Air Traffic Management and Unmanned Aircraft Bill [Lords]

Robert Courts Excerpts

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

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

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

The Bill deals with air traffic management and unmanned aircraft, which I am sure will be of great interest to you, Mr Deputy Speaker, and to all Members of the House as we look towards the future of aviation.

The UK aviation sector is a global leader, and for an island nation it plays a vital role in connecting us to the rest of the world. It is an engine of trade and investment. It allows business to connect and tourists to visit all parts of the UK, and lets our citizens explore the world, and visit family and friends. Aviation has long been at the heart of the United Kingdom’s economic success, which is why the Government’s most immediate priority is to combat covid-19 and get the aviation sector safely up and running once again. We must also look to, and prepare for, the future. Aviation will recover, and it will grow, and grow sustainably, over the years and decades ahead. As passenger demand recovers, it is more important than ever to consider ways to future-proof our air space, which is a key part of our national transport infrastructure.

The Bill will introduce measures to support the much needed modernisation of our airspace, update the air traffic licensing framework to bring it in line with best practice, provide alleviation from the requirement to use slots at co-ordinated airports 80% of the time for them to be retained in the following scheduling period, and provide greater enforcement powers to help the police to tackle the unlawful use of unmanned aircraft.

Airspace modernisation is a critical infrastructure programme of national importance. The benefits of redesigning these motorways in the sky are significant for all those who use and are affected by airspace. The UK’s airspace is some of the most complex in the world, yet there has been little change to its overall structure since the 1950s. Upgrading it is essential to open up airspace for all users, including general aviation flyers and new types of aircraft such as drones or, as they are properly called, unmanned aircraft.

The Bill will limit the aircraft noise experienced by local communities, and reduce traffic delays when demand returns. Without change, predictions show that by 2030 a third of flights could be unnecessarily delayed by an average of 30 minutes, which is 72 times higher than in 2015. Critically, the emissions savings that modernisation will deliver are a key component of the UK’s commitment to reach net zero by 2050.

Unquestionably, 2020 was the toughest ever year for commercial aviation, but the need for modernisation has not changed. It is a long-term programme to future-proof against long-term demand, growth and change. However, the route to modernisation will change. In view of the pandemic and its effects on the aviation industry, most airports have temporarily paused their work on airspace change. But there will come a time, in the not-too-distant future, I hope, when the airspace change programme will be revitalised. The provisions in part 1 of the Bill will be critical to the success of that programme when that time comes.

The UK’s airspace is highly interdependent, particularly over the south-east region. For airspace change to take place, airports or other persons involved in airspace change have to work together and take account of the needs of neighbouring airports as well as their own. If one airport pulls out, it could delay the whole modernisation programme. Should that situation occur, neither the Government nor the Civil Aviation Authority currently has the powers to guarantee that airspace change is taken forward. Given the complex and interdependent nature of the airspace change proposals required for modernisation, the powers in the Bill are necessary to avoid any sponsor holding up another airspace change proposal or, potentially, the whole programme.

The current challenges facing the aviation sector are extraordinary, so let me reassure Members that the powers in part 1 of the Bill are only intended to be used as a last resort if airspace changes are not taken forward voluntarily or at the requisite pace. The Government do not intend to use these powers where delays are due to factors outside a sponsor’s control—for example, as a result of covid-19. The Bill also contains procedural safeguards for the potential recipient of a direction to progress or co-operate in an airspace change proposal—an ACP—designed to ensure that any direction is proportionate and robustly justified.

I turn to part 2 of the Bill. It has been more than 20 years since the establishment of an economic regulatory regime for the provision of en route air traffic control services. During that time, the technological and economic landscape of air traffic services has changed dramatically. The provisions in part 2 will modernise the regulatory regime for the provision of en route air traffic services provided by NATS En Route plc—or NERL, as it called —and regulated by the CAA. That will ensure that the framework remains fit for purpose and continues to build on the UK’s excellent safety record.

The Bill will allow the CAA to take a more direct and independent approach. It will enable changes to licence conditions considered necessary to protect consumers and respond to changes in air traffic services over time. It also updates the enforcement and penalties regime to ensure that the CAA can effectively regulate NERL in the interests of users and consumers. That includes the introduction of proportionate sanctions, which brings the regulatory regime into line with other modern regulatory systems.

Part 2 of the Bill also includes provisions relating to airport slot alleviation specifically in response to the covid-19 pandemic. The alleviation of slots at capacity-constrained airports is governed by retained EU regulation 95/93. There are eight slot co-ordinated or level 3 airports in the UK: Birmingham, Bristol, Gatwick, Heathrow, London City, Luton, Manchester and Stansted. Regulation 95/93 requires airlines with allocated slots at level 3 airports to use those slots at least 80% of the time in the preceding scheduling period in order to retain their slot in the upcoming equivalent period. In ordinary circumstances, that 80:20 rule, or “use it or lose it” rule, encourages the efficient use of scarce airport capacity, while allowing airlines a degree of flexibility in their operations. However, owing to the unprecedented impact of covid-19, the European Commission waived the 80:20 rule for the summer 2020 season. That was subsequently extended to cover winter 2020-21. The UK supported the European Commission’s position. That alleviation has helped to protect future connectivity and airline finances and reduce the risk of ghost flights being run to retain slots, with all the consequent environmental impact and unnecessary expenditure that that would have.

However, it is with regret that the Government anticipate that the effects of covid-19 on the aviation industry will continue for some time to come. Passenger demand is not predicted to return to 2019 levels until at least 2023, and the retained powers of regulation 95/93 were expressly limited to 2 April 2021. Part 2 therefore provides the Secretary of State with a power, exercisable until 24 August 2024, to waive the 80:20 rule beyond 2 April 2021. It also includes a power to set alternative ratios to the 80:20 rule for a specified scheduling period or season, and allows the Secretary of State to apply conditions to an alleviation of the 80:20 rule, such as by setting a deadline for the return of slots not intended for operation. As we expect disruption to air travel to continue for several years, it is imperative that the UK has the necessary powers at its disposal to provide alleviation beyond the summer 2021 season should the evidence suggest that it is warranted.

I now turn to part 3. Hon. Members will have seen the positive uses of unmanned aircraft, often referred to as drones, during the covid-19 pandemic, such as trialling the flying of medical supplies to the Isle of Mull and the Isle of Wight. The Government are committed to harnessing the positive impacts of unmanned aircraft and supporting this growing industry, but it must be done in a way that protects the safety and security of people, other aircraft, and sensitive sites. The careless, inconsiderate and malicious use of drones and other unmanned aircraft continues to pose a safety risk to others.

The provisions in part 3 therefore provide new and additional police powers to tackle the unlawful use of unmanned aircraft. The police will be able to issue a fixed penalty notice for less serious offending—for example, where a person had flown too close to uninvolved people but not caused, or intended to cause, any harm. They will also be given the necessary powers to require an unmanned aircraft to be grounded, to use stop and search, and to enter and search premises under warrant for certain offences relating to unmanned aircraft.

In addition, we are providing for the use of counter-unmanned aircraft technology that interferes with property or wireless telegraphy for the purposes of detecting and preventing certain offences involving unmanned aircraft. We are adding the civil nuclear constabulary and senior management for prisons to the list of those who can authorise the use of this technology, allowing them better to protect sites such as nuclear sites and prisons. The provisions in part 3 have been developed with the Home Office and the National Police Chiefs Council on behalf of UK police forces. They will address operational gaps in police powers and ensure that offenders who use unmanned aircraft for unlawful purposes are dealt with more effectively and appropriately in order to maintain public safety and security.

In summary, this Bill will future-proof the aviation sector by creating simpler and more efficient routes, reduce congestion while assisting aviation to meet its climate change targets, and ensure the safe use of our skies. At a time when we are so often concerned with the cares of the present, this is an opportunity to shape the future of aviation. I warmly welcome the House’s attention to the Bill.

--- Later in debate ---

[Robert Courts]

With the leave of the House, I would like to sum up the debate for the Government. May I also, at the outset, associate myself and Her Majesty’s Government with the comments from all hon. Members about the very sad passing of Captain Sir Tom Moore? He was perhaps the perfect exemplar of that golden generation. He was a gentleman, an inspiration, a light in the covid darkness and a cheerful ray of hope to all of the country, and of course, above all, to his family, to whom we send our condolences. He will be terribly missed not only by them, but by the whole nation.

I thank hon. Members for all the contributions to the debate we have heard today. I entirely associate myself with the comments the hon. Member for Wythenshawe and Sale East (Mike Kane) has just made: this has been an exceptionally well-informed, constructive and interesting debate. I will turn to as many of the points as I can today without, I hope, droning on too long, but if there are any points that I do not manage to fly through in time or any points that I do not sufficiently land, I will return to hon. Members in writing. [Laughter.] I will stop there, I promise.

I turn first to the funding for airspace change, which was mentioned by my hon. Friend the Member for South West Bedfordshire (Andrew Selous) and, indeed, the hon. Members for Wythenshawe and Sale East and for Paisley and Renfrewshire North (Gavin Newlands). The Government recognise entirely the challenging times the sector is facing due to covid, but the Government are confident, as my hon. Friend the Member for Warrington South (Andy Carter) argued, that the sector will recover. While that may take some time, it does not diminish the historic importance and the need for our airspace to be modernised.

The inefficiencies in our existing airspace design, as we have just heard from my hon. Friend the Member for Watford (Dean Russell), for example—he spoke about its not having changed since the 1950s—will continue to cause delays for passengers and unnecessary emissions for our environment. That has rightly been a focus of many hon. Members’ speeches today, as we look forward to jet zero and a clean aviation sector in future, as have the problems with noise, which I will turn to in a moment.

It is important for me, however, to be clear up front that, while we recognise the severe impact that covid-19 is having on the aviation sector, the user pays policy principle is an important one: those who stand to benefit from airspace change should pay for the costs of such a change. In the light of the pandemic and its effects, at the moment most airports have paused their work on airspace change, but the modernisation remains critical to deliver that additional capacity and improve access to airspace for different users. I am particularly mindful of the comments that my hon. Friends the Members for Newcastle-under-Lyme (Aaron Bell) and for St Austell and Newquay (Steve Double) made about other types of air users, including, of course, General Aviation.

This modernisation also brings environmental benefits by reducing emissions, such as from the stacking talked about by the hon. Member for South Antrim (Paul Girvan). The Government have asked the Airspace Change Organising Group to revisit the master plan for airspace change in this light, and to ensure that the benefits of the programme are realised and that the investment already made is not lost.

Engagement with communities is key, and it has rightly been a major part of the debate today. It was referred to by my hon. Friend the Member for South West Bedfordshire, the right hon. Member for Hayes and Harlington (John McDonnell), the hon. Member for Paisley and Renfrewshire North and my hon. Friend the Member for Sedgefield (Paul Howell). As all those Members and others pointed out in today’s debate, there is a need for airspace change to take account not just of the needs of industry, but of the effects on all affected stakeholders, including, of course, local communities. I would therefore like to reassure all Members that this is taken account of already through the Civil Aviation Authority’s CAP 1616 airspace change process. This requires an airspace change proposal, whether part of the airspace modernisation programme or not, to pass a series of gateways, each of which the CAA must approve before it can progress to the next stage. That was introduced in 2018 and replaces the previous CAP 725 process. Some communities and hon. Members are becoming familiar with it.

It is separate from the planning process. CAP 1616 is more comprehensive than the process it succeeds. It provides communities and other interested parties, such as General Aviation, other airports, the Ministry of Defence and commercial aviation, with greater opportunities to comment on and influence airspace changes that could affect them. They will have more opportunities than they have had before. I hope that will be of assistance to all Members who have spoken on that today. The seven steps that an airspace sponsor must go through to facilitate a change in its airspace are laid out there.

If I could turn to some specific points that were raised by my hon. Friend the Member for North East Bedfordshire, I am of course aware of the London Luton airport airspace change proposal, which is currently out for consultation. I have received several representations from hon. Members about that. I met my hon. Friend in December to talk about and listen to his constituents’ concerns. He is a powerful advocate for them and has made their views very clearly heard. As I know he will know, my Department is not involved in the consultation, and I cannot comment on its merits for regulatory and legal reasons. However, I urged his constituents to engage with the consultation and to ensure that Luton airport and NATS are fully alive to their concerns. Both Luton airport and NATS are obliged by the regulatory requirements of CAP 1616 to take such concerns into account as they finalise their proposals. This is a vital requirement of the process.

Another big feature of the debate today has been noise. It was mentioned in particular by the hon. Member for Richmond Park (Sarah Olney), but by other Members as well, and it is closely related to the community consultation point. Of course, the Government recognise that noise can have a significant impact on people’s lives, which is why we introduced new metrics and appraisal guidance in October 2017 to assess noise impacts and their effects on health and quality of life. These will ensure that future airspace changes consider noise impacts much further away from airports than they do at present and that new technology to ensure the more efficient use of our airspace will also produce noise reduction benefits.

I will just say a couple of words about performance-based navigations—PBNs—as I think the House will be interested. They basically use the same equipment as satellite navigation systems in our cars and will improve the accuracy of where aircraft fly, rather than in broad corridors as they do at present. That will provide opportunities to avoid, where possible, noise-sensitive areas including villages or towns. However, it is of course true that in some cases airspace modernisation may result in more concentrated air traffic over communities, but in those cases it may be possible to create multiple concentrated PBN routes that are designed to disperse aircraft to some degree and provide known respite to communities exposed to noise. The Government are also considering how to take forward noise proposals that were contained in the Aviation 2050 Green Paper published in 2015.

I would like to say a word or two following the excellent speech by my right hon. Friend the Member for Ludlow (Philip Dunne) on flights over areas of outstanding natural beauty. I recognise his huge expertise in both the natural world and aviation. He is justly respected for that. Flights over AONBs are not prohibited. The Government’s air navigation guidance issued to the CAA in October 2017 states that aircraft operators should try to avoid flying over AONBs below 7,000 feet when it is practicable to do so. It is not possible to prohibit flights, as a number of UK airports are close to AONBs or national parks, so there are no powers to prevent flying at low altitude over AONBs for a number of reasons. The Government’s air navigation guidance, as my right hon. Friend said, also requires new sponsors of airspace change proposals to take account of AONBs and national parks when designing their flightpaths.

My hon. Friends the Members for North East Bedfordshire (Richard Fuller) and for South West Bedfordshire made a number of points about space and satellites. They rightly pointed out that the use of new technologies offers exciting opportunities for the UK and provides the opportunity to reduce emissions. For example, the ability to track aircraft over the high seas, which is currently impossible, will enable the more accurate prediction of arrival times. That is a key aim of the airspace modernisation strategy, for all the reasons related to tackling climate change and to secure the greener future that we all wish to see. I pay tribute to the comments that were made not only by my hon. Friends but by the hon. Member for Edinburgh West (Christine Jardine), my hon. Friend the Member for St Austell and Newquay and others. I assure the House that the Government continue to develop their space policy and we are working hard with our industrial partners to ensure that we maximise the benefits.

A number of Members, particularly my hon. Friends the Members for Sedgefield and for St Austell and Newquay, mentioned slots. While demand for aviation remains low, it is critical that we support the aviation sector so that it is able to restart services immediately when the pandemic allows. The provisions on slots in part 2 of the Bill will help to support the aviation sector in the short term, while also reducing the need for environmentally damaging ghost flights and their financial impact.

My hon. Friend the Member for Sedgefield and the hon. Member for Paisley and Renfrewshire North raised specific concerns. For each future scheduling period, instead of a full alleviation we will be able to look at the data and consider whether it is appropriate to set a lower percentage—for example, 50%—for the slot-usage rule. The data will also help us to consider whether and what conditions could be applied to any alleviation relating to the management of slots. I am keen to point out to all Members that this is a necessary, temporary support measure that will help the industry through the coming years.

The conditions to which I refer could enable available capacity to be backfilled with regional connections or additional freight capacity. I am particularly keen to point that out because the hon. Member for Edinburgh West and my hon. Friend the Member for Sedgefield both referred to it. My hon. Friend also asked whether I would be happy to meet; of course I would, as I would be happy to meet any Members who would like to discuss that or any other issue in the Bill in detail over the weeks ahead.

My hon. Friend the Member for St Austell and Newquay talked about the longer-term reform of slots allocation, the desirability of which I recognise. It will deliver a more dynamic marketplace that is competitive, supports growth and offers high levels of consumer choice. As the UK aviation market recovers from the impacts of covid-19, the Government will need to consider the impact on the industry and reflect that in any review of slots policy. Given the global nature of slots, this work will involve consultation with UK, European and international stakeholders, and the slot-allocation process will be considered in the round with any future review of aviation policy.

Let me return to unmanned aircraft. The hon. Member for South Antrim gave us a vivid and personal description of the difficulties that can be engendered by the malicious use of unmanned aircraft. The Bill will ensure that the police are able to tackle effectively the unlawful use of unmanned aircraft, building on some existing provisions in the Air Navigation Order 2016. It provides them with some new powers, such as the ability to require a person to land an unmanned aircraft, to which I have referred already.

As the hon. Member for Strangford (Jim Shannon) noted, the Bill gives police the powers to investigate criminal offences committed at prisons using drones, while also providing prisons with the powers to use counter-drone technology. The Government have been clear that we will do all we can to ensure that the UK firmly establishes itself as a world leader in unmanned-aircraft technology, but we are alive to the dangers posed by the careless or malicious use of the technology, as the hon. Members for Edinburgh West and for Strangford rightly urged us to be.

One or two Members have recognised the challenges involved for policing, which the Government of course recognise. The police need the tools that are required. We have taken a range of actions to ensure that the police are equipped to tackle the new threat that unmanned aircraft pose, and it is critical that the police have been involved in all stages of the Bill’s development.

Let me turn to some specific points raised by my hon. Friends the Members for North East Bedfordshire and for Warrington South, the hon. Member for Wythenshawe and Sale East and some others. The Department has worked closely with the Home Office, the police and the CAA to ensure that once the Bill becomes law its powers are realistic to implement. To aid the police in their implementation, we will provide officers with briefings, general guidance and guidance documents. On wider police resourcing, a new team in the National Police Chiefs’ Council working to the national lead has been set up to co-ordinate and govern UK police counter-unmanned aircraft activity.

My hon. Friend the Member for Watford gave us a vivid description of the future and the benefits that drones can provide. The Government absolutely want to capture the benefits of unmanned aircraft for consumers and aim to provide an agile regulatory landscape for that.

I was asked to respond to some specific points, and I will do so briefly before I conclude. The hon. Member for Wythenshawe and Sale East (Mike Kane) asked me in his opening speech about the powers of the Secretary of State and the safeguards. I point him first towards what is contained in the Bill: it is implicit that a direction should be practically possible to be carried out. There is a duty to consult in clause 2(3) and (4), and there is the appeal to the Competition Appeal Tribunal in schedule 1. I have engaged with the AOA on the points that he raised at the beginning of his speech. The hon. Member for South Antrim asked me about laser pens. I direct him to articles 240 and 241 of the Air Navigation Order 2016 and the Laser Misuse (Vehicles) Act 2018, which contain those powers already; hence they are not in the Bill.

I will pause and say a word or two about general aviation because my hon. Friend the Member for St Austell and Newquay made a particularly inspiring speech. I pay tribute to the work he has done on the all-party parliamentary group on general aviation. He spoke vividly about STEM, which is massively important for us. It was an outstanding speech, and I would really like another debate to respond to that alone—perhaps another time. It is safe to say for now that we want the UK to be the best place in the world for aviation, and that very much starts at the grassroots.

The hon. Member for Richmond Park asked me about privacy and why it is not in the Bill. It is already taken into account in a number of areas such as the Data Protection Act 2018 and the general data protection regulation, but in this sphere the implementing regulation requires all operators who have a sensor able to capture personal data to be registered. I hope that that provides her with some reassurance. She also asked about new offences and keeping the ability to regulate as drone technology increases. Of course, we keep that under review. There is power in the Civil Aviation Act 1982 that enables us to make air navigation orders to address precisely that point.

I thank the House for listening to me for a little longer than usual while I addressed those specific points. The Bill will support the modernisation of our airspace and the air traffic licensing framework, provide alleviation from the 80/20 rule I have referred to and provide enforcement powers to help the police tackle the unlawful use of unmanned aircraft. I look forward enormously to working with hon. Members across the House to ensure that this important legislation reaches the statute book shortly. I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Air Traffic Management and Unmanned Aircraft Bill [Lords] (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Air Traffic Management and Unmanned Aircraft Bill [Lords]:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 23 February 2021.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which they are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(David Rutley.)

Question agreed to.

Air Traffic Management and Unmanned Aircraft Bill [Lords] (Ways and Means)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Air Traffic Management and Unmanned Aircraft Bill [Lords], it is expedient to authorise the payment of sums into the Consolidated Fund.—(David Rutley.)

Question agreed to.

Air Traffic Management and Unmanned Aircraft Bill [ Lords ] (First sitting)

Robert Courts Excerpts

Committee stage & Committee Debate - 9 February 2021: House of Commons
Tuesday 9th February 2021 Public Bill Committees

[The Chair]

Copies of written evidence that the Committee receives will be made available in the Committee Room. We will now begin the line-by-line consideration of the Bill. The selection list for today’s sitting is available in the room, on the table. This shows how the selected amendments have been grouped for debate. The selection and grouping list shows the order of debates. Decisions on each amendment are taken when we come to the clause or schedule that the amendment affects. We begin our proceedings with the Question that clause 1 stand part of the Bill, and I ask the Minister to get stuck in.

Clause 1

Meaning of “airspace change proposal”

Question proposed, That the clause stand part of the Bill.

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

It is a great pleasure to serve under your chairmanship, Sir Charles. Clause 1 provides a definition of “airspace change proposal”, which is referred to in clauses 2 and 3. An airspace change proposal is a proposal that

“relates to managed airspace or the flight procedures or air traffic control procedures used within it”

and which is submitted to the Civil Aviation Authority for approval. The powers in part 1 of the Bill will provide vital support for a modernisation of our airspace, helping to make journeys quicker, quieter and cleaner, and to maintain the UK’s position as a world leader in aviation. Clause 1 is required in order to provide clarity on what is within the scope of the Secretary of State’s powers to direct, which we will come to under later clauses in part 1. I therefore beg to move that this clause remain part of the Bill.

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

I concur with the Minister: it is a pleasure to serve under your chairmanship, Sir Charles.

This country has a world-class aviation sector—the third largest on the planet. We want to protect that, grow it and make it better. We also want to facilitate the study of STEM subjects—science, technology, engineering and maths—for all our young people who want to go in for it. We will get past this pandemic and we will keep our eyes on the horizon, and I think that this legislation will help us to do that.

We are discussing airspace modernisation in the UK. Our airspace is an invisible part of our vital infrastructure. It was originally designed in the 1950s and ’60s and therefore needs urgent modernisation. In fact, we now have an analogue system in a digital age. It needs to be upgraded. We support that ambition, and I know that the Minister is keen on that ambition as well.

In the other place, my noble Friend Lord Rosser pointed out that not only has airspace provision not been updated in this House since the ’50s or ’60s, but the provision for drone technology—my hon. Friend the Member for Ilford South will deal with that when we get there—has not been updated since the Aviation and Maritime Security Act 1990, and he pointed out that that is closer to Yuri Gagarin’s first trip into space than it is to today. For the record, I point out that when Yuri Gagarin was the first cosmonaut, or the first human to enter the cosmos, on 12 April 1961, he came to the UK in July that year and landed at Manchester airport in my constituency. He was invited by the Amalgamated Union of Foundry Workers. He visited their offices in Moss Side after he landed in my constituency and then went on to a civic reception at Manchester Town Hall. Members can tell that I am a Mancunian to the core, so I wanted to get that on the record.

We currently have the covid crisis and there is limited air traffic, but we need to ensure that our airspace—our infrastructure in the sky—is fit for a post-pandemic world. By simplifying UK airspace, we make it more efficient, it will deliver more precise and more direct routes, prevent rising delays and reduce congestion, and, more importantly in this eco-friendly world, it will become more sustainable. The Airport Operators Association is concerned about the lack of definition in the enforcement power in the clause. Although the Government have presented this as necessary for the implementation of airspace modernisation, a current or future Secretary of State could use the power for other airspace-related purposes.

I therefore again raise my concern, as I did on the Floor of the House last week, about the scope of the powers attributed to the Secretary of State for Transport by the clause. I understand that the Minister has engaged with the AOA over its concerns. Despite his assurances about the duty to consult—there is a robust appeals process—I still have misgivings as to why the Bill should not simply have a specific definition of the powers. I therefore ask the Minister to consider this matter and perhaps explain to the Committee why that has been omitted.

[Robert Courts]

I am grateful to the hon. Gentleman for making those points. He is absolutely right to set this in an historic context, because this is an historic piece of legislation that updates an historic legacy airspace environment, and of course makes it fit for the new technology that we will discuss later. It will make a simpler, more efficient airspace.

Turning to the hon. Gentleman’s specific points on enforcements powers, his concern is that a future Secretary of State might use them for other airspace-related purposes. Any Bill has to be a balance between enabling the flexibility of the Government to take the steps required. Airspace in particular, as we will discuss when we come to drone technology, is in the vanguard of technological change, so there has to be an element of flexibility built in. I refer the hon. Gentleman and the Committee to the safeguards that exist within the remainder of this part of the Bill. I will stray from this clause in so referring to them but, with your permission, Sir Charles, I will briefly deal with them, and we will come back to them later when we get to clause 7.

There are, for example, some requirements in advance of the safeguard ever being used. It is intended to be a last resort if the airspace change is not progressed voluntarily. That is the Government’s initial intention. It is therefore to be limited, certainly at the outset. It is meant to be within the context of the CAA’s airspace strategy. The CAA’s oversight team is to work with airports before it recommends to the Secretary of State that the power is used. It is not intended to be used where there are factors outside the airspace sponsor’s control. So my first point is that before we ever get to the stage of the Secretary of State using his powers, there are numerous steps that ought to be taken in advance.

The Secretary of State’s reasons for so acting under clause 4 are expected to be in writing and are published, so there is democratic and press scrutiny of any such decision. We will come to clause 7 and enforcement and appeals in due course, but I will briefly refer to them now to address the point that the hon. Gentleman made. There are grounds for an appeal to the Competition Appeal Tribunals: an error of fact that the decision was wrong in law, or discretion was exercised, but an error was made in the context of that discretion being exercised. This is a balanced act. There is a considerable amount of consultation or engagement in advance, and various safeguards are built in, which are very much on a par with what we seek in other regulatory spheres. For those reasons, I submit that no further definition is required.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

[The Chair]

It may not have escaped colleagues’ attention that there was a little crosswind as we started the Bill. Minister, you do not need to move anything. When I call it, you just stand up and make a speech. Does that make sense? You do not need to do any ancillary stuff around that. I will be more certain in my decision making.

Clause 2

Direction to progress airspace change proposal

Question proposed, That the clause stand part of the Bill.

[Robert Courts]

This clause gives the Secretary of State the power to direct a person involved in airspace change, following the consultation I referred to a moment ago, to prepare or submit an airspace change proposal to the CAA or take steps to obtain its approval following submission or to review its operation following implementation.

These powers will ensure that airspace change proposals that assist in delivery of the CAA’s airspace strategy can be taken forward if a sponsor does not do so voluntarily. We intend the powers to be used, at least initially, to deliver changes identified in the airspace change masterplan, as the intention is for this to be incorporated into the CAA’s airspace strategy. This will ensure that airspace modernisation can be achieved to deliver quicker, quieter and cleaner journeys.

Without this clause, the Secretary of State would not be able to ensure that airspace change proposals identified as being important in helping to deliver the CAA’s airspace strategy are taken forward. That would mean that an airport could hold up other airports if their airspace change proposals were interdependent, as many are and would be. The full benefits of modernisation would therefore not be realised without those powers.

[Mike Kane]

This takes us to the crux of the Bill. Upgrading UK airspace is a complex process at the best of times and in normal times, but we do not have normal times. It has to be paid for and delivered by the industry. While we support that, national air traffic control is responsible for modernisation of the en route network. Airports modernise approach and departure routes in their local airspace, through a process set out by the Civil Aviation Authority publication CAP1616. As modernisation is complex, particularly in the south-east of England, where there are high levels of interdependence between airports sharing the same airspace, the industry is committed to working to a masterplan. We know that the process is managed through the Airspace Change Organising Group, with oversight from the CAA, the DFT and, therefore, the Minister.

The pandemic has caused some of this work to slow down, which is my concern. The Minister knows that I have pushed him on this publicly and privately. Airports in the UK are close to mothballing at the moment—I am not going to be critical. We have asked for an aviation-specific support package, and I know that the Government have given some packages to airports and airlines, but we know they are in big trouble. They are huge capital assets that are bleeding cash as we speak and getting no passengers through, which is their key revenue. They are now beginning to shut down their airspace change teams—if not today, then in the next few weeks, if the Government’s package does not come through.

The Airspace Change Organising Group is still waiting for the funding promised last year by the Chancellor to continue its work. Without that, the modernisation of the UK’s airspace, where we have the third biggest industry on the planet, world beating and world leading, will fail. The impact of covid on the industry’s finances makes paying for the programme even more difficult. The Airport Operators Association has suggested that the Government should consider helping out with the costs, as airports lead the way for our UK economy out of the pandemic.

The Minister and I share the same enthusiasm for this, and we both agree that there is an urgent requirement for airspace to be modernised in order to achieve the environmental, noise and operational benefits. Therefore, I cannot see how the Bill will ensure that will happen. How can this clause ensure that Government direction will be followed when the sector simply does not have the means to pay for it currently? That is my main point for the Minister today.

[Robert Courts]

Clearly, the Government recognise the great challenge that the aviation sector faces at the moment. I will not rehearse the wide economic measures that the Government have undertaken in order to support all businesses—I know that the shadow Minister is aware of those and I would drift a long way from the purpose of the Bill if I did rehearse them. However, I will refer to the business rates relief that we introduced recently, and I will observe that, although covid is clearly having a substantial impact on the industry, aviation will recover in the long term. It will remain a central part of the UK—of its trade policy, its strategy and its place in the world. It is a successful—indeed, world-leading—industry, as the hon. Gentleman quite rightly referred to it, and I am confident that it will return to that place in due course.

It is a long-standing policy that those who benefit from an aviation policy—air passengers—ought to pay for it. It is therefore right that we continue that policy within the context of the Bill. However, in the event that there are some aspects in relation to which the Government might consider taking an alternative view when looking for the ability to fund airspace change, the ability to fund will need to be taken into account in deciding whether or not to give such a direction, because that is what we are dealing with here—whether the Secretary of State directs that an airport should bring an airspace change forward. The Secretary of State will continue to consider the ability to fund as a part of that process.

The Government recognise that there may be occasions when small airports require financial assistance to carry out some aspects of an airspace change proposal. We would expect the CAA’s oversight team to work with the airport operator before recommending that the Secretary of State use those powers in the first place with regard to an airspace change proposal. If at that time the airport operator expressed concern that it did not have sufficient funding for it to proceed with a particular proposal, we would expect that oversight team to suggest alternative solutions.

There are a number of possible alternative solutions, and I will quickly refer to them: an alternative sponsor might pay for the changes; or there might be alternative funding support; or there may be, on a case-by-case basis, Government funding under section 34(1)(b) of the Civil Aviation Act 1982, if an ACP were to have an adverse financial impact. We are a long way away from that circumstance, as there are a number of steps that we could take in due course. In any event, the funding—the payment basis—would be taken into account before it is directed that those powers are exercised.

[Mike Kane]

I thank the Minister for that response. I think that we will have numerous conversations in the months ahead about the mechanisms, which he has quite rightly outlined, that he can use to bring forward the airspace modernisation programme. We must not fail on this programme, because it is vital for the industry, including for its confidence as we bounce back post pandemic, hopefully later this year. I will continue to hold the Minister’s feet to the fire on this issue, if he does not mind—and I will do so even if he does mind.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Clause 3

Direction to co-operate in airspace change proposal

Question proposed, That the clause stand part of the Bill.

[Robert Courts]

This clause gives the Secretary of State a power to direct a person involved in airspace change to co-operate with another person involved in airspace change. This direction might be needed if, for example, the original sponsor was unable to progress an airspace change proposal, so that someone else agrees to progress it but requires assistance from the original sponsor in order to do so.

Without the clause, an ACP that was identified as being important in delivering the CAA’s airspace strategy may not be taken forward if the original sponsor is unwilling, or unable, for any reason—such as those we have touched on already, or for other reasons—to take the ACP forward. The clause is therefore important to ensure that if an alternative sponsor were to become involved in progressing an ACP, the original sponsor can be compelled, if necessary, to co-operate in ways that the Secretary of State considers appropriate, such as providing information and documents to enable that ACP to progress.

Again, this measure is intended to ensure that airspace modernisation can be achieved quickly, in order to deliver the quicker, quieter and cleaner journeys that we would all like to see.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clause 4

Directions under sections 2 and 3: supplemental

Question proposed, That the clause stand part of the Bill.

[Robert Courts]

This clause requires that directions given by the Secretary of State under clauses 2 or 3 must be given in writing and published, and that notices of variation and revocation must also be published. It is essential that any such direction is made in writing, and that any variation or revocation of a direction is made through such a notice, so that the recipient is clear about what is expected from them.

That direction could specify what the person is expected to do, the dates of tasks they must complete, and requirements to keep the CAA informed of progress on these. A direction given under clause 3 can also specify information or documents to be provided by a person directed to co-operate in an ACP, and the date by when this must be done. Without the clause, what is expected of a directed person may not be clear, and this could risk the direction not being complied with and not being properly enforceable.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Clause 5

Delegation of functions to CAA

Question proposed, That the clause stand part of the Bill.

[Robert Courts]

This clause gives the Secretary of State powers to delegate the Secretary of State’s functions under clauses 2 to 4 to the CAA, with a notice of this in writing to be published by the CAA. It enables the Secretary of State’s direction-making powers to be delegated to the CAA should this prove to be desirable in the future.

The CAA, as the national airspace regulator, has the expertise to take on this role if so required. Given that both the Secretary of State and the CAA have various roles in relation to airspace change, it is clear that appropriate internal governance structures would need to be put in place in both organisations to manage any possible conflict of interest risks, as required.

Without the clause, the Secretary of State would lack the flexibility to be able to delegate functions to the CAA, and would therefore need to amend this primary legislation should it prove desirable in the future to delegate such functions. Although such circumstances are not currently foreseen, a lack of flexibility could risk delivering the CAA’s airspace strategy and the successful delivery of the airspace modernisation programme if circumstances arise in the future whereby the Secretary of State was no longer better placed to exercise those direction-making powers.

[Mike Kane]

As the Minister eloquently outlines, this will give the Secretary of State the power to delegate to the CAA. However, the Minister will be aware that the Airport Operators Association believes that there is a fundamental conflict of interest with this proposal, and I would like to explore that for a few minutes. The Government have sought to reassure Parliament and the industry that appropriate separation would be maintained with the CAA in the exercise of these functions. Although there may be a significant extent to which this is possible in theory, it fails to address the perception challenge. In particular, the regulator is opened up to criticism for bias from parties which have agreed with the specific CAP1616 policies I referred to earlier being mandated. Some communities around airports already believe that the CAA is biased towards industry, and this would help neither that perception, nor the importance of rebuilding trust between the aviation sector industry, the regulators and communities.

When we debated the Bill on the Floor of the House last week, a number of colleagues on the Government Benches pointed out that communities often feel overlooked when it comes to airspace change and noise. I know this is of particular concern to a number of Conservative Members who raised it last week.

Could there be a conflict of interest where the Secretary of State can delegate power to enforce a programme to the CAA? Does the Minister think that? Does the Minister agree with the Airport Operators Association that the CAA is established to act as a neutral adjudicator of CAP1616 proposals? If the regulator is asked to enforce an ACP, is it being asked to mandate an application that it will have to make a judgment of suitability on? Is there a conflict of interest with the CAA being delegated enforcement powers when it is also responsible for making the judgment on suitability? It appears that it will act as both judge and jury, and I hope that the Minister will explore that conflict today.

[Robert Courts]

I am grateful to the hon. Gentleman for raising those points. There are a number of answers that I will give—perhaps three. First, there is the safeguard to which I referred to at the beginning of our debate, which is an overarching safeguard in any event against any decision that is made. Secondly, there is the CAP1616 process, which stands out with this Bill. It is a consultation process that started in 2018, so it is relatively recent. That will enable a great deal more consultation for local communities than in the past, and will help to manage such concerns.

With regards to the thrust of the hon. Gentleman’s points on the internal potential for a conflict of interest, I accept that in delegatory responsibility terms there will be a need to ensure that such governance structures are in place. I stress that we do not plan to delegate these at present, but that is in order to build in flexibility for the Bill in future. Such internal governance structures would need to be put in place to manage any potential conflict to which, quite rightly, he alerts us.

The CAA has already created an internal governance structure that separates out its role in tracking airspace change proposals and advising on the use, powers and decisions on ACPs. For example, this includes different directors, with decision making kept separate up to board level. The CAA is able to create a new team to take on responsibilities related to directing an ACP, should this power be delegated to it by the Secretary of State. Those structures will need to be created; I am confident that they can be.

Question put and agreed to.

Clause 5 accordingly ordered to stand part of the Bill.

Clause 6

Provision of information

Question proposed, That the clause stand part of the Bill.

[Robert Courts]

Clause 6 amends an existing information-gathering power that is contained in section 84 of the Civil Aviation Act 1982. This will enable the CAA to request any information that it considers that it needs from persons involved in airspace change, to assist the CAA in carrying out its function under part 1 of the Bill or for the purpose of giving any advice, assistance or information to the Secretary of State, in connection with the performance of the Secretary of State’s functions under part 1.

Without the clause, the CAA could not be sure that all relevant information had been taken into consideration from bodies before advising that a direction should be given. This clause will minimise the risk of challenge from the body giving a direction, which could otherwise argue that not all relevant information had been considered. The clause is therefore needed to support part 1 and overall this will help to support the delivery of the airspace strategy, with the aims that we are all agreed upon today.

[The Chair]

Colleagues are content—excellent. [Hon. Members: “Aye.”] That was said with such enthusiasm, colleagues.

Question put and agreed to.

Clause 6 accordingly ordered to stand part of the Bill.

Clause 7

Appeals and enforcement

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

That schedule 1 be the First schedule to the Bill.

That schedule 2 be the Second schedule to the Bill.

[Robert Courts]

The purpose of clause 7 is to introduce schedule 1. It says:

“Schedule 1 makes provision for appeals against decisions to give or vary directions under sections 2 and 3…Schedule 2 makes provision for the CAA to enforce directions and connected appeals.”

These are the provisions to which I referred at the beginning of our discussions.

The appeals set out in schedule 1 could also be brought against decisions given by the CAA, if the functions of the Secretary of State, under part 1, are delegated to it. The recipient of the direction can appeal to the Competition Appeal Tribunal. Schedule 1 sets out the process that must be followed and the grounds for the appeal. Without that schedule, the recipient of a direction could not appeal against the decision and that would not be fair, given that non-compliance with a direction could lead to a penalty fine.

Schedule 2 sets out the procedure for the CAA to issue contravention notices, enforcement orders, penalties for contravention of enforcement orders, which can be either a fixed amount, up to 10% of annual turnover, or 0.1% of daily turnover, and appeal rights for those. Without schedule 2, the CAA would not be able to enforce the direction to ensure that bodies that do not comply with it are penalised. The threat of a penalty fine clearly should act as a deterrent on non-compliance and incentivise the recipient of a direction to progress or to co-operate in an ACP, which will in turn help to deliver the CAA’s airspace strategy.

[The Chair]

The question is that clause 7 stand part of the Bill. As many as are of that opinion, say ‘Aye’. [Hon. Members: “Aye!”] As many as are of the contrary opinion say, ‘No’. The Ayes have it. We must have more enthusiasm, colleagues.

Question put and agreed to.

Clause 7 accordingly ordered to stand part of the Bill.

Schedules 1 and 2 agreed to.

Clause 8

Part 1: interpretation

Question proposed, That the clause stand part of the Bill.

[Robert Courts]

Clause 8 provides definitions of various terms used throughout part 1. Its function is to provide clarity and to aid interpretation of the powers in the Bill, so that they may be used effectively to direct airspace change proposals, as is standard in Acts of Parliament.

Question put and agreed to.

Clause 8 accordingly ordered to stand part of the Bill.

Clause 9

Licensed air traffic services: modifying the licence and related appeals

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

That schedule 3 be the Third schedule to the Bill.

That schedule 4 be the Fourth schedule to the Bill.

[Robert Courts]

Clause 9 will give the CAA a more effective power to modify the conditions of the licence held by NATS En Route plc—known as NERL—to provide air traffic services in the United Kingdom. It makes provisions to replace the existing processes that were set out in the Transport Act 2000, and includes new appeal rights for the licence holder and certain other parties who are materially affected by the decision.

The licence holder provides air traffic services to ensure that aircraft carry passengers and freight safely and efficiently through our airspace. The CAA, as the industry regulator, is responsible for modifying conditions of the licence. However, the current process is not fit for purpose, because any modification requires agreement from the licence holder. If agreement cannot be reached the matter can be referred to the Competition and Markets Authority for a determination.

The clause will enable the CAA to make a modification without having to obtain such agreement, but while enabling the licence holder to appeal against the decision—to ensure, of course, that the CAA is accountable. That will give the CAA greater flexibility in modifying licence conditions, the better to serve consumers, airlines, passengers, cargo operators and airport operators.

The clause also confers on the Secretary of State the power to amend the terms of the licence that make provision for its duration and set out the procedure for doing so. For example, it will enable the Secretary of State to extend the licence notice period from the current 10 years to 15 years. That will enable the licence holder to have access to more efficient financing.

Clause 9 also introduces schedules 3 and 4. Schedule 3 introduces a new process, by which the CMA may consider appeals against decisions by the CAA to modify conditions of the licence to provide air traffic services. The changes made by the Bill will enable the CAA to change a licence condition after appropriate consultation. The schedule will enable the licence holder, airlines, and certain airports that are materially affected by the CAA’s decision to modify a licence condition, to appeal against the decision.

Those airports would need to be prescribed in secondary legislation. We intend appeal rights to be given to airports that receive a London approach service from the licence holder as a monopoly provider. At present, those are London Heathrow, London Gatwick, London City, Luton and Stansted.

The provisions also deal with the grounds on which an appeal may be allowed, the steps that the CMA may take when it determines an appeal, the time limits for determination of an appeal and publication of the appeal determination. The appeal rights are essential to ensure that the CAA is accountable for its decisions, and to safeguard the interest of the licence holder and others whose interests are materially affected by the CAA’s decision making.

Schedule 4 makes detailed provision for the procedure by which the CMA receives, considers and determines appeals against decisions by the CAA to modify conditions in the licence to provide air traffic services. The new licensing framework will enable the CAA to modify a licence condition after appropriate consultation. This schedule will enable the licence holder, airlines and certain airports to appeal the CAA decision to modify licence conditions. It sets out in detail the procedure that applies to the appeal, culminating in it being determined by the CMA.

--- Later in debate ---

[The Chair]

With this it will be convenient to discuss the following:

That schedule 5 be the Fifth schedule to the Bill.

That schedule 6 be the Sixth schedule to the Bill.

[Robert Courts]

The clause will give the CAA the powers it needs to enforce breaches of the licence in the most effective and proportionate way.

As I said a moment ago, the licence allows the holder to provide air traffic services, enabling aircraft to carry passengers and freight safely and efficiently through our airspace. It is therefore important that the licensing regime reflects current best practice and continues to deliver the better outcomes for consumers to which I have referred.

The existing enforcement regime is not fit for purpose. It is unnecessarily bureaucratic and inflexible, and it lacks proportionality. The CAA, for example, is unable to take enforcement action in respect of past breaches that have ceased, and there is no penalty regime, which is available in other regulated sectors.

The new powers will enable the CAA to take a stepped approach to enforcement by giving it the flexibility to impose a less serious sanction at an earlier stage, escalating that if non-compliance persists. The new appeal rights for the licence holder will ensure that the CAA remains accountable for its enforcement decisions. Amending the CAA’s duty to investigate complaints with the discretion to do so—replacing duty with discretion—will enable both the CAA and NERL to use their resources more effectively.

Schedule 5 gives the CAA the tools it needs to act in the most effective and proportionate way in response to contraventions by the licence holder of its licence conditions or statutory duties. Those tools will enable the CAA to give a contravention notice, an enforcement order or an urgent enforcement order—in accordance with the seriousness of the breach—backed up with the ability to impose financial penalties.

The schedule will enable the CAA to issue effective notices and ensure that the licence holder is treated fairly when the amount of penalty is determined, thus reducing the likelihood of challenge and allowing the provisions of the Bill to function as intended. The licence holder may appeal to the Competition Appeal Tribunal in respect of enforcement action taken against it. That important safeguard is to ensure that the CAA remains accountable.

Schedule 6 will give the CAA the further tools it needs to investigate breaches by the licence holder of the licence conditions or statutory duties, and to carry out enforcement action in the most effective and proportionate way. It will ensure that the CAA has all the powers it needs to decide whether to take enforcement action, or what enforcement action is appropriate.

To that end, the schedule will enable the CAA to serve notice on persons, requiring them to provide it with information. The CAA may do so in relation to information that it needs to investigate alleged breaches by the licence holder or to take enforcement action in respect of such breaches. It also makes provision to enable the CAA to enforce breaches of the requirement to provide it with information, whether the breach is by virtue of non-compliance, the giving of false information or the destruction, alteration or suppression of relevant documents.

Finally, the schedule will make provision to govern how the CAA determines the amount of a penalty and the right of the person to go to the CAT under the framework. It is expected that the availability of the powers and the threat of enforcement for not complying with them will provide the licence holder with greater incentives to comply, bringing benefits to consumers, while of course the appeal to the CAT provides the essential safeguard.

Question put and agreed to.

Clause 10 accordingly ordered to stand part of the Bill.

Schedules 5 and 6 agreed to.

Clause 11

Air traffic services: consequential amendments

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

That schedule 7 be the Seventh schedule to the Bill.

[Robert Courts]

Clause 11 introduces schedule 7, which contains amendments that are consequential on clauses 9 and 10. Schedule 7 sets out those consequential amendments to existing Acts to ensure alignment with the new legislative framework.

The Bill would introduce a new framework in the Transport Act 2000, governing the new licensing regime for the regulation of the provision of air traffic services. Without making the minor and consequential amendments detailed in schedule 7, we would not have a coherent new licensing regime.

With one exception, all the consequential and minor amendments are made pursuant to provisions in the Transport Act 2000. Most of the amendments will make provisions that amend that Act, to ensure that the nomenclature in it is aligned and compatible with the new legislative framework. A couple of the amendments introduce specific aspects of parallel modern licensing frameworks, for example, to ensure that regulations can make anti-avoidance provision, if a regulated entity attempts to avoid proper application of the provisions.

Schedule 7 would also amend a single provision in the Enterprise and Regulatory Reform Act 2013, to ensure that the Competition and Markets Authority can properly determine appeals against the CAA’s licence modification decisions.

Question put and agreed to.

Clause 11 accordingly ordered to stand part of the Bill.

Schedule 7 agreed to.

Clause 12

Airport slot allocation

Question proposed, That the clause stand part of the Bill.

[Robert Courts]

This is a slightly difficult aspect and, if I may, I will add one or two extra words. As it is slightly complicated, it is worth going through it slowly.

Council Regulation (EEC) No. 95/93 requires airlines with allocated slots at level 3 airports to use those slots at least 80% of the time in the preceding scheduling period, in order to retain that slot in the upcoming equivalent period. Prior to the covid-19 pandemic, that 80:20 rule of “use it or lose it” helped to encourage efficient use of scarce airport capacity. It also allowed a degree of flexibility for airlines and their operations. There are eight slot-constrained airports in the UK, to which the 80:20 rule applies: Birmingham, Bristol, Gatwick, Heathrow, London City, Luton, Manchester and Stansted.

Due to the unprecedented impact of covid-19, in March last year, the European Commission took the decision to waive the 80:20 rule. Airport co-ordinators were instructed under that waiver, when determining slot allocation for the upcoming summer season, to consider slots as having been operated, regardless of whether they were used. That covered the summer 2020 season and was subsequently extended to cover winter 2020-21.

The UK supported the European Commission’s position. Without that alleviation, airlines may have incurred significant financial costs by operating flights at low-load factors needed to retain those slots. Alleviation has helped to protect future connectivity and airline finances, and reduced the risk of empty or near-empty ghost flights being run to retain the slots, which would have a financial impact on airlines as well as an environmental impact. We anticipate that the effects of covid-19 on the airline industry will regrettably continue for some time. Passenger demand is not predicted to return to 2019 levels until at least 2023.

After the EU transition period ended on 31 December, regulation 95/93 was retained in UK law. However, when it was retained, the power of the Commission to extend the period of alleviation from the 80:20 rule, which was transferred to the Secretary of State, was expressly limited to 2 April 2021. We expect disruption to air travel to continue for a number of years, so it is imperative that the UK has at its disposal the powers to provide alleviation, should the evidence suggest that that is warranted.

Returning to the 80:20 rule, while the covid-19 disruption continues, it might mean that some airlines will protect their commercial interest in retaining their slots by operating fights with empty or near-empty aircraft, despite the associated costs, both financial and environmental. Without this clause, the Government would be unable to provide flexibility on slot usage to deal with the ongoing impacts of the covid-19 pandemic at slot co-ordinated airports beyond the summer 2021 season. That flexibility will also provide certainty, to enable airlines to manage their slots efficiently.

This clause inserts a new article, 10aa, into retained Council regulation 95/93 of 18 January 1993 on common rules for the allocation of slots in UK airports. This would provide the Secretary of State with a power to provide air carriers with an alleviation of the requirement to operate slots allocated to them 80% of the time in order to retain those slots in the next equivalent scheduling period. This power would be exercisable until 24 August 2024—so it is time limited—and for scheduling periods up to and including winter 2024-25. To allow for flexibility, this clause also includes powers to modify the 80% requirement relating to slots usage, which will be an alternative to applying a full alleviation of the 80:20 rule for a specified scheduling season. This recognises that there might be alternative ratios that could be applied to ensure the efficient use of slots, and then moving back to 80:20 as demand recovers. The Secretary of State will also be able to make certain other modifications to the slot usage rule: for example, setting a deadline for the return of slots not intended for operation, or providing that a waiver should not apply to slots of an airline that ceases operations at an airport.

This clause will also allow the Secretary of State to make certain other changes to the operation of the rules relating to the allocation of slots under regulation 95-93. For example, the Government could change co-ordination parameters to reflect partial closures of airports, adopt temporary rules for the most efficient allocation of unused slots to new entrants, or give the slot co-ordinator enforcement powers, such as where unused slots are not returned with sufficient time to enable them to be effectively re-allocated. Having the powers to vary the 80:20 ratio and modify the operation of the rule in this way will allow appropriate measures to support the sector’s recovery as passenger demand for flights returns. Any such changes would be based on an assessment of the current situation, and would be supported by evidence based on the latest available data.

[Mike Kane]

The Minister was right to spend a little extra time focusing on this clause, because it will be extraordinarily important in the years to come, as the aviation sector tries to recover. It came into focus this year that one of our national carriers was not acting in the national interest, by using the pandemic to change the terms and conditions of tens of thousands of its workforce. National carriers should always act in the national interest. I am glad to see that some of that damage between the workforce and the management is currently being repaired.

However, it was this national carrier’s grandfathered rights—particularly at Heathrow, and the way it wanted to retain its rights at Gatwick but move out its operation—that brought this issue into focus. Again, it did not seem fair or right to use what is almost a monopoly bias in what, in my opinion, is a very large closed shop when it comes to slots. If I remember rightly, in “Henry V”, when the Archbishop of Canterbury is trying to explain female hereditary rights in Salic law, Shakespeare says something that we could also say about airport slots: it is as clear as mud. I am afraid that is what airport slots are, which is why I think this will be dodgy territory—not party-politically dodgy territory in particular, but for the Secretary of State and the Minister over the next four or five years, whoever they are.

--- Later in debate ---

Airlines are already suffering huge losses due to the pandemic, and the temporary power will continue to alleviate pressure. That is why we are relatively supportive of the measure. However, is the faraway end date of these powers, August 2024, necessary, or could the Bill be limited to end the temporary power sooner? My concern is that airlines with grandfathered rights to lucrative landing slots might gain an unfair advantage over new operators. Existing slot holders could hoard their best-performing slots unused, whereas new operators may be able to restart operations sooner, thus bringing more jobs back to the sector earlier, given that the pandemic has so severely impacted those working in airports, airlines and ground handling services.

[Robert Courts]

I am grateful to the hon. Gentleman for those points. I enjoyed his Shakespearean reference, and I understand it entirely. This is a rather tricky part of the Bill and it took a while for us all to get our heads around it, particularly where the statutory instruments fit in, earlier in the year. He raises a number of points, and it is important to distinguish between what we are dealing with here and the wider policy aspect.

The issue of which airline has which slot is dealt with by Airport Coordination Ltd, independently of Government. The hon. Gentleman refers to a carrier being perceived to have not acted in the national interest. The Government do not involve themselves in that; it is dealt with by ACL. The wider future policy aspect is another matter, which I will come to in due course. However, he refers to grandfather rights, which I will deal with at this stage.

Obviously, we recognise that we have the ability to change the policy now that we have left the European Union’s transition period, and we will look at future slots policy in due course. Clearly, any further amendment of policy will require significant consultation and engagement with industry, and will require a good long look at what the ongoing policy will be. We are dealing here with the extraordinary times in which we live, in order to cope with the suppressed demand. There are slightly different imperatives between what we are dealing with today and what the hon. Gentleman is pressing me to look at. It is more a question of where and how we look at it. I suggest that it is not appropriate to look at that issue here.

The hon. Gentleman asks me if the date can be brought forward. The date is there because that is the date of the expected demand recovery that I referred to in my opening remarks. It means that, regrettably, we are not expecting demand to recover to 2019 levels until around 2023, or roughly that time. That means that the date in the Bill is what is required to enable that power to exist, should we require it. That date is in there because of the time taken to recover. I will add two points. First, any such decision has to be taken on the basis of data and market conditions at the time. I hope that is a reassuring factor for hon. Members. Secondly, this is a power and not an obligation. If the Secretary of State looked at that data and decided that the power was required, it would be open to him or her to exercise that power. The fact that the power is there does not mean that it has to be used. That is the reason it is there. As for conferring an unfair advantage, the power gives the opportunity for conditions to be attached. There is greater flexibility with regards to the wider policy perspective in the Bill than at present. We would have to go further into primary legislation after the usual process if we wanted to do anything further. I hope that gives the hon. Gentleman the reassurance that we have done what we can at this time and some reassurance as to the reason for the timescale.

[Mike Kane]

I am grateful to the Minister for his considered explanation. I hope that, in the cross-party nature of getting this right, he will commit to keeping an open mind about ensuring that new operators coming into the market will not be competitively disadvantaged by the clause. I want to work with him on that over the next few years to make sure that that is not the case and that we reactivate our aviation industry from this pandemic as soon as we possibly can.

[Robert Courts]

I welcome the hon. Gentleman’s comment and the constructive nature of that engagement. I am committed to working with him to ensure that we get future aviation policy right.

[The Chair]

The question is that clause 8—[Hon. Members: “Clause 12.”] Am I on the wrong page? Clause 12? Good grief. There you go; I think that is early-stage senility on my behalf. I apologise.

Question put and agreed to.

Clause 12 accordingly ordered to stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

Government amendment 2.

That schedule 8 be the Eighth schedule to the Bill.

[Robert Courts]

Clause 13 introduces schedule 8 to the Bill. This makes provision about general powers of police officers in relation to offences involving the use of unmanned aircraft and also amends sections 93 and 94 of the Police Act 1997. Without this clause, schedule 8 would not form part of the Bill.

Schedule 8 provides the police, the civil nuclear constabulary, and custodial institutions with the powers they need to protect the public from the unlawful use of unmanned aircraft. Schedule 8 contains powers for a police constable: first, the power to require a person to ground an unmanned aircraft if they have reasonable grounds for believing that person to be controlling it and if they have reasonable grounds for suspecting that it has been, is or is likely to be, used in the commission of an offence; secondly, the power to stop and search persons or vehicles where the constable has reasonable grounds for suspecting they will find an unmanned aircraft, and that it is or has been involved in the commission of certain offences under the Air Navigation Order 2016 or a relevant prison offence, such as assisting a prisoner to escape or conveying illicit articles into or out of a prison; and also, the power to enter and search premises under warrant.

Schedule 8 also amends section 93 of the Police Act 1997 so that counter-unmanned aircraft technology, which involves interference with property or wireless telegraphy, can be authorised in relation to certain offences involving unmanned aircraft. The Police Act 1997 is also amended so that the CNC and specified officers and staff in custodial institutions such as prisons may authorise this technology in relation to certain offences involving unmanned aircraft. Such unlawful use of unmanned aircraft can pose safety and national security risks, particularly around critical national infrastructure and prisons. For example, serious and organised crime groups currently use unmanned aircraft to deliver contraband into prisons, which threatens safety, destabilises prisons and undermines the efforts of hard-working staff and prison officers in delivering effective rehabilitative regimes.

It is therefore essential that custodial institutions are able to disrupt the supply of contraband by criminal gangs using unmanned aircraft and to maintain the security and the safety of prisons and their staff. Similarly, civil nuclear sites, which include some of the UK’s most sensitive assets, must be protected from unlawful unmanned aircraft use. The powers in the schedule enable the CNC to respond more effectively to unmanned aircraft incidents at civil nuclear sites. Stop-and-search powers and powers of entry and search under warrant are necessary for the police to be able to investigate offences effectively.

Take a scenario in which an unmanned aircraft is being flown in the flight restriction zone of a protected aerodrome. The police arriving at the scene suspect that they have identified the individual who was the remote pilot. The constable suspects the remote pilot has breached article 94A of the ANO 2016—the navigation order—by flying at or near the aerodrome without permission. However, the remote pilot has already ceased flying and put the unmanned aircraft in their car. Currently, the police have no powers to search the car for the unmanned aircraft, so no action can be taken. The powers in the Bill would permit the vehicle to be searched in such circumstances. Without the schedule, the ability of police, prison officers and the CNC to protect the public and our critical national infrastructure and prisons from the unlawful use of unmanned aircraft would be limited.

Briefly, Government amendment 2 to schedule 8 is a simple amendment to correct an omission in the Bill. Paragraph 5 of schedule 8 sets out the meaning of a “relevant unmanned aircraft offence”. As currently drafted, the offences in the Air Navigation Order 2016 included in the definition are summary only offences. In relation to Scotland, the definition should also include offences in the ANO 2016, which are triable either way or on indictment. Such offences were included in the definition of “relevant offences” in the Bill as introduced in the other place in January 2020. They were inadvertently omitted from the Government’s amendments tabled on Report in the other place, when the provisions setting out the definitions that apply in relation to the power to enter and search under warrant, and the supplementary power to retain evidence seized, were restructured.

If the amendment is not accepted, there would be no power for a justice of the peace, a summary sheriff or a sheriff in Scotland to issue to a constable a warrant to enter and search premises in relation to offences in the ANO that relate to unmanned aircraft and that can be tried under indictment. Nor would the supplementary power for a constable to retain items seized using powers in schedule 8 for forensic examination, investigation or as evidence at a trial apply in relation to such offences. The policy intention behind the Bill remains unchanged, and the amendment would not add to any offences or powers that were not already in the Bill as it was introduced in January 2020.

[Mike Kane]

The rapid deployment of drone technology offers great benefits for society, but as the Minister points out, it can also pose great threats. Clause 13, which deals with the powers of police officers and prison officers, is important. When the right hon. Member for Maidenhead (Mrs May) was Prime Minister in 2018, Gatwick was brought to a complete halt by the use of drones, and we did not have the powers to stop it. The Opposition are supportive of the clause. The Minister and I cover the Maritime and Coastguard Authority, and the potential of drones in search-and-rescue operations—particularly some of the technology that great British manufacturers such as Airbus are developing to help with rescue operations on land and at sea—in the years ahead is really exciting.

We support the additional powers. We agree with the British Airline Pilots Association and others that the powers are proportionate to the threat that unmanned aerial vehicles pose. There is a concern that the deterrents might not be a factor if the police are not sufficiently resourced for the powers, and I have some questions for the Minister. Do the police have the capability to bring down drones? We want to be tough on drones and tough on the causes of drones in the wrong places. Do the police have the resources to detect misuse and breaches of protected airspace? A final worry is whether this legislation will keep up to date with the rapidly changing use of unmanned vehicles in the UK.

[Robert Courts]

I am grateful to the hon. Gentleman for those points. I entirely agree that there are exciting possibilities in unmanned air vehicles. During the pandemic, we have seen trials of deliveries of essential supplies, for example, and we can look forward to seeing more of that sort of thing. He is right that this country has a good industrial base, so there are some real opportunities for the country as an industrial asset,. In addition, the loiter capabilities of drones in particular give us great advantages in search and rescue and intelligence gathering. We have a number of assets to look forward to, but we must guard against their misuse.

The hon. Gentleman raised three points and I will try to allay his concerns. The first point is on the ability to bring down drones. There has been wide consultation with the police and their position is that they already possess that power, although there is an operational question over how and whether it should be used, for fairly obvious reasons relating to kinetic effects. The police have been involved in every stage and the Bill has been brought forward with their co-operation. That power exists elsewhere; the question is not whether it needs to be in the Bill but whether it should be used, as that has other operational ramifications.

On resources, the police have been involved and consulted at all stages, as I said. I am confident that they have the resource needed. Regarding flexibility and rapidity, many of the substantive rules required in the future will take place under the air navigation orders, which are statutory instruments. The Bill enables changes to the regulatory and legal landscape as technology advances. The hon. Gentleman is right that this is a breathtakingly fast-evolving area of technology. While that presents opportunities, we must ensure that we do not need to bring forward legislation such as this regularly. This Bill, because of the way it is structured and the powers it gives, enables us to do that.

Question put and agreed to.

Clause 13 accordingly ordered to stand part of the Bill.

Schedule 8

Unmanned aircraft: powers of police officers and prison authorities

Amendment made: 2, in schedule 8, page 68, line 29, at end insert—

“(iv) an offence under the law of Scotland which arises under any other provision of the ANO 2016 and relates to unmanned aircraft, except an offence which is triable only summarily;”—(Robert Courts.)

This amends the definition of “relevant unmanned aircraft offence” to catch Scottish offences under the Air Navigation Order 2016 relating to unmanned aircraft — except any triable only summarily. These offences were caught by Schedule 8 on introduction but were inadvertently omitted when Schedule 8 was amended in the Lords.

Schedule 8, as amended, agreed to.

Clause 14

Powers of police officers relating to ANO 2016

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

That schedule 9 be the Ninth schedule to the Bill.

[Robert Courts]

Clause 14 introduces schedule 9, which makes provision about powers of police officers relating to requirements in the ANO of 2016. The powers in the schedule will enable the police to enforce more effectively requirements of the risk-based framework for unmanned aircraft operations, including in relation to the competency of remote pilots and registration of unmanned aircraft system operators.

It is important to be distinct about the two different concepts, as well as relevant consent and exemptions required for higher risk flights, including flights at or near protected aerodromes. This includes the power to require a remote pilot of an unmanned aircraft to provide evidence that they have met any applicable competency requirement in the ANO 2016 for their flight and information as to the identity of the unmanned aircraft system operator of the unmanned aircraft. It also includes the power to require a UAS operator to provide evidence of registration and information as to the identity of the remote pilot of the unmanned aircraft, and to provide evidence that they have the relevant consent where needed to be able to carry out a flight lawfully. A relevant consent includes an operation authorisation issued by the CAA, or a permission for a flight over or near a protected aerodrome. There is also a power to inspect an unmanned aircraft in order to establish whether the other powers I have just described are exercisable. If the remote pilot or the unmanned aircraft system operator does not have the documentation, information or evidence with them when the constable requests it, they must be able to provide it to the police station instead within seven days, or as soon as is reasonably practicable, similar to existing procedures for driving licences.

Schedule 9 makes it an offence to knowingly or recklessly provide false or misleading information when purporting to comply with a requirement that has been imposed on a person using one of the powers in the schedule. To be able to establish whether an offence under the ANO 2016 has been committed, the police need the powers conferred on them by the schedule. This in turn will enable them to deal more effectively with offences that have been committed, as well as deterring the commission of further offences. Without clause 14, schedule 9 and the powers it contains would not form part of the Bill, so the police would not be given the powers they need to effectively tackle the unlawful use of unmanned aircraft where this involves the breach of provisions of the Air Navigation Order 2016.

Question put and agreed to.

Clause 14 accordingly ordered to stand part of the Bill.

Schedule 9 agreed to.

Clause 15

Fixed penalties for certain offences relating to unmanned aircraft

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

That schedule 10 be the Tenth schedule to the Bill.

[Robert Courts]

Clause 15 introduces schedule 10 and is about provision for fixed penalties. Schedule 10 enables the police to issue a fixed penalty notice for a fixed penalty offence where they believe that the offender did not cause or intend to cause various types of harm or damage when committing the offence. It is important to note that if the preconditions for the exercise of this power are met, the constable has the option to issue a fixed penalty notice as opposed to pursuing a prosecution through the courts. They can only do so when an offender is aged 18 or over. The schedule also gives the Secretary of State powers to prescribe in regulations the offences in relation to which fixed penalty notices may be issued and the amounts of the fixed penalties.

Prescribing the offences and the amounts in regulations will enable this legislation to keep pace with an area of technology that is rapidly evolving, as the Government will be able to prescribe new offences involving unmanned aircraft as they are created. The schedule also sets out the definition of a fixed penalty notice, the information that must be included in it and the procedure for paying it. A person given a fixed penalty notice will have 21 days to pay it before they are convicted of the offence.

The schedule also sets out when registration documents in relation to a fixed penalty notice may be issued and the procedure for doing so in England, Wales, Scotland and Northern Ireland, as well as requirements as to the information a registration document must contain. Such documents are necessary when a fixed penalty notice is not paid within the 21-day timeframe and has not been appealed. These provisions provide an immediate and proportionate deterrent to committing certain offences, reducing the burden on the courts and police, because a person who is given a fixed penalty notice and pays it within the required timeframe will not be subject to the costs that are incurred when a person is prosecuted through the courts.

Question put and agreed to.

Clause 15 accordingly ordered to stand part of the Bill.

Schedule 10 agreed to.

Clause 16

Amendment and enforcement regulations

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

That schedule 11 be the Eleventh schedule to the Bill.

[Robert Courts]

The clause introduces schedule 11, which contains powers to ensure that any new offences related to unmanned aircraft, including those created via an air navigation order or in relation to particular EU-derived legislation on unmanned aircraft, can be enforced using the police powers in the Bill. The aim of the schedule is essentially to future-proof as much as possible the enforcement of legislative requirements relating to unmanned aircraft. It contains provisions that will enable the police powers in the Bill to be used to enforce new offences relating to unmanned aircraft in future.

Schedule 11 contains powers that allow for amendments to be made in subordinate legislation to schedule 8, clause 14 and schedule 9 once the Bill becomes an Act in the light of changes in relevant subordinate legislation. The definition of “relevant subordinate legislation” includes the Air Navigation Order 2016, the creation of a new air navigation order, regulations made by the Secretary of State under retained law and regulations made under the power in paragraph 3 of the schedule.

Those Henry VIII powers may be relied on for three specific purposes. First, the police powers can be amended so that they can be used to enforce new offences relating to unmanned aircraft created in future relevant subordinate legislation. Secondly, paragraph 1 provides for amendments to be made to the Act to ensure the maintenance of the effect of the powers where they would otherwise cease to be effective because of provisions in relevant subordinate legislation. Thirdly, schedule 11 provides for a power to amend the Act in consequence of provisions made in any relevant subordinate legislation to confer a police power that corresponds to a power conferred by schedule 9.

Paragraph 3 provides for enforcement of particular EU-derived legislation. The schedule contains a power to create criminal offences and civil penalties so that the legislation’s requirements can be properly enforced. Without schedule 11, it would not be possible to ensure that the enforcement of offences relating to the use of unmanned aircraft remained feasible, especially in the light of new and often rapid developments in unmanned aircraft technology and its possible misuse in future, with which the related legislation has to keep pace.

[Sam Tarry (Ilford South) (Lab)]

It is an honour to serve under your chairmanship, Sir Charles. We seem to be whistling through the Bill faster than the snow is falling on the Thames.

I thank the Minister for his comments. The Opposition share many of the British Airline Pilots Association’s concerns about the catastrophic collisions that could happen if drones were used maliciously or even incautiously and far too close to airports. We would therefore like reassurance from the Minister about restrictions on drone flights, for example, if the in-built safety features such as geo-fencing, lights or the transponder were retuned or deliberately disabled. The Minister said that penalty notices applied to those aged 18 and over, but it is clear that sales of drones are often to people under 18. We know how ingenious many of our young people are in this day and age, when it is possible to plug a drone into a computer and reconfigure its parameters. Sometimes we need to think about how to ensure that we are not being outwitted by people who purchase and use those items.

I would also like reassurance about the distinct threat of unmanned aircraft pilots operating drones as swarms. That is a potentially dangerous development. The military not just in the US but in Israel have been testing that, and it would not be beyond the wit of civilians purchasing unmanned aircraft to do it. We need reassurance that the police are equipped with the technology to disable a single swarm of drones conducting a mission. We also need to satisfy the safety concerns about overseeing those multiple unmanned aircraft if they are performing different missions.

The Opposition are concerned about the Bill’s failure to recognise wake turbulence. Again, the British Airline Pilots Association has raised that matter. Wake turbulence is stipulated in law in terms of the distance between aircraft, but unmanned aircraft are not currently covered. That could be a significant safety issue for the public if a drone crashed over a populated area due to an aircraft’s wake turbulence. Those are some of the areas of concern on which we would like to hear reassurances from the Minister.

[Robert Courts]

I thank the hon. Gentleman for those excellent points. They show the complexity of the challenge we face as we adapt to welcoming this new technology while ensuring that it does not pose a danger to those on the ground or in the air. For those reasons, we have constructed the Bill in the way that we have, so that it is able to adapt and flex to technology or operating practices that change in the future.

Many of the hon. Gentleman’s points will be covered by some of the definitions of the way people operate drones in the Bill—for example, their operation as swarms, or in relation to wake turbulence. I suggest that is not something that needs granularity on the face of the Bill. It is a practice that could be tackled by the police when they operate under the powers conferred by the Bill. The police have been heavily involved in the drafting and preparation stages of the Bill, and we continue to work with operational partners, not just the police, but related agencies, such as the CAA, We have been keen to ensure that the Bill not only gives the flexibility required, but is realistic to implement once it becomes law. We will obviously continue to work closely with the CAA and police to make sure they are ready to respond to changes made to offences using the powers in schedule 1.

Police training and guidance relating to unmanned aircraft and powers in the Bill are a key part of the Government’s counter-unmanned aircraft strategy, which continues in any event. Briefings and general guidance are provided to officers with more specialist advice available in the form of tactical advisers to ensure the most efficient and effective use of policing resource.

The hon. Gentleman also asked about the resources available to the police. Again, I pray in aid those aspects of the legislation, because we have worked closely with the police to provide them with the guidance to ensure they have the resources that they require. I think I have covered all the hon. Gentleman’s points.

Question put and agreed to.

Clause 16 accordingly ordered to stand part of the Bill.

Schedule 11 agreed to.

Clause 17

Disclosures of information

Question proposed, That the clause stand part of the Bill.

[Robert Courts]

This clause authorises a disclosure of information where it does not contravene data protection legislation or parts 1 to 7 or chapter 1 of part 9 of the Investigatory Powers Act 2016.

Question put and agreed to.

Clause 17 accordingly ordered to stand part of the Bill.

Clause 18

Part 3: interpretation

[Robert Courts]

This is the interpretation part of this section of the Bill. The Bill provides that ANO 2016 means the Air Navigation Order 2016, which we have referred to throughout this Committee sitting. The Bill provides that subordinate legislation means any instrument made or to be made under an Act of Parliament on or after IP—implementation period—completion day under any retained direct EU legislation. The Bill also provides that unmanned aircraft means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board. Drones and model aircraft are the most commonly used types of unmanned aircraft.

[Sam Tarry]

It is important to raise a concern and disappointment that the Bill is two years too late. For a moment, we ought to reflect on the incident at Gatwick in December 2018, which affected 140,000 passengers and in excess of 1,000 flights, costing the airline operators tens of millions of pounds. The pace of change of technology for unmanned aircraft and unmanned aircraft swarms has advanced rapidly, as I have already mentioned. The Bill must ensure that the Department for Transport and the Minister continue a dialogue with the police to identify threats as early as possible so that we are not in that situation again. More specifically, we need clarification from the Minister about how the Department and the Civil Aviation Authority plan to keep up with new anti-drone technology, to provide support and licences to private operators, perhaps at aerodromes—particularly ones near critical national infrastructure such as power stations—and then to police that technology.

Furthermore, we need to ensure that the Bill enables the DFT and the police to keep up to speed with the possible future development of broad, unmanned traffic management systems, so we need to be looking ahead. During the pandemic we have seen the ubiquitous use of Amazon. I have probably recycled more cardboard boxes from my wife’s orders than I care to think of, but it is not beyond the realms of possibility that those boxes could, in the next 10 years, be delivered by drones. That is certainly something that private companies are thinking about, but will the provisions and scenarios laid down in the guidance around the Bill be able to keep pace with those developments? In fact, as a result of the rapid increase in the technology, Administrations around the world who are also looking at this issue have called for a focus on the use of drones—beyond just recreational and military use—by commercial operators.

[Robert Courts]

The hon. Gentleman’s vision for the potential future of the industry is absolutely right. There are all sorts of endless possibilities. The hon. Member for Wythenshawe and Sale East and I have talked already about, for example, the maritime sphere and search and rescue possibilities. There are myriad others. He is absolutely right to focus on, for example, how it is not inconceivable that the day-to-day deliveries that we currently do by land might be done by air in future.

The sponsoring and promotion of that aspect of things probably lie outside the Bill. We would probably look at other areas of Government to ensure that we make the most of those technologies. What we are concerned with in this Bill is ensuring that there is a safe regulatory environment by laying out a framework with the flexibility to innovate for the future to ensure that the regulation stays up to date, which we do primarily through air navigation orders.

In terms of the DFT being well informed as to what is required, I refer back to the detailed and ongoing engagement we have with the Civil Aviation Authority, which is a world-leading regulator in this sphere, as it is in other spheres of aviation. We also work closely with the police, and I have referred to how the Bill has been created in close consultation with the police to ensure that they have the powers they need. By continuing to engage closely with the CAA, the police and all manner of other bodies—we have referred to many others, such as BALPA—and listening to their views, we will stay on top of ensuring that we have the regulations we need so that the great vision we have discussed is realised in a safe manner. This Bill lays out the regulatory framework within which we can do that in the future.

Question put and agreed to.

Clause 18 accordingly ordered to stand part of the Bill.

[The Chair]

Colleagues, with grit, determination and focus, we are in danger of finishing this Committee stage in its entirety by 11.25 am. As long as you are all happy to progress on that basis—there seems to be a degree of happiness in the room—we will continue.

Clause 19

Regulations

Question proposed, That the clause stand part of the Bill.

[Robert Courts]

This clause sets out which powers in the Bill are subject to the affirmative resolution procedure and which are subject to the negative resolution procedure. Every effort has been made to limit the number and scope of the delegated powers in the Bill. Delegated powers have been included in the Bill only where it is not appropriate, practical or possible to make provision in the Bill itself.

In the Bill, where amendments to primary legislation relate to procedural matters, we propose that the negative resolution procedure would apply. For example, schedule 3 gives the Secretary of State powers to modify time limits for an appeal to be determined by the Competition and Markets Authority. If the time periods are no longer appropriate, or the CMA needs longer to consider an appeal, it is right that there is a mechanism to amend the timeframe.

However, it is right that some powers in the Bill that could have significant impacts should be subject to a higher level of parliamentary scrutiny and debate. For example, the power under paragraph 3 of schedule 11 makes regulations providing for the creation of criminal offences in relation to the requirements of particular EU-derived legislation on unmanned aircraft.

Some powers we propose in the Bill are made by the affirmative resolution procedure in the first instance and by the negative procedure for any amendments thereafter. For example, that would apply to paragraph 2 of schedule 10, on the power of the Secretary of State, by regulations, to prescribe offences as fixed penalty offences for the purposes of the Act. That is to give Parliament the opportunity to scrutinise the secondary legislation before it comes into force for the first time. Using the negative procedure thereafter is considered proportionate and in line with other existing legislation, and it allows the Government to respond flexibly to changing circumstances, such as changes to inflation.

Question put and agreed to.

Clause 19 accordingly ordered to stand part of the Bill.

Clause 20

Extent

Question proposed, That the clause stand part of the Bill.

[Robert Courts]

This clause states that the Act will extend to England and Wales, Scotland, and Northern Ireland, except for clause 12—“Airport slot allocation”—which extends to England, Wales and Scotland only. Civil aviation, aviation and transport, including airspace, are reserved matters in respect of all three devolved Administrations. Aerodromes are a transferred matter in relation to Northern Ireland, which is taken to include airport slot allocation. As a result, and because there are no co-ordinated airports there, and there are not expected to be any designated there during the relevant period, clause 12 has not been extended to Northern Ireland.

The powers provided in part 3 of the Bill are necessary for police and other law enforcement agencies to enforce the lawful and responsible use of unmanned aircraft. However, the powers relate to the regulation of unmanned aircraft. The legislative consent process is triggered for Scotland and Northern Ireland in relation to schedule 8 of the Bill, which provides in part 2 for the authorisation of property interference and interference with wireless telegraphy when certain offences have been committed using an unmanned aircraft.

Schedule 8 also extends the range of public authorities that may authorise such interference to include the CNC and a member of senior management in custodial institutions. The provisions confer a function on Scottish Ministers and on the Department of Justice in Northern Ireland to designate certain officials in the Scottish Prison Service and in the Northern Ireland Prison Service and Youth Justice Agency as being capable of authorising counter-unmanned aircraft measures.

The Scottish Parliament and the Northern Ireland Assembly both passed legislative consent motions in June 2020. The legislative consent motion process does not apply to Senedd Cymru because excepted functions relating to prisons are reserved.

Question put and agreed to.

Clause 20 accordingly ordered to stand part of the Bill.

Clause 21

Commencement

Question proposed, That the clause stand part of the Bill.

[Robert Courts]

The clause sets out when each of the provisions in the Bill will come into force. Clause 7 and schedule 2, clause 13 and schedule 8, clause 14 and schedule 9, and clause 15 and schedule 10 will all come into force on the day on which the Bill is passed, only for the specific purpose of making secondary legislation.

Schedule 9 enables the police to require the production of information, documentation and evidence by UAS operators and remote pilots of unmanned aircraft. The measures require UAS operators to register their aircraft, remote pilots to have been issued their certificates of competency, and consent to have been obtained from the CAA for higher-risk flights.

Schedule 9 also enables the police to inspect an unmanned aircraft to assist in determining whether other powers conferred by the schedule are exercisable. It also gives the Secretary of State the power to prescribe other information, documentation or evidence that a UAS operator or a remote pilot must produce. This power comes into force on the day on which the Bill is passed. All other provisions in schedule 9, which are not required for the purposes of making regulations, will come into force two months after the day the Bill is passed.

Clauses 12 and 16 to 22 will also come into force on the day the Bill is passed. All other clauses come into force on the date set out in the statutory instruments to be made once the Bill has passed. The commencement dates for statutory instruments can be different depending on the purpose of the statutory instrument. That provides flexibility for the coming into force date.

Question put and agreed to.

Clause 21 accordingly ordered to stand part of the Bill.

Clause 22

Short Title

--- Later in debate ---

Question proposed, That the clause, as amended, stand part of the Bill.

[Robert Courts]

Clause 22 provides that the Act may be referred to by its short title, the Air Traffic Management and Unmanned Aircraft Act 2021, when it is cited in other legislation and documents.

[The Chair]

Gosh. We are cantering through this.

Clause 22, as amended, ordered to stand part of the Bill.

[The Chair]

Does anyone want to say anything nice about each other?

[Robert Courts]

I would like to thank the Clerks of the Committee and you, Sir Charles, for chairing and for dealing with the business in such an efficient and diligent manner this morning. I thank the hon. Member for Wythenshawe and Sale East—the Opposition spokesman—and the Opposition Whip for having facilitated the efficient but detailed consideration of the Bill. It is an exciting Bill and it is necessary, as we look to the future, for not just space management but drone operations, which we have discussed today. I am grateful to everyone for their constructive engagement in Committee. I look forward to that as we move forward to Report.

[The Chair]

Might I say that I think I heard the Minister make a point of order? That is what I was meant to hear. That was not entirely a point of order, Minister, but it was rather brilliantly put.

Air Traffic Management and Unmanned Aircraft Bill [Lords]

Robert Courts Excerpts

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

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

I thank all Members for their contributions and the constructive way in which they have engaged with the Bill throughout and with the new clauses and amendments before the House. I will address each of the provisions.

New clause 1, tabled by the right hon. Member for Hayes and Harlington (John McDonnell) and supported by the hon. Members for Richmond Park (Sarah Olney) and for Brentford and Isleworth (Ruth Cadbury), seeks to ensure that the Civil Aviation Authority prioritises noise when considering airspace changes by making it a primary duty. The Government recognise the impact that aviation noise has on communities that are overflown, including those in the right hon. Member’s constituency, which may also be impacted when aircraft are on the ground. The Government have in place regulations and policies to mitigate and reduce aircraft noise but cannot, I am afraid, support the new clause.

Subsection (1) of the new clause puts a primary duty on the CAA to

“reduce, minimise or mitigate significant adverse noise impacts of aviation.”

The CAA’s duties include regulation of civil aviation safety, aviation security functions, licensing of airlines and more. Those are in addition to its duties around the use of UK airspace, to which the Bill is more closely linked. Specifically on its duties around air navigation functions, section 70(1) of the Transport Act 2000 states that safety is “to have priority” over the CAA’s other functions. I would like to reassure the right hon. Gentleman and other Members that, in carrying out those air navigation functions, the CAA must take into account guidance on environmental objectives given to it by the Secretary of State. That guidance currently takes the form of the “Air Navigation Guidance 2017”. Altitude-based priorities are clear that the environmental priority in airspace below 7,000 feet is to minimise

“the impact of aviation noise in a manner consistent with the government’s overall policy on aviation noise”.

For the reason that safety must remain the primary duty of the CAA in its air navigation functions, the Government cannot accept subsection (1).

Subsection (2) of new clause 1 seeks to constrain the use of airspace with regard to number and type of aircraft. The frequency of overflight and the type of aircraft are clearly among the most important contributing factors to the noise experienced by communities. There is a wide variety of powers available to Government and airports to reduce noise at airports, including section 78 of the Civil Aviation Act 1982, which the Government use to limit numbers and types of aircraft during the night period at Heathrow. I should add that, in the 2018 aviation strategy Green Paper, the Government consulted on a proposal to routinely set noise caps. We expect to look once again at these important issues and will consider whether current policy on noise reduction needs to be strengthened. The Government believe that it is right that any restrictions on noise should be imposed on the airport itself, and that it is not appropriate or practical to restrict the use of airspace around an airport for these purposes, because to do so would add great complexity to the day-to-day management of airspace.

New clause 2 seeks to ensure that the Government meet their target of net zero emissions by 2050 and that aircraft noise is mitigated, even reduced. I am sure the House will agree that those are noble objectives. The Government will consult over the coming months on a net zero aviation strategy, setting out the steps to reach net zero aviation emissions by 2050. However, we are unable to support the new clause because it would have some unintended consequences, which I will briefly explain.

In most airspace change proposals, there is a complex balance of trade-offs between the needs of airspace users, the airports, the military and the environment—it is the co-existence that my hon. Friend the Member for Milton Keynes North (Ben Everitt) addressed in his speech and that was mentioned by the hon. Member for Strangford (Jim Shannon). Those trade-offs can be further complicated by the competing needs of different types of airspace user, or, in the case of the environment, the desire to reduce emissions or aircraft noise at the expense of the other. It is far from easy for an airspace change proposal to meet everyone’s wishes, and the CAA has to make the best decision that it can based on the available evidence.

Under section 70 of the Transport Act 2000, the CAA is required to exercise its air navigation functions in a manner that it considers best calculated to achieve a number of objectives, which already include a requirement for the CAA to take into account the environmental objectives in guidance given by the Secretary of State. If the right hon. Gentleman’s new clause 2 were accepted, the requirement “to ensure” would make it very difficult for the CAA to accept any proposal that did not reduce emissions and aircraft noise, regardless of the overall benefits of the proposal or the other conditions under section 70(2). That would act as a significant constraint on the Government’s airspace modernisation programme, and therefore the Government are unable to accept or support this new clause.

Amendment 1, tabled by the right hon. Member for Hayes and Harlington, is motivated by a desire to ensure that communities receive clarity on the emissions, health and noise impact of any airspace change process, and of course I agree that it is vital for communities to have clarity and to understand the implications of how any airspace change might impact them.

I wish to assure the House that the Department’s air navigation guidance to the CAA already requires airspace change sponsors to consider the emission, health and noise impacts of their proposal and to consult with communities on its impacts. The Government consider that there is therefore no need for this amendment, as mechanisms already exist to ensure that communities are suitably informed of the potential impact of airspace change proposals.

I turn to new clause 4, which has been tabled by my hon. Friend the Member for North East Bedfordshire (Richard Fuller). He rightly wishes to reflect the recent airspace change experience of constituents in places such as Potton, Sandy and Biggleswade, as well as others living in nearby constituency areas. He has spoken to me about them, and he has spoken powerfully again about them tonight. I appreciate that communities, wherever they live, are always going to be rightly concerned about any airspace change proposal that may affect them. I hope that he will be reassured by the fact that “Air Navigation Guidance 2017” was produced in response to many concerns that such communities have raised. That is embedded in the Civil Aviation Authority’s CAP1616 process for airspace change—a new process that is only just beginning to have effect. I assure my hon. Friend that the air navigation guidance and CAP1616 require the sponsor to actively engage and consult with key stakeholders, including communities, on their proposals.

I am mindful that my hon. Friend’s new clause would require sponsors to undertake a road traffic congestion assessment in their proposal. That is important, but the Government are not convinced that it is appropriate for a consultation on airspace change proposals to include road traffic congestion.

I am aware of a number of points that my hon. Friend has made with regard to Luton and its development consent order. I hope that he will understand that, as the final decision on that would rest with the Secretary of State for Transport, it would not be appropriate for me to comment on it at this stage. I hope that the House and my hon. Friend will agree that the long-established planning system is the right place for communities to have their say on such matters. As we consider aviation policy in the future, I will remember, of course, all the points that he has made.

I turn briefly to my hon. Friend’s amendments 3 and 4, which have the laudable intention of ensuring that air pollution and noise impacts of any airspace change proposal are identified and monetised. He will, I am sure, be relieved to hear that the Department for Transport’s transport analysis guidance assessment tool includes the need to monetise many of those aspects, as the specific location is already an important requirement under the CAP1616 process that I have referred to already.

I am grateful that the hon. Member for Paisley and Renfrewshire North (Gavin Newlands) has indicated that he does not intend to press new clause 5 to a vote, but given that he had the courtesy to table it, I shall deal with it briefly. The Airspace Change Organisation Group is a ring-fenced team that sits within NATS, so is funded by the NATS charging scheme and would not be affected by the costs of airspace change in the way that I anticipate the hon. Gentleman fears.

The hon. Member for Paisley and Renfrewshire North also tabled amendments 5 and 6, which would narrow the powers in the Bill so that they could be used only for controlled airspace. I remind the House that clauses 2 and 3 will be used only when the Secretary of State considers that their use will assist in the delivery of the CAA’s airspace strategy. Airspace modernisation is not just about the masterplan or controlled airspace, as the hon. Member may feel; those are only two of the 15 initiatives in the CAA’s airspace modernisation strategy. To restrict the powers only to the masterplan or controlled airspace would put at risk the delivery of those other initiatives.

The hon. Member also asked me to confirm the circumstances in which the powers can be used; they are intended to be used as a last resort if the airspace change proposal is not progressed voluntarily. The CAA’s oversight team will work with sponsors to ensure, before it recommends to the Secretary of State that the direction powers be used, that they are not intended to be used if there are factors outside the airspace sponsor’s control. In any event, there are a number of procedural safeguards, such as consultation with the proposed recipient, the direction being in writing and the Secretary of State being of the view that the direction will assist in delivering the airspace modernisation strategy. There is also a provision to allow the recipient to appeal to the Competition Appeal Tribunal if it is claimed that the decision was based on an error of fact, wrong in law or made in the exercise of a discretion.

I have addressed all the new clauses and amendments; I hope, Mr Deputy Speaker, that you will allow me one or two other words. I do not wish to detain Members any longer than is necessary, but while I am on my feet I thank all Members who have participated in the passage of this Bill. I thank the Committee Chairs, my hon. Friend the Member for Broxbourne (Sir Charles Walker) and the hon. Member for Mitcham and Morden (Siobhain McDonagh), for having expertly guided the Bill through Committee, and I thank the Opposition, and particularly the hon. Member for Wythenshawe and Sale East (Mike Kane), for their constructive criticism both here and in the other place. I thank the Bill team and all the team at the Department for Transport, the CAA and NATS, and the ministerial teams from the Home Office, the Ministry of Justice, the Department for Business, Energy and Industrial Strategy and the Ministry of Defence, all of whom have played critical parts in bringing the Bill to the House.

The Bill is critical and, as we have already rehearsed, will bring airspace into the modern age and deal with the opportunities and challenges in respect of drones and a number of other critical aspects of aviation. It has taken us some time to get the Bill all the way through both Houses and to the position we are in today, but it is vital that we have done so. I thank all Members for their part in having brought the Bill to this position and I commend it to the House.