Draft General Aviation (Persons on Board, Flight Information and Civil Penalties) Regulations 2024

Tom Pursglove Excerpts

Tuesday 5th March 2024 General Committees

[The Minister for Legal Migration and the Border (Tom Pursglove)]

I beg to move,

That the Committee has considered the draft General Aviation (Persons on Board, Flight Information and Civil Penalties) Regulations 2024.

It is a pleasure to serve under your chairmanship, Dr Huq. The purpose of the regulations, which were laid under sections 27BA and 27BB(6) of schedule 2 to the Immigration Act 1971 and section 32B(6)(b) of the Immigration, Asylum and Nationality Act 2006, is to require owners, agents or captains of international general aviation flights to submit information about the flight and the persons on board online and in advance of the flight. General aviation flights are those that do not operate to a schedule. They include large commercially operated business jets, air taxis and private pilots in light aircraft. The regulations also amend the Passenger, Crew and Service Information (Civil Penalties) Regulations 2015, thereby making a failure to comply with the requirements of the new regulations liable to a civil penalty of up to £10,000.

The safety and security of our citizens is the Government’s top priority. We are committed to implementing resilient border security processes for all modes of international transport for counter-terrorism, policing and immigration purposes. A key part of our border security strategy is the ability to know who is travelling or intending to travel to and from the UK’s border before they arrive or depart. Through the provision of advance passenger information, known as API, our border officers can quickly determine who does and does not pose a threat to the UK or to UK interests and, importantly, prevent travel in accordance with the authority to carry scheme 2023.

All airlines that operate scheduled commercial international flights to and from the UK, apart from some flights within the common travel area, are required to provide API for all individuals on board their aircraft. In addition, all passengers who arrive on scheduled international flights are subject to full passport control checks at the border. Individuals who arrive in or leave the UK on international general aviation flights are not all subject to the same checks. They can arrive and depart at major airports where Border Force officers are located, but also at small airports with no permanent Border Force presence. Many international general aviation flights operate out of private airfields and landing strips where there is no permanent border control or police presence.

I reassure the Committee that all crew and passengers who arrive on international general aviation flights have their details checked. Border Force and the police use intelligence to address a series of security, policing, immigration and customs matters, then determine an appropriate operational response based on an assessment of the risk that each flight poses. That combination of intelligence assessment, expert judgment and spot checks means that we can provide an appropriate operational response.

The requirement to provide API forms a key part of our approach to managing international general aviation flights and the individuals on board. Currently, those who operate international general aviation flights are required to provide data in advance of departure for customs purposes and, on some routes, for security purposes, but they are not required to provide the information electronically in a way that enables law enforcement to process it efficiently.

To effectively assess the risk posed by individuals on board international general aviation flights, our border control authorities need not only to know who intends to travel in advance of their commencing their journey to or from the UK, but to receive the information in a way that supports effective processing to clear individuals who raise no concerns and to focus on subjects of interest. The submission of flight information, online and in advance, will allow Border Force and other law enforcement authorities to analyse and quantify the extent of the potential threat and level of risk. It will enhance automated checking and intelligence-led decision making to improve the effectiveness with which resources are deployed to meet flights.

Last April, the Home Office undertook an eight-week consultation, targeted at the general aviation sector, on regulations to require information about general aviation flights and persons on board to be submitted electronically in a manner that enables automated watchlisting. Respondents to the consultation understood the reasons for doing this, and most were supportive of the introduction of the regulations.

To be clear, the regulations will not require the provision of information over and above what is already required. They simply specify the manner in which the information must be supplied: it must be provided online. Already more than 50% of submissions are made electronically, and the regulations will have no impact them. For the pilots and operators who submit their flight information via email, or even fax, there will be a small impact. Border Force has introduced the free-to-use web service “Submit a General Aviation Report”, hosted on gov.uk, which general aviation owners, agents or captains can use to comply with the regulations.

For individuals arriving and departing in private aircraft, the requirements reflect and support the Government’s intention to have a fully digitised border system and allow us to know about and have control over who is travelling to, entering and leaving the UK. The draft regulations will ensure that information about general aviation flights and the people on board is submitted consistently, meaning that Border Force will be able to better assess any risks.

The Government recognise the significant economic benefit that the general aviation sector provides to the country and that the majority of owners, agents or captains make available to border authorities and the police information about their international flights and the people on board. The changes are a necessary and proportionate step in our continuing efforts to secure the border and keep our country safe. I commend the regulations to the Committee.

--- Later in debate ---

[Tom Pursglove]

I appreciate the broad support for the measure from colleagues from across the Committee. On the point about year-to-year staffing in Border Force, I will happily write to the hon. Member for Enfield North with that information. It is worth saying that there is a degree of day-to-day flexibility, in operational terms, around the work of Border Force. Staff are surged in to deal with particular and competing pressures. This really goes to the heart of why the change we seek to introduce today is so important, because it will help us to respond operationally to the challenges of general aviation in a more targeted way. Where there are no risks or low risks, that can be dealt with accordingly, and we can then channel greater resource at dealing with higher-risk general aviation matters. That goes to the heart of what we seek to achieve. I will happily provide the hon. Lady with the information.

On the question about the former chief inspector of borders and immigration and the meeting that was organised with me, I had accepted that meeting as a matter of priority. It was organised but did not go ahead because of the information that was supplied to journalists. As I have said now several times in the House, that was done outside the proper process and was not respectful of the confidentiality requirements associated with such reports. The Home Secretary had been very clear with Mr Neal, as had I and the Minister for Countering Illegal Migration, that we would respond to the outstanding reports as a priority. We have now subsequently seen, as a House, the way in which we have gone about that.

I also refer the Committee to the commitment I made yesterday that the report on general aviation relating to London City airport will be responded to in the proper way within eight weeks. I undertake to make that commitment again today. I do not intend to deal with that report in a piecemeal manner. It is important that we have the chance to reflect properly on Mr Neal’s recommendations and the statistics included, with proper assurance and fact checking, and are able to respond in the usual way to the recommendations, but that will be done in a timely way. I give that undertaking again to the Committee.

It is important to say that there is no change to what is required in terms of the information that people are asked to provide. What is different is the manner and the way in which we are asking for it to be presented, through the online means, which will ensure that, for the reasons I touched on earlier, we are better able to respond to risk and to be in receipt of that information in a more timely and co-ordinated way. That should, of course, help to manage border security challenges more effectively.

On the point about the maximum penalty level, the figure is up to £10,000. That was adopted in 2015 as an appropriate and proportionate level, and we will keep the number and level of penalties under close review. It is important to recognise that there is a graduated approach. I hope that we do not have to resort to using the penalties, because I hope that people will want to engage properly with the process, recognising the imperative of ensuring our border security, but there is a graduated approach and we will keep the level of the penalty under review.

[Alison Thewliss]

I thank the Minister for that clarification. Why is it being levelled particularly at the pilot, rather than at the person who chartered the plane or the person who owns it?

[Tom Pursglove]

The reason is that there is clear accountability around an individual piloting a plane. The hon. Lady will appreciate that the legislation is relevant to a number of different types of individuals or operators, right the way through from individual private pilots to small businesses that fly people around. There is an obvious, clear line of accountability and sight when it comes to the way in which the penalty is issued and subsequently levied.

The hon. Lady was right to ask her fair and legitimate question about consultation and engagement. The Home Office has a good working relationship with representatives of the leisure and business general aviation sectors. Regular meetings are held, and invitees include the British Business and General Aviation Association, the Light Aircraft Association and the Aircraft Owners and Pilots Association.

To support the launch of the regulations, the Home Office has planned a comms campaign to ensure that all general aviation operators, agents or captains are aware of the changes that will come into force on 6 April, and the underpinning civil penalty regime, which we anticipate starting by the middle of February. It will consist of detailed guidance as well as high-level top lines that can be included in GA publications or mailshots. We will keep under review what more we can do to try to help to generate awareness, which is important because we want people to be compliant. In fact, I would go as far as saying that I want people to provide the data that is being asked of them, rather than having to resort to fines and extracting money from them for non-compliance.

On the related issue of compliance monitoring, the civil penalty regime will be applied consistently across all Border Force regions. To ensure that that happens, comprehensive guidance will be provided to all frontline Border Force officers. Each region will have a single point of contact for officers to approach regarding the process. In the event that a breach is identified, the GA owner, agent or captain will be served with an initial notice of potential liability setting out the breach that has occurred. The notice will then be reviewed by a central Border Force team, which will make the final determination on whether there is a liability, at which point the penalty notice will be served.

Understandably, there were also questions about what more we can do to try to improve the situation when it comes to the security of our border and the approach in relation to general aviation. Working with His Majesty’s Revenue and Customs, the Home Office has reduced the number of airfields into which an international GA flight can arrive, from more than 3,000 to 400. That is a result of the UK’s departure from the European Union, which has meant that to continue to receive international flights airfields have had to apply for a certificate of agreement. That is another significant step taken to manage the risk posed by GA flights, and it means that 16% of the GB aerodromes total will be approved to handle CTA and international flights from 1 January 2024, so that change has come about. The remaining 84% of aerodromes will be classed as undesignated and restricted to domestic movements only, which is helpful when it comes to being able to surge our Border Force resources to respond to issues and ensure we have the appropriate oversight of general aviation.

On the point about what is required, it is worth saying that more than 50% of the general aviation sector submits information using online methods. There will be no change and no impact for those people, as they are already complying. Yes, for those who submit via email, or even by fax, there will be a change, but we consider that to be a small change in behaviour and have provided a free-to-use web service through which to submit information, with a view to making it as easy as possible. The Home Office has drafted guidance for the sector that will be published in advance of the regulations coming into force. That will give the sector adequate time to understand its obligations and the penalties should it fail to comply.

A question was asked, understandably, about the speed at which and the timetable by which the reform is being brought to fruition. It is worth saying that this change has been in the making for some time; I am pleased that we are now bringing it forward. In saying that, it is worth making the point that this change is not related to the ICIBI report, in the sense that we have only just received that report and I will respond to it within eight weeks. This workstream has been ongoing for some considerable time in advance of that. We have not long been in receipt of the ICIBI report.

A point was made about a willingness to be scrutinised in relation to general aviation. I have said this in the House before, but it bears repeating: this was an area in relation to which senior leadership in the Home Office, on the officials side, had invited scrutiny from the ICIBI. Far from trying to be evasive on the issue of general aviation, there is most definitely a willingness to look carefully at it. There is most definitely a willingness to learn. There is always an opportunity to get ahead and advance recommendations in responding to them and getting on and doing the work ahead of publication. I want to do this work properly. I want to provide greater detail to the House, and to people further afield, about that report, by responding to it properly in the usual way, with proper responses to the recommendations, but I give an undertaking to do that in a timely way. We treat this issue with the utmost seriousness.

Question put and agreed to.