment be made.

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Brought up, and read the First time.

[Patricia Gibson]

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

The new clause stands in my name and that of my hon. Friend the Member for Kilmarnock and Loudoun (Alan Brown). It would require the UK Government to report regularly on the effect of Brexit on consumer protection under the ATOL scheme and to report annually on the progress they have made.

Brexit throws up great uncertainties, not least in the aviation sector with regard to passenger rights, compensation schemes and how much change and/or stability can be expected. There is also the question of how EU airlines and passengers may be affected. The overriding concern about the Bill, welcome as it is, is that consumer protections must be safeguarded and, furthermore, that such protections must continue to be enhanced and updated as society and technology evolve, just as has happened during our EU membership. The UK cannot be left behind, stagnating in a post-Brexit world.

New clause 1 is an extremely important move to provide some comfort and confidence to consumers; a lack of guarantees will otherwise leave passengers vulnerable and might put people off booking holidays. That could only be bad news for our outbound tourism economy, which is so vital for jobs in Scotland and the rest of the UK. We intend to press the new clause to a Division.

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[Patricia Gibson]

I end where I began by welcoming and supporting the Government’s measures to update the ATOL scheme to provide more protection for passengers when they go on holiday and to align it with the latest EU directives. I welcome the progress made in this evening’s debate, but I was disappointed to hear the hon. Member for Kingston upon Hull East (Karl Turner) complain that today’s process has taken too long. If he sees that as a problem, I suggest that he perhaps contributed to it with his extensive remarks. I am sure that we all enjoyed them, but he seems to have contributed to the problem that he identified.

[Karl Turner]

I did not complain that the process was taking too long; I simply made the point that time in this House is incredibly important. An awful lot of things that were discussed during the proceedings on the Vehicle Technology and Aviation Bill could have made this legislation, but time has been wasted. These matters took 45 minutes in Committee. That was my point.

[Patricia Gibson]

I believe that the Minister has taken on board the legitimate concerns expressed tonight about how consumers are to be protected and have their current rights guaranteed as we head towards a post-Brexit world. There must be no diminution or stagnation of passenger rights as society and technology advance. It has been heartening to see how the Bill has proceeded through the House, and I have been delighted to be a part of these debates.