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

Sam Tarry Excerpts

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

[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.

--- Later in debate ---

[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.