Air Traffic Management and Unmanned Aircraft Bill [Lords]

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 has 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.

Before I call Mr Kane, let me say that some very sad news has broken that Captain Sir Tom Moore has sadly died. On behalf of the House of Commons, can I pass on our deepest condolences to his family? He brought joy to the nation. He was an inspiration to everybody in this country, and his achievement was properly recognised by a knighthood, which was movingly presented by Her Majesty the Queen in person at a special ceremony. I know that the entire nation will mourn his passing.

Mr Deputy Speaker, that is very sad news indeed. Some people are born great, some people achieve greatness, and some have greatness thrust upon them. I think Sir Tom was probably all three of those things; I am sure the Minister will concur when he comes back to the Dispatch Box a little later. He was an inspiration to the whole nation at a time of crisis, and a real candle in the gloom for the British people. I wholeheartedly concur with your comments, Mr Deputy Speaker.

It is great that you are chairing this debate, Mr Deputy Speaker, because I know personally of your aviation expertise. You have been a great support to me, as the constituency MP for Manchester airport over the years, as I chaired the friends of Manchester airport group. I have been genuinely grateful for all your help throughout that time.

Turning to the matter at hand, I must first thank Members of the other place for their tireless and diligent work in getting this important Bill through to this stage. It was certainly a long process there, but we can all largely agree that it was well worth it in the end. As the Minister has said, the Bill will grant the Government powers to modernise UK airspace, update the licensing of air traffic control and give police new powers over the misuse of drones. Those three areas have all been in need of updating in recent years, so I am pleased to support the Bill’s Second Reading today and look forward to it completing its remaining stages.

I share the Minister’s ambition for airspace modernisation. The country has essentially been managing its airspace with analogue technology from the previous century, with piecemeal updates as demand ballooned over the past few decades—an analogue system in a digital age.

I commend the Civil Aviation Authority, which is nearing its 50th anniversary, for everything it has done and continues to do to maintain exemplary safety standards in the sector, such that, as the now clichéd line goes, the riskiest part of flying has become going to and from the airport. Our creaking airspace management has many inefficiencies, most importantly constraints on the volume of flights and needless burning of extra fuel as jets circle round and round before landing. Clearly, few of us need convincing that modernising the airspace should be a priority, and the Bill provides the Department for Transport with powers to ensure that that happens. I fully support that principle.

I am very pleased to be able to speak on this Bill, because London Luton airport employs a great number of my constituents. The town of Leighton Buzzard and the villages of Heath and Reach, Billington, Stanbridge, Tilsworth, Eaton Bray and, in particular, Whipsnade, Studham and Kensworth are all overflown by planes coming in to land at London Luton airport. Indeed, I see them from my garden. I was delighted to learn on Friday that London Luton airport is able to claim up to £8 million from the airport and ground operations support scheme. That is much needed and very good news for our area.

I initiated the Westminster Hall debate on the work of the Jet Zero Council on 14 October last year. It was during my research for that debate that I realised the contribution of airspace modernisation to the reduction of greenhouse gas emissions from aviation. I met the Airspace Change Organising Group, which first alerted me to the fact that flightpaths are now part of our critical national infrastructure and are, as the Minister said, highways in the sky. However, I would be grateful if he can confirm that the ACOG will get the money it needs to finish the job. I think the matter may be with our friends at the Treasury, and if he wants some assistance with that, I am sure that we would all be delighted to give him a hand.

If we get airspace change right, there are huge benefits to be realised. As the Minister said, aircraft frequently fly further than necessary on routes that follow sub-optimal climb and descent profiles, burning more fuel and creating additional greenhouse gas emissions. The environmental benefits of getting this right are enormous. Aircraft will be able to fly more direct routes, with quicker climbs to energy-efficient cruising altitudes and later descents to help to reduce emissions as well as provide opportunities to reduce the noise footprint on the ground. That will be hugely welcomed by many of my constituents, as indeed will the work of Dame Ann Dowling’s silent aircraft initiative in Cambridge.

On behalf of the SNP, I very much echo the comments about Captain Sir Tom Moore. He led an extraordinary life with an absolutely wonderful finale, and his work over this past year will never be forgotten. I send my condolences to his family and friends.

I welcome the fact that the legislation to put airspace change and modernisation on a statutory footing is finally before us, and I agree with any extension of the 80/20 slots rule as well. I would prefer it, however, if other factors such as employment conditions were also used as criteria when allocating slots. I also welcome the increase in powers for the police and prison officers to tackle drone flights. While drone supply flights into prisons are not currently a big problem in Scotland, the problem is growing, with more than half of Scottish prisons recording incidents involving drones, as well as evidence from the recovery of drug packages that other flights are going undetected.

The carnage caused by drug addiction in wider society is magnified still further in prison. Drone technology has allowed those who profit from this misery to evade security measures in our prisons, so giving the police and prison authorities the power to intervene and stop the supply at its source is a welcome development that will receive approval from the Scottish Parliament after Royal Assent. I also hope there will be improved investment for police forces and the Prison Service in England and Wales, to allow them to use these powers properly and proportionately, and allowing Scotland the Barnett consequentials to make the same investment.

The flipside of the harmful use of drones is their positive use in logistics and distribution if properly managed and regulated, and I hope that the Bill will do just that. AGS Airports, which owns and manages Glasgow airport in my constituency, along with Aberdeen and Southampton airports, is leading a consortium that will develop and trial what will be the UK’s first national distribution network to use drones to transport essential medicines, blood, organs and other medical supplies throughout Scotland. The consortium of 14 organisations, including the University of Strathclyde, NATS and Connected Places Catapult, has secured £1.5 million from the industrial strategy future flight challenge fund to demonstrate how autonomous drone technology can enhance access to essential medical supplies, particularly in rural parts of Scotland.

I am pleased to follow the hon. Member for Paisley and Renfrewshire North (Gavin Newlands), and I welcome his support for this Bill. I start by congratulating the Minister on his appointment to this important role, on his contribution this afternoon and on explaining so clearly the objectives of this necessary Bill.

Like many in the House, I welcome the objective of the Bill to update the legislative framework for the control of civilian UK airspace. Through the modernisation of airspace, we can reduce carbon emissions from aviation, reduce the impact of flightpaths and tackle the misuse of unmanned aircraft, such as drones. It is particularly fitting that after some years of delay, largely through the intervention of the general election in 2019, this Bill is being brought to the House on the very day that Professor Sir Partha Dasgupta publishes his seminal review on the economics of biodiversity.

Aviation plays a vital part in our economy, but it is crucial that we find a way to reduce its environmental impact. While that is not the primary purpose of the Bill, it is a necessary and fundamental ancillary benefit. Inefficient flightpaths set some decades ago will lead to longer travel times for passengers and freight traffic and therefore greater carbon dioxide emissions from flights. Airspace modernisation, if robust, can play a part in helping the UK meet our net zero obligations by 2050.

I want to use my brief contribution today to highlight the potential impact of flightpaths over those parts of our landmass that have a special place in nature and are designated as areas of special significance, including the national parks, areas of outstanding natural beauty and sites of special scientific interest. They are areas that we as a nation have designated as being of sufficient importance to warrant additional protection. It seems to me that when the impact of noise pollution is well known, we should ensure that such areas continue to be protected as much as possible through any changes to flightpaths.

Like you, Mr Deputy Speaker, I want to express my sadness at the loss of Captain Tom Moore and send my condolences to his family.

It is a privilege to follow the right hon. Member for Ludlow (Philip Dunne), who has campaigned so steadily on these issues to protect our environment.

Let me be clear. I welcome the aim of the Bill, which, as it states in the briefing, is

“to deliver quicker, quieter and cleaner journeys.”

Whether the Bill’s further aim of delivering more capacity is compatible with “quieter and cleaner journeys” has yet to be seen and yet to be proved. Assessing the past performance and the current practice of the aviation industry leads us to be extremely sceptical that the continued expansion of capacity will enable the aviation sector to be cleaner and quieter. As we hopefully bring the covid pandemic under control in the coming period, there is obviously an urgent need now to address the next imminent crisis, which is the existential threat of climate change. If the aviation industry is to play its part in tackling climate change, the Government must be equipped with the powers to drive through the necessary changes to aviation practices.

The Bill does take a first step in seeking those powers and I welcome it in that respect. The problem is that it is yet another piecemeal measure without the context of an overarching strategy for aviation to secure an economically and environmentally viable future for the industry. The Government promised they would publish, in 2020, an aviation White Paper, “Aviation 2050”, to spell out their views and plans for the future of aviation. I appreciate and understand why the impact of the covid crisis has delayed the White Paper—I am happy to cut the Government some slack on that one. However, we have also been repeatedly promised, since last March, that the Government would at least come forward with an interim sector strategy that would see the industry through the pandemic and lay the foundations for the future. It is disappointing that that has not been forthcoming. Instead, there has just been a steady drip of unco-ordinated announcements of short-term support schemes.

I express my condolences to Sir Tom Moore’s friends and family. He has been special in many ways, and a stellar example of how doing such an apparently small thing has influences that we could not possibly imagine.

This is Sedgefield calling Westminster control, and I apologise for not using my pilot’s headset, as you would prefer, Mr Deputy Speaker. As a private pilot, I guess I should declare an interest. I would like to take this opportunity to thank all who work in providing pilots with a safe space in which to operate. Their work is critical not only for pilots, but obviously for their passengers and those on the ground. I have to say that the chances of my flying in most of the airspace we are discussing is somewhere between nil and negligible, but I do retain hope.

I will consider the three parts of this Bill. On part 1, it makes eminent sense to me that there should be a single authority to force co-operation should the parties responsible for the management of airspace be unable to agree. The Secretary of State’s delegation to the CAA is an appropriate reference. Over the years, the geographical influence of the bigger airport corridors has evolved so that potential changes in one corridor are increasingly likely to have impacts on another. I know that when flying in the south-east, even as a recreational pilot, the airspace is increasingly restricted. The Bill gives the Transport Secretary new powers to ensure that airports modernise their airspace, with the power to fine those that do not implement changes quickly enough. I strongly believe that an absolute power to require the parties to progress collaboratively is wholly appropriate should it be required, but only when it is required.

Moving on to part 2, it is clear that anyone who observes traffic at the major airports is well aware of the congestion that can arise and the obvious desire to reduce the need to stack aircraft in a holding pattern awaiting landing, which is so obviously a waste of fuel and an environmentally unfriendly process. By modernising our airspace, we can reduce the time it takes for a plane to land, meaning we cut pollution, reduce noise nuisance for the communities below and reduce delays for passengers. With appropriate tools and systems, the integration of different classes of aviation also becomes much more achievable, which should promote efficiency for all classes without introducing safety concerns. There are many challenges for the air travel business in addressing its carbon footprint and making it possible for flights to have as little wasted time in the air as possible, and this is clearly a step in the right direction.

It is a pleasure to follow the hon. Member for Sedgefield (Paul Howell). It is with sadness that we hear of the passing of Sir Tom, and I pass on my condolences to the family at this time.

It is a pleasure to take part in this debate on the Air Traffic Management and Unmanned Aircraft Bill. At the outset, I would like to thank the Minister for the opportunity to be involved in two briefing sessions on this yesterday, which were extremely informative.

Since the 1950s, airspace changes have been made in an ad hoc and piecemeal fashion, with adjustments being made in response to the growth of traffic levels. Of course, that was pre covid-19, and this is seen as a fairly good time to make changes, when there is a reduction in the number of flights. That has resulted in various inefficiencies that have put constraints on the number of flights that our airspace can accommodate. Technical advances have made it possible to increase capacity, but unfortunately, they have not necessarily made their way through to the regulatory change that the Bill will enable.

In the past, aircraft have ended up circling over airports—stacking. Many of us have sat in planes that are circling, predominantly over the south-east of England, which is probably one of the most congested airspaces in the UK. That adds to the problems of pollution and noise pollution for local residents. This Bill is an opportunity to deal with some of those issues. I represent an area where there is some manufacturing relating to the airline industry. It is important that we encourage innovation and the delivery of improvements in that area. That has been going on, and it can be seen in the form of quieter and more efficient aircraft, which will benefit the environment and those areas that are affected.

I believe that this Bill will deliver quicker, quieter and cleaner journeys. It will also increase capacity and reduce the need for stacking over airports. I listened to some of the comments made earlier with great interest, especially those in relation to the opportunities that may exist for using satellite technology to direct planes. We should make better use of that. Such technology will help to ensure that planes are not burning fuel and that they are using the best routes. Because of technology, the separation that was added in a bygone age will not be necessary, and we should be progressing and moving on with that.

Included in the Bill are provisions to consult communities when airspace changes are being introduced. I welcome that and think that that is something that needs to be addressed. The Minister made reference to “ghost flights”, where people fly planes just for the sake of holding a slot. The flexibility that will be introduced in relation to this, at least until August 2024, is to ensure that we are not purposefully wasting fuel, causing additional costs to airlines. As a passenger, I know how important it is to ensure that passengers get the benefit of reduced flight costs if that is possible, but that is one of the add-ons that might take a while to work its way through. I appreciate that any advances in the reduction of running costs and such like will be of benefit to all.