Draft Airports Slot Allocation (Alleviation of Usage Requirements) Regulations 2022

Debate between Robert Courts and Kevin Brennan

Tuesday 1st March 2022 General Committees

[Robert Courts]

I thank the hon. Members for Gordon and for Wythenshawe and Sale for their comments. I also wish the hon. Member for Cardiff West, and all hon. Members, a happy St. David’s day. I agree with the comments of the hon. Member for Wythenshawe and Sale about Putin and Ukraine. We have taken action quickly in the Department for Transport on aviation and maritime issues, and we will of course look to do more if that is possible. I could not agree more passionately with his comments that the most precious thing that we have is the ability to sit together in this House where a Minister proposes a law, hon. Members disagree or agree, as they wish, and they can ask any question without fear of any consequences or reprisals. We are very lucky to live in such a free country. I will continue to do anything I can from my perspective, as will my right hon. Friend the Secretary of State, to support the Ukrainian people in their hour of trial.

I am grateful to the hon. Members for Gordon and for Wythenshawe and Sale for their broad support of the SI. I particularly liked the phrase about clutch plates cited by the hon. Member for Gordon; that is quite a good way of phrasing the balancing act of moving back towards the normal slot alleviation position. We have moved the industry back to what is closer to normal times, which the hon. Member for Wythenshawe and Sale described as getting the skies reopening. How welcome it is that we are getting to that position.

The hon. Member for Wythenshawe and Sale asked about consultation, the rule change midway through that period and certainty. We have committed to introducing a playbook that will provide certainty for the industry, so that it will understand what we are likely to do were a variant or worse arise in the future. We are working on that in consultation with the industry. It aims to give precisely the certainty that he wishes to offer to the sector. There is no getting away from the fact that the action that we have had to take, often with very little notice, has been very difficult for the industry. We all understand the reasons, and I know that hon. Members understand and support the fact that we have to support public health, but none the less, there is no hiding from the fact that it has been very difficult for the industry. We are keen to alleviate those difficulties in whatever way possible. I believe that the playbook is the answer to that, and we will continue to look at that.

The hon. Gentleman also asked me about ongoing restrictions in other parts of the world. We are lucky that we are in many cases exceeding the progress of other countries, some are still restricted and quite locked down. That means that we can be quite forward looking and forward leaning in the measures we are taking. We have to remember, however, that in some cases carriers may be operating to markets that do not have those restrictions. That is why we have introduced in the SI the enhanced justified non-utilisation provisions, which address precisely the point that the hon. Gentleman quite rightly raised.

The hon. Gentleman also asked about the funding for airspace, and I entirely agree about the requirement for airspace modernisation. It is something about which the Government feel very strongly. We have airspace that has not changed since the 1950s and it is something that we discussed during the passage of ATMUA. For all the reasons he rightly cited, namely, improving navigation capability, reducing emissions and making the best use of airspace, it is something that we are determined to pursue. The usual principle is that the user pays for such work, but we have introduced two tranches of funding to assist the industry while it has been undertaking that work in the most difficult of conditions.

The hon. Member for Cardiff West asked me what happens after this period, and the short answer is that it depends on what happens with demand. The alleviation that we introducing depends on the Secretary of State being satisfied that there is a restricted demand due to covid-19 and that that is likely to persist. At present, I cannot give a definite answer because I simply do not know anymore than any else what the position in a few months’ time will be. We will have to continue to look at the circumstances. The alleviation positions are meant to be temporary, so it might be the case that we go back to the normal rule, and the provisions fall away and are not replaced, or we might introduce another package. That is the short answer.

The hon. Member for Cardiff West also asked me about longer-term reform. As the hon. Member for Wythenshawe and Sale also mentioned, slot reform is a major issue. As I have said before, we are working on our framework for the future of the sector—an aviation strategy for want of a better phrase—and that will consider the issue of longer-term slot reform. That is a major piece of work that will require significant consultation, and there will be a chance for us to discuss it with the industry and hon. Members in due course. I cannot go into too much detail about that now because it is a major piece of work, and I would probably be out of order in any event, but that is the approach we will take to longer-term slot issues, which may have been the answer to hon. Member for Cardiff West.

[Kevin Brennan]

I know why Government do not want to go preparing impact assessments on every single thing they do, particularly when it is a temporary measure, but the Government could monitor the impact of the changes. If the Government are planning longer-term reform, they should commit to making sure that a proper impact assessment is then done so that the House has a real understanding of the likely impact.

[Robert Courts]

I am grateful to hon. Gentleman for clarifying that. He is quite right that because the SI relates to short-term, six-month provisions, a formal impact assessment has not been made. That does not mean, of course, that we do not look at that impact but just that a formal impact assessment notice is not prepared. We consult, however, and then a note on impact is prepared for Ministers. Anything that is longer term and permanent would be subject to the usual consultation and impact assessment provisions, as the hon. Gentleman would expect.

On the issue of ghost flights and the press reportage we have seen, the hon. Member for Wythenshawe and Sale is right that nobody wants to see such flights. They are an unnecessary expenditure of money and of carbon emissions. The press reports have perhaps given the wrong impression, and I should like to explain why briefly, if I may. That is on the back of a written question asked by the hon. Member for Leeds North West (Alex Sobel). In response we published some statistics—they are before the House because it was written answer— that show the rise and fall of departing airlines. The reason some reportage is misleading is that for the data period for which we have statistics available at the moment, the alleviation in place was a full waiver. That means there was not a requirement to fly any slots at all. We do not hold the data on why an airline flies a flight. It is not really possible for the Department for Transport to hold that, and it is a commercial decision for airlines in any event. However, the reasons for flights to which the hon. Member for Wythenshawe and Sale referred are absolutely right, because in many cases those flights would have been carrying back personal protective equipment, testing kits or essential freight. That would be taking place on passenger aircraft, even if there were a small number of passengers on board.

The second reason for such flights was repatriation. On looking at the data, there are two particular spikes in March and September, when people were brought back from abroad as rules changed. Clearly, in order for a person to be brought back, they have to have an aircraft to do that, and that aircraft has to go there. Although I do not have the full data and therefore I cannot say with cast-iron certainty why the flights were being flown, I point to the overriding principle, namely, there was no need for any operator to fly for the purpose of retaining a slot, because a full alleviation was in place at the time. I would observe that there are some understandable principles in place that will explain why those flights operated with low utilisation of passengers at the time. Essentially, they were carrying cargo. I hope that that answers the points quite rightly raised by the hon. Member for Wythenshawe and Sale.

We have a balanced set of measures before the Committee. Without them, we would have a return to the 80:20 rule and I do not think that would be right at the present time. We still need some relief available while the sector recovers, but we also need a balance to ensure that we support recovery at the same time. I hope very much that the Committee can support the regulations.

Question put and agreed to.

Draft Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021

Debate between Robert Courts and Kevin Brennan

Wednesday 15th September 2021 General Committees

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

I beg to move,

That the Committee has considered the draft Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021.

It is a pleasure to serve under your chairmanship, Mr Davies. The draft regulations are necessary because of the ongoing need to reduce pollutant emissions from the maritime sector to protect public health and the environment. They will do that by amending the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 in order that our domestic legislation is aligned with the latest international limits and standards for sulphur and nitrogen dioxide emissions. The international requirements are set out in annex VI of the 1973 international convention for the prevention of pollution from ships, which is colloquially known in the industry as the MARPOL convention.

The changes limit the amount of sulphur in marine fuels that are used, or intended for use, by ships to 0.5% by mass or less. They also require that new ships and new engines be certified to meet the latest nitrogen oxide emission standards, both globally and when ships operate inside waters that have been designated as an emission control area, or ECA, by the International Maritime Organisation.

The regulations enable UK ship inspectors to enforce the new limits more effectively on foreign-flagged vessels calling at UK ports. Under port state control regulations, ship inspectors from the Maritime and Coastguard Agency can apply limited sanctions for an offence on ships calling at UK ports. For example, those include recording a deficiency against a ship or temporarily detaining a vessel, or a ship can be ordered to de-bunker, which is emptying its fuel tanks. If the ship is using non-compliant fuel, access to UK ports and anchorages may be denied if there is evidence of significant non-compliance.

Those sanctions can be applied to ships only when in port or at anchor. The new statutory instrument, which we are debating, will allow ship inspectors to use the criminal justice system to impose fines on offenders. That is in line with our current approach to other marine pollution offences.

The ability to impose such fines will be an important deterrent to all foreign-registered vessels in UK waters, whether in transit, in port or at anchor, particularly those that would consider risking non-compliance to reduce costs without the threat of financial penalties. I would stress, however, that compliance with maritime environmental rules is the norm. Enforcement action by the MCA through the courts is extremely rare, and would be funded through existing resources if it were to occur.

The regulations also include an ambulatory reference provision—

[Kevin Brennan (Cardiff West) (Lab)]

The Minister says that such enforcement action is extremely rare. On how many occasions in the past two decades, for example, have maritime companies been found to be in breach of the regulations?

[Robert Courts]

I thank the hon. Gentleman for that question. I do not have those details at my fingertips; I apologise, but I will write to him and the Committee.

[Kevin Brennan]

If officials have the figures, could those be communicated to us during the sitting, because they would be of interest to the Committee? We are introducing further and stricter regulation, so it would be helpful for the Committee to know how much of a problem there is under the existing system.

[Robert Courts]

If I have that information, I will be delighted to share it. In any event, I would make the point that through the regulations we will ensure that our domestic legislation matches the international standards with respect to the IMO. We have two choices today, essentially. We can choose not to apply those standards—that is certainly an option for the Committee and the House—but if we were to take that option, we would be choosing to have lower standards in our domestic law than those in international law and those that we pushed for in the International Maritime Organisation. In any event, I urge the Committee to consider that these provisions are necessary, but if I have that information, I will of course share it with the hon. Gentleman.

The regulations include an ambulatory reference provision, which will automatically update references in the 2008 regulations to provisions of the convention and its annexes. That implements a key industry request from the red tape challenge that enables some amendments to international requirements to be transposed into domestic law more rapidly and efficiently than was possible previously. An amendment that is accepted will be publicised in advance of its coming into force date by means of a parliamentary statement to both Houses of Parliament. In any event, the ambulatory reference provision is limited. Substantial changes, such as implementing a new chapter in MARPOL annex VI, would still need to be implemented by statutory instrument.

The draft regulations amend obsolete sulphur limits for marine fuels used by ships, which were made under section 2(2) of the European Communities Act 1972. Specifically, the new regulations remove references to the 1% sulphur limit for ships operating inside an emission control area and the 3.5% sulphur limit for ships operating outside an emission control area. Respectively, these have been superseded by the stricter 0.1% and 0.5% sulphur limits. The new regulations also remove references in the 2008 regulations to a 1.5% sulphur limit that applied to passenger ships operating within European waters. This has been superseded because, like all vessels, passenger ships are now subject to the stricter 0.5% sulphur limit or the 0.1% sulphur limit when they operate inside an emission control area—that is, the higher standard.

Although it is important to remove obsolete requirements from our domestic legislation that were introduced under section 2(2) of the European Communities Act, the draft regulations retain other requirements that are still pertinent. They do not, for example, amend the requirement for ships to use 0.1% sulphur fuel when at berth in a UK port.

As the Committee will remember, shipping is the most global of international industries. It is important we apply internationally recognised air quality standards to shipping, which was of course the answer I gave to the hon. Member for Cardiff West a moment ago, along with effective enforcement measures to safeguard and encourage compliance. The draft regulations will ensure that the UK maintains some of the strictest air quality for shipping anywhere in the world, which will of course protect public health and the environment. The Government have made it clear that air quality is one of our top priorities.

The regulations help deliver on the commitments made in Maritime 2050 and our route map for sustainable maritime transport, the clean maritime plan. They will ensure that we enforce the standards we agree at the IMO and I commend them to the Committee.

--- Later in debate ---

[Robert Courts]

It is a great pleasure to hear the points made by hon. Members. I appreciate the broad support that is being expressed for the draft statutory instrument and the points made, all of which are excellent. In broad terms, air quality is a huge priority for the Government, as it is for hon. Members throughout the House, and through the legislation we are ensuring that we remain fully aligned with the latest environmental emissions regulations. We are working towards delivering our own commitments for sustainable maritime transport, which I will turn to in a second.

On the specific points raised, I will start with those from the hon. Member for Cardiff West, who asked about the enforcement of the existing regime. I will give him some detail on how that works. Currently, there are civil-only sanctions. We are introducing some criminal sanctions in these regulations. Civil sanctions can, at present, be used under the Merchant Shipping (Port State Control) Regulations 2011. Ship inspectors, as I outlined at the beginning of the debate, can record a deficiency, and they have a range of powers temporarily to detain a vessel, order a ship to de-bunker if it is using non-compliant fuel, and deny access to UK ports and anchorages. Those are carried out by local inspectors. I would have to go back to the MCA to see if it has a record. I am very happy to do that, I undertake to do so and to write to the hon. Gentleman and the Committee.

I think the hon. Gentleman is essentially asking how often the existing powers have been used, and, if not much, why we need extra. It is a perfectly reasonable point. The reason is that civil sanctions can only be applied to ships when in port or at anchor. It would not be possible to apply civil sanctions retrospectively on a vessel that has left UK waters or on the foreign-registered company operating the vessel. We are taking some additional powers not so much to beef up the existing powers, but to slightly broaden them. It is particularly the foreign-registered vessel that the hon. Gentleman might be interested in. We are taking a wider environmental remit, regardless of how often we have used the existing powers. I hope that explanation will help to allay his quite understandable concern about why we are seeking additional powers. The civil sanctions replaced by a criminal sanction is particularly important.

The hon. Gentleman asked about resources. With the new regulations, it will be possible to use the criminal justice system—the courts—to impose the fines or deal with existing contraventions. Enforcement action by the MCA through the courts is extremely rare, but as I outlined at the beginning, because it is very rare, we would expect existing resources to be adequate to deal with any demand. The ability to impose fines has an important deterrent effect, particularly for foreign-registered vessels in UK waters, whether they are transiting, in port or at anchor, and particularly those which are persistent offenders. There is clearly a deterrent effect if we have the ability to impose a fine, which we currently do not have. I understand and would expect any such enforcement action to be very rare and for the cost to be met within existing budgets. I hope that gives the hon. Gentleman a little more detail.

[Kevin Brennan]

I am grateful to the Minister for that explanation, but I am none the clearer on how likely the provision is to be needed. If there is a deterrent effect on something, we do not know how often it happens. I would welcome further information, although I understand that he cannot give us that now.

[Robert Courts]

That is a reasonable and pertinent question. I undertake to go away and make the enquiries, and to write to the hon. Gentleman and the Committee with further detail. He tempts me to pick up my crystal ball, but it is of course impossible to judge how likely it is that any powers would be used. I understand that such enforcement action is extremely rare, but I appreciate that one person’s definition of extremely rare may be different from another’s. I will look for the information. In any event, having the ability to take the stronger powers would make the requirement to exercise them less rather than more likely, but I will certainly go away and look at that.

The hon. Gentleman raised some other points—broadly, what else are we doing? I do not want to stray too far into a wider clean maritime debate. This is London International Shipping Week, which the hon. Member for Wythenshawe and Sale East rightly drew attention to. There are a number of aspects to that, including the clean maritime demonstration competition, which is a £20 million fund and one of the largest such funds that the Department has announced. The competition is directly relevant to some of the technologies we are discussing in these regulations, and we will be announcing the winners this week.

Later today, I will be opening the new cruise terminal at Southampton port, which has shore power. That means that cruise ships can plug in and do not need to have their generators running in port, which will help with carbon dioxide, sulphur oxide and particulate emissions, as well as other emissions, and will take us a step forward.

Earlier this week, we announced that we will be pushing for a zero emissions target for international shipping at the IMO. We will be challenging the international community collectively. The hon. Member for Cardiff West asked me what the UK is doing to push this forward; that is what we are doing, and it was announced a couple of days ago. We are pushing the international community to deliver a Paris-compliant outcome when the IMO renegotiates its strategy for climate change in 2023. So, that is our international work.

Domestically, we continue to make good progress on the commitments that we set out in the clean maritime plan, which was drawn up in 2019. We have provided £1.4 million of funding for a competition for innovation in clean maritime through Maritime Research and Innovation UK, a research agency. We have established the marine emissions reduction advisory service as a function of the Maritime and Coastguard Agency. We have undertaken research considering the role of maritime clusters onshore, which are companies in a certain area delivering clean innovation and growth. We are exploring the inclusion of maritime elements in the renewable transport fuel obligation as part of a public consultation.

We have built on the clean maritime plan itself. We had the Prime Minister’s 10-point plan in November 2020. We have had the clean maritime demonstration competition, which I referred to earlier, and we will have the results of that later this week. Overarching all this is the transport decarbonisation plan, building on the clean maritime plan and developing our plans to navigate this tricky-to-decarbonise sector, all the way to net zero. There will be a series of consultations in the coming years as we build towards that.

I apologise for not mentioning before now the hon. Member for Gordon, but I think I have addressed some of his points. I am conscious that he raised points similar to those raised by other Members, and I hope I have answered them.

It has been a real pleasure to discuss the issues raised in the debate. As the hon. Member for Wythenshawe and Sale East and I have said, this is the right week to be discussing the subject, as it is London International Shipping Week, the industry event that showcases the important role of the sector globally and here in the UK. That is never more important than while we are still in this pandemic, and it is a timely reminder of how critical the sector is in keeping us all supplied. I know the whole Committee will join me in paying tribute to all those in the maritime sector, who have been unsung heroes, keeping us supplied and fed, sometimes in difficult personal circumstances, throughout the last two years. I know the Committee will join me in thanking them sincerely for that.

I hope the Committee has found the debate interesting and informative, and that it will join me in supporting the regulations.

Question put and agreed to.