Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL]

Committee (1st Day)

Northern Ireland legislative consent sought.

Amendment 1

Moved by

1: Before Clause 1, insert the following new Clause— “Purpose(1) The purpose of this Act is to—(a) promote the international competitiveness of the United Kingdom aviation sector;(b) support economic growth in that sector;(c) protect the rights and interests of consumers of air transport and airport services.(2) The Secretary of State must, in taking any actions under the provisions of this Act, have regard to this purpose.”Member’s explanatory statement This amendment inserts a purpose clause into the Bill requiring the Secretary of State and the CAA to have regard to the promotion of the international competitiveness of the United Kingdom aviation sector and economic growth in that sector.

My Lords, this Bill represents and achieves an astonishing transfer of power away from Parliament and away from the scrutiny that your Lordships and Members of the other place have customarily brought to regulation and legislation pertaining to the field of civil aviation. Some of this is a necessary transfer of power to the Minister since we have left the European Union. One bears in mind that much of the regulation in the field of consumer protection was made by the European Union, but that is no longer the case and any changes that we might want to make to it now need to be made by a different mechanism. This Bill provides that mechanism, but it does so in a way that is not adequately scrutinised by Parliament. The Bill does other things, one of which is that it makes a massive and unprecedented transfer of power to the Civil Aviation Authority. We will discuss that in a later group and we will want to probe it, because it will be wholly outside the remit of parliamentary scrutiny.

Those are the key constitutional and legal issues, it seems to me, at the heart of the Bill and we must probe them forcefully, even though I completely understand that other noble Lords will bring forward particular measures that they feel would improve the operation of civil aviation. Those are, for the purposes of this Bill, secondary, because the intention is that this Bill does not make those decisions; it is to provide a framework to allow them to be made by other routes. The crucial thing is ensuring that those other routes are under proper parliamentary control.

My Amendment 1 would insert a purpose clause. I know that Governments do not particularly like purpose clauses; they do not want to disclose to the rest of the world and to Parliament what they are actually trying to achieve with a piece of legislation. None the less, I put one in to probe the Government on what they are trying to achieve with this. The Government’s own impact assessment says that the Bill is designed to

My Lords, I will speak to Amendment 113. It has been on a bit of a circuitous tour of groupings, but I am pleased to say that it is back in group 1. I declare my membership of the Aircraft Owners and Pilots Association. I am vice-president, and I apologise for not mentioning that at Second Reading.

My Amendment 113 is very clear. It seeks to require the Secretary of State and the Civil Aviation Authority, when exercising functions under this Act, to

“have regard to the need to promote and encourage general aviation”.

To achieve this, the Secretary of State and the Civil Aviation Authority

“must consult such persons representing general aviation as they consider appropriate”.

Given the importance of the general aviation community within the UK aviation sector, one would have thought that it would have at least merited an appearance in the Bill, but no. There is not even the tiniest of mentions.

The Minister will recall that, at Second Reading, my noble friend Lord Kirkhope and I spoke passionately about the relevance of general aviation. I even asked questions of the Minister, to which his response was:

“The noble Lord, Lord Davies of Gower, asked about general aviation. This Government support general aviation. They see the connection, particularly with training pilots and so forth, and will continue to maintain their interest in general aviation. They note the importance of general aviation in airspace modernisation and will continue to consult it”.—[Official Report, 2/6/26; col. 827.]

I was very grateful for that short response. However, I am not persuaded as to how this will be achieved. Indeed, it takes two to tango, and I am not currently convinced that, for general aviation, what is on offer at present sufficiently demonstrates that the DfT and the CAA are willing dancing partners.

My Lords, I start with an apology. I could not be here for Second Reading because I was gale-bound on the Isles of Scilly due to the failure of the air services. Therefore, it seems an appropriate time to look at the whole subject of general aviation, as the noble Lord, Lord Davies, said, to see what can be done. I have been lobbying hard for improved navigation and improved services to the Isles of Scilly, where I live most of the time, for about 10 years; I shall come to that in later amendments. It is 10 years since we left Europe with Brexit and cancelled our membership of EGNOS, which I shall come to later.

It is important that general aviation is included in the Bill, and I support much of what the noble Lords, Lord Davies and Lord Moylan, have said. I am not sure about the European Union amendment, but we will come on to that later. It is worth reminding ourselves that the long title of this Bill says that it is to:

“Make provision for the protection of purchasers and users of air transport and airport services”,

and it then mentions

“air traffic and air navigation services”,

all of which are part of general aviation, just as much as they are part of the rest of the aviation world. It is right to have something at the start of the Bill which demonstrates that this is an important subject which needs full consideration.

Much of what is in the Bill is really good, but, as the noble Lord, Lord Davies, said, all the issues relating to general aviation need discussing, such as training, access to small airfields—on the islands or different parts of the country—and how things compare with what has been going on in Europe. I support the amendment from the noble Lord, Lord Davies, and certainly part of the amendments from the noble Lord, Lord Moylan, and look forward to discussing these issues more in subsequent amendments.

My Lords, I declare my interest, as set out in the register, as non-executive chair of RVL Aviation. I strongly support the purpose clause which my noble friend Lord Moylan has set out because I think most of the discussion on the other amendments will look at passengers by talking about airlines and concentrating on the experience of passengers. I draw attention to the fact that his Amendment 1 also talks about the international competitiveness of the sector, economic growth and the rights of those who purchase air transport services. My understanding of his amendment and of Clause 1 is that the definition of air transport services is not just passengers but those people who purchase freight and cargo services. I see the Minister is nodding assent.

That is important because it is critical to the growth of the economy. Air freight accounts for over 40% of non-EU trade by value, even though it is only about 1% of freight by volume. That is incredibly important to the overall economy, especially for some sectors, such as pharmaceuticals and high-end manufacturing, where we are particularly competitive, and it contributes to our balance of payments. An amendment that means that Ministers, when making regulations, have to ensure that our international trade remains competitive would be extremely valuable.

That is important, because the conversation about rights and the regulatory burden on airlines is often had while not thinking about the cost of those regulations. It does not mean that you do not make regulations if they have a cost; it just means that when you think about regulating, you have to think about the cost, look at the benefit and balance those two things. You also have to look at them cumulatively. My noble friend Lord Moylan touched on that when he talked about the Government’s target to reduce the cost of administrative burdens by 25% over this Parliament.

It is worth putting on the record—this is why the competitiveness of the sector is important—that overall, in 2024, European airlines had a net profit margin of around 3.9%. They are also expected, once all the results are in, to have had a net profit margin of around 4.4% in 2025, with a profit per passenger of around $8 or $9. I accept that that varies hugely by carrier, but it means that we have to think carefully about the costs that we load on to the industry so that we ensure that it remains competitive for both freight and passengers.

Does my noble friend agree that, as the European Union has said, for European airlines the cost of regulation to date is approximately €8 per ticket?

I note that point; it is important when you look at the margins. It is clear that relatively small changes to the regulatory burden will have a direct impact. Businesses with relatively low margins have a relatively low ability to absorb those extra costs, which means that they flow through on to ticket prices and fall on passengers and those who use freight services. The briefing from Airlines UK, which I suspect all Members have received, makes the point that the cost remains the single biggest barrier to flying, which is why it is important that we keep the cost burden as low as we can. Pricing people out of flying is not, ultimately, very sensible.

Let me touch briefly on the other amendments tabled by my noble friend Lord Moylan. Amendment 23 is specifically about the desirability of promoting economic growth. The Minister was nodding but it would be helpful if, when he responds, he sets out that that encompasses not just passenger transport but freight providers. A significant amount of freight goes in the belly of passenger planes, of course, so those two services are absolutely interconnected. It would be helpful if the Minister could confirm that.

On Amendment 24, I strongly agree with my noble friend. This seems a very unobjectionable amendment to me. In effect, it would ensure that Ministers have to be transparent. It would not mean that they could not align our regulations with those in the European Union, but it would mean that they have to think about why they are doing it first. It would also mean them having to set out their rationale for us all to see and having to be transparent about the costs and benefits of doing so. There may be good reasons why we may wish for our rules to be aligned with those in the EU, in which case Ministers should have no problem with setting out the rationale for doing so and why they have decided to make the changes that they have, so that we can all see them.

I agree with my noble friend Lord Moylan that what we do not want is an automatic, knee-jerk approach where, as soon as the European Union changes its rules, we assume that we have to change ours as well, even if we are not clear about the benefits and costs of doing so. This is a transparency measure, basically, and I cannot think of a good reason why the Minister could not accept it—or why, if he does not think that it is drafted well enough, he could not come back on Report with a similar amendment of his own.

My Lords, I start with a couple of declarations of interest. I am a current pilot of light aircraft. I also own and operate an aircraft and am a member of the Light Aircraft Association, and I have worked and continue to work extensively in the civil aerospace, defence and related fields, supporting those industries. Many decades ago, I was a Minister for Aviation. There are no new issues, perhaps, apart from the effects of withdrawal from the European Union 10 years ago. I sympathise and empathise with the Minister, and I shall of course be very supportive.

At this point, I would just like to make two points, or perhaps three. First, I apologise to the Committee for my absence at Second Reading. However, as I was not a Member of the House of Lords at the time, perhaps the Committee will excuse me and allow me to speak.

I make what is perhaps a rather generic point at the outset. We are considering important affairs with this Bill. The UK has a strong reputation for regulation in the aviation sector, with the reputation of the Civil Aviation Authority being very high in the UK and internationally. Of course, aviation is an international activity and I think that we need to tread extremely carefully when it comes to regulation in this field. Yes, when I was in government there was a transfer of competence, in the technical sense of that term, to the Commission and of course, since that position has been reversed, there has been a transfer of competence, again in the technical sense of the term, back. But we have tremendous skill in aviation regulation in this country and we need to be extraordinarily cautious when looking at such issues as design of aerospace and others. The law of unintended consequences is at play.

On a specific point, relating to my noble friend Lord Davies of Gower’s amendment, there is a curious grouping of general aviation with the overall purpose of the Bill. Notwithstanding that, we have a strong GA sector in this country, despite the costs of operating in the UK and despite the weather that we deal with here. General aviation is important; it is not always the highest-profile issue to government and regulators, but it is important. It is important on its own merits and important as a feeder of pilots, skills and engineers into the broader sector. If we lose or damage that, it will be very difficult indeed to recover.

My Lords, this is Committee and I do not wish to talk about amendments that will come later, but I want to support my noble friend Lord Davies as another pilot and the honorary vice-president of BALPA.

I raised general aviation with him at Second Reading and I am waiting for answers from the Minister. There will be a specific amendment a little later in today’s proceedings, and I hope my colleagues who have spoken so far on general aviation will be here later to join me when we get to it. In the meantime, I fully support Amendment 113 and look forward to the Minister’s response to my noble friend.

My Lords, I support the amendments from my noble friends Lord Moylan and Lord Davies of Gower. This is not a failing market. This is a highly competitive environment, where both domestic and international competition are working aggressively to make it a challenge to run an airline or a freight airline in today’s world.

The need for extensive government regulation, therefore, is limited and questionable. We are not trying to solve a massive problem. There are, of course, specific issues. We will hear more, for example, about disability rights, where, yes, of course we should make sure that airport operators in particular deliver the right environment for disabled people. But first and foremost, we must ensure that the Government do not interfere in this marketplace in a way that damages the competitiveness of one of the UK’s most important economic sectors. That is why my noble friend Lord Moylan is absolutely right. As we go through this debate—not simply on these amendments but on the Bill as a whole—the Minister needs constantly to have in mind the need not to cramp the style of our sector by overregulation, and, where he is regulating, to explain why, otherwise he will not have the support of this Committee.

Finally, on general aviation, the comments made so far are absolutely right. There is a genuine issue around the future of general aviation—the loss of smaller airports, for example, to planning pressures and planning opportunities, and those who own them trying to make money out of them. General aviation needs to be looked after in this country because at a time when, as we hear, there is a growing shortage of young up-and-coming pilots, general aviation is an essential way of developing the skills that we need for the future. It is not simply a way for a few rich people to have a good time.

My Lords, Amendment 1 and Amendments 23, 24 and 25 are in the name of the noble Lord, Lord Moylan. As we noted previously, the Bill sets out the framework but leaves a great deal of detail to be determined later, so we welcome these amendments. We have consistently argued that such an approach risks leaving both passengers and Parliament with too little certainty about how the regime will operate in practice. We see these amendments as useful in probing how that framework might be strengthened.

Amendment 1 raises an important issue around transparency and consumer protection: the case for clearer comparable information at the point of sale. In our view, it should be pursued and I look forward to discussing my noble friend Lord Russell’s amendment, which aims to strengthen the Bill in this area, in the next group.

Equally, how compensation is delivered remains a live and important concern. The current system too often places the burden on passengers to navigate complex processes to secure redress. I say to the noble Lord, Lord Harper—I am sure we will keep coming back to this issue of a low-margin industry—that a different way of viewing this is that if £1 million is not returned to a whole group of consumers by a low-budget airline over a long period, it is, in effect, using families who cannot afford it, or can ill afford it, almost as an overdraft facility with no interest. Getting the balance right on that will be important as we investigate some of the amendments and get into the detail.

On Amendments 23, 24 and 25, we find ourselves in close alignment with the noble Lord, Lord Moylan. As the Bill proposes to confer significant new functions on the Civil Aviation Authority, it is right to consider how those powers are to be exercised and scrutinised. A more centralised regulatory role must not come at the expense of transparency, or indeed parliamentary oversight. The noble Lord and I have discussed this issue, which is that unless there is a threat, with teeth, to move a fatal Motion on a piece of secondary legislation, there is a tendency for Governments to plough on regardless—also regardless of previous colours, I would just say. If we are concerned about secondary legislation—and we are concerned about this—there needs to be clarity about what we would do with it. I hope we can get into some of the detail on that.

My Lords, I will stay on group 1, on growth and competitiveness. I will just add a brief word endorsing the comments of my colleagues on this side of the Room: whatever decisions we come to on detailed changes to legislation in this Committee, we need to remember that we are part of international law. We comply with the Montreal and Chicago conventions, and we comply with all the rules covered by IATA and ICAO, so whatever we do cannot be done in isolation—whichever area we debate and come to conclusions on over the next couple of days. I just say to my noble friends and the Minister that this has to be at the back of our minds when we determine anything that we do. What we should not do is come to conclusions whereby we end up putting through regulations that are wholly anti-competitive for the UK airline industry and not compatible either to third-country carriers who come to the UK, as we do not have, in most cases, any extra territoriality rights to impose certain rules or regulations. I just say that as a thought, and I am sure we will have very interesting debates on the amendments laid down.