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

Committee (2nd Day)

Northern Ireland legislative consent sought. Relevant document: 1st Report from the Delegated Powers Committee.

Clause 4: Directions about implementation

Amendment 60

Moved by

60: Clause 4, page 4, line 27, at end insert— “(aa) after subsection (6) insert—“(6A) Where the Secretary of State makes a direction under this section, the Secretary of State must first—(a) consult persons likely to be affected by the direction, including communities in the vicinity of any airport or airspace affected,(b) undertake an environmental impact assessment in respect of the proposed direction, and(c) undertake a noise impact assessment in respect of the proposed direction.”;”Member’s explanatory statement This amendment would require the Secretary of State to consult affected communities and complete environmental and noise impact assessments before making a direction under section 2 of the Air Traffic Management and Unmanned Aircraft Act 2021. It seeks to ensure that the exercise of the direction-making power is subject to scrutiny and community engagement.

My Lords, it is a pleasure to start the second day in Committee on this Bill. I open this group on airspace modernisation, consultation and charging and move Amendment 60 in the name of my noble friend Lady Grender, as she is unfortunately unable to be here today.

The amendment is straightforward and seeks simply to insert a new subsection requiring that, before the Secretary of State makes any directions under Clause 4, three things must happen: a consultation with persons and communities likely to be affected; an environmental impact assessment; and a noise impact assessment. On these Benches, we feel that these additions are a basic requirement of legitimate decision-making where the power may have serious local consequences. The Clause 4 directions on airspace redesign are not merely a technical tidying-up exercise and can be used to alter flight concentrations, runway throughput, and the intensity and timing of overflight experienced on the ground. A ministerial direction made under this clause is capable, in substance, of facilitating additional capacity without ever being labelled as such.

As was said at Second Reading, the Bill is a blueprint; it is not the final product. It provides a framework that leaves the substance to future regulation. In that sense, as we have described, it is paving legislation. The Committee is entitled to ask what safeguards are built into that paving before being asked to drive on it. The Minister has given us reassurances that the Bill will not be used as a vehicle for airport expansion; we note and welcome those, and we accept them in the good faith in which they have been given. However, personal reassurances, however well-meaning, are not a legal safeguard. Ministers change, Prime Ministers change, Governments change, and interpretations can also change. The whole point of us seeking to put this duty into the Bill is to ensure that Parliament and the public can distinguish between a necessary operational change and one that, in effect, delivers additional capacity through the back door of airspace decision-making. Without mandatory consultation and impact assessment, the distinction cannot be realistically made. Even if it could be made, it would happen only after the fact.

My Lords, I am grateful to the noble Earl, Lord Russell, for his comments on my Amendment 61. I will speak to it only briefly, because it is pretty self-explanatory.

The legislation rightly gives some power to the Government to intervene and, in effect, act as arbiter when it comes to airspace redesign. Airspace redesign has taken much too long. It started when I was Secretary of State and now, nearly eight years later, we are still not close to bringing it to fruition, yet it is fundamental to the future of the aviation sector in this country. It will unlock extra capacity and use next-generation technology to enable us to provide more respite to communities that are affected by aircraft noise, even though the level of aircraft noise, in the world in which we live, has dropped enormously over the past generation.

The Government rightly believe that they need some degree of arbiter powers in this, but I do not think that they should have those powers just to say, “Right, that’s the decision”. There is an obligation there—nothing at great length, because we know that government consultations can last for ever, take months to be responded to and all the rest, but with a simple process saying, “Look, that’s what we’re going to do. Is there anything we haven’t thought of? Is there something we’re not quite getting right here?” I say to the noble Lord, Lord Tunnicliffe, that the wording of the amendment is what it is, but I would expect pilots’ organisations, air traffic organisations and all the rest to be able to input a view on this point.

My Lords, I shall speak to Amendments 60 to 62; I express a specific concern in my Amendment 62. I thought that I knew about the technology in this debate until I decided to brush up on it yesterday; I have spent most of my working hours since then getting up to date, to some extent.

The essence of the technology, which would allow a much more holistic review of airspace use, is that it is dependent not on aids on the ground but on global positioning systems. That gives great benefits, in terms of what it does for aviation, but I put it to the Committee that it also gives great benefits to those who are concerned about the environmental impact. If your route does not fit with that bit of society and there is a route that can fit with that bit of society, then, with the overarching technology, it can be changed. Up to this point, changing where aeroplanes go close to the ground has been totally dominated by the ground-based aids that they use to land.

The essence of my amendment—as an ex-BALPA shop steward, I thought that I had better represent my old team—is to get pilots involved in this consultation. They are going to face dramatic differences. One of the first things that I would say relates to the point that the noble Lord, Lord Moylan, made the other day, which is that the planes can fly themselves. Normally, you have to drag the plane into the air then tell it to fly itself, and, when you get to the end, you actually have to make a few decisions. It is a very good theory; hopefully, when you press “flight nav” or something like that, that will happen.

The problem facing the modern pilot is that one of their most important tasks is to cope when there are system failures. There will be system failures. There are no big computer systems in the world that do not have system failures, as we all know to our cost. The problem is that the level of knowledge needed by the operative to cope with a system failure is very large but it is not often practised. It will, I am sure, follow the pilot’s standard of continuous checking. I have never flown an airplane with its engine on fire, but, when I was an airline pilot, I flew a plane with its engine on fire many times in a simulator. It was dramatic and great fun, but the whole essence here is that the systems delivering this will intrinsically and inevitably have failure modes early on. The crew are there to look after that, among all the other safety issues that they have to care about.

Broadly speaking, if you are flying a jet airliner, you do not see any other aeroplanes because the systems keep you that far apart. These new systems are designed to let aeroplanes fly safely but nevertheless much closer to one another. That is a key area of safety concern. We have to get right the interface between the human beings on board an aeroplane, the aeroplane and the routers, and only pilots can have that input. There will be some differences in the worlds of air traffic controllers and so on but, broadly speaking, their loads will be lightened because the routings of the aeroplanes will have been predetermined in setting up the system.

I am told that BALPA represents 85% of all pilots, so it is a useful shorthand. I am sure that advisers to the Minister will tell him that it is inadvisable to include a specific group, but I am sure we can find some words. Pilots need to be in that consultation. I take the point of the value of a short consultation but, inevitably, because this will be so new, it will affect people on the ground in different ways, so there must also be some capability for ongoing consultation so that responsible bodies with the power to change things have to listen to users, people on the ground and operators.

My Lords, I will speak to my Amendment 63. I thank the noble Earl for the excellent way in which he introduced the group and covered the amendments with such eloquence. This is a very straightforward amendment whose purpose is clear: to have an immutable cryptographic record of such important decisions. I agree entirely with the noble Earl. The blockchain reference is merely illustrative but it also shows the unfortunate speed that I was flying at when I was drafting. I would like to have set out criteria that any technology would need to meet to achieve the objectives in the amendment. That was the approach that we took in the Electronic Trade Documents Act, for example, when we specified no particular technology but set out a series of criteria that any technology would have to meet to be able to perform the task. If we can import that into our considerations of this amendment, that would get us pretty much to where I am at.

The point is that blockchain would more than suffice for the task. There is obviously a difference between blockchain and distributed ledger technologies, which we do not need to go into at this stage, but there are technologies that have not even come to fruition, never mind to a level of usability at this stage, which almost certainly will have a part to play in such illustrations as this. It is critical, though I failed in this amendment, to have technology neutrality, because through that technology neutrality you give yourself the best opportunity of having technology future-proofing. If the Minister could respond with those thoughts in mind, which are in the text but I wrote them in white ink on a white page, I would be obliged.

In proposing Amendment 65, I must declare again my interests as set out at Second Reading. I have held a private pilot’s licence for about 40 years now. I am an officer of the All-Party Parliamentary Group on General Aviation, and I am the author of its inquiry into our lower airspace that was conducted a year or two ago. I am honorary vice-president of the British Airline Pilots Association and a former airport director. In a way, I am looking at this subject from rather more than one perspective.

At Second Reading, I pressed the Minister on Clause 6, and, in particular, on the change it makes to who must pay for air traffic and air navigation services from

“operators or owners of aircraft”

to simply “persons”. I asked what lay behind this decision and whether it was prompted by newer developments such as drone delivery, and at that point I referred to the Minister nodding his head. I am afraid that perhaps I was taking too much on in assuming that the nod related to my remarks—I make no aspersions otherwise. I said then that the burden on general aviation ought to remain broadly where it sits today.

This amendment would require the Secretary of State and the authority in exercising their functions over these charges to have regard to two matters: the growth and sustainability of general aviation, and the desirability of ensuring that those carrying out general aviation activities do not pay charges disproportionate to the use they make of the services. Many of my colleagues here who have spoken earlier in these debates have indicated their interest in general aviation, so there are quite a lot of us around, but it is important that I explain to the Committee that general aviation means civil aviation other than commercial air transport. It includes gliders, light aeroplanes, microlights, and the private and training flights of which I spoke earlier. It is not airlines and it is not, as I shall come to say, drones. On the Government’s figures in their general aviation strategy, the sector contributes, they accept, something in the order of £3 billion in gross value added and supports some 38,000 jobs. It is around 1/14th of the size of the commercial airline industry.

My Lords, it is a pleasure to follow the noble Lord, Lord Kirkhope. I support the proposal from the noble Lord, Lord Grayling, of a targeted consultation with local communities.

It will surely be the case that, as part of the civil aviation Bill, there will be changes to the use of airspace overhead and the potential not only for increased numbers of flights but the redesign of flight paths and expanding airports. It must surely follow, then, that, as part of the planning and preparation for these changes, residents who may experience new aircraft overflights, increased noise and other meaningful impacts, such as increased traffic on roads leading to local airports, should be given a meaningful role in considering these changes.

It is already the case that government and CAA policy recognises that airspace changes can have significant impacts on people on the ground and therefore includes consultation and stakeholder engagement requirements, but that sometimes feels a little like a box-ticking exercise. I feel strongly that it must be more than that. Communities that may find themselves under new or intensified flight paths deserve a meaningful voice in these decisions that seriously affect their quality of life.

I recognise that the updating of our aviation policies is an essential process from time to time, but surely the best outcomes are achieved through reasonable discussion. A stronger consultation framework may well deliver reforms more smoothly and avoid delay in being implemented, which can arise where opposition intensifies. Whereas existing consultation processes are often seen as insufficient as they take place too late in the process after key decisions have already, in effect, been made, proper engagement with those affected at an earlier stage and a clear demonstration of how their views are being considered is more likely to appear proportionate and pragmatic.

My Lords, I start by repeating my interest, which I declared on Tuesday, as a current pilot, aircraft owner and operator. On Tuesday, we had a good debate around general aviation, when my noble friend Lord Kirkhope and others took pains to explain the benefits not only to the economy, through the contribution that GA makes, but the broader aviation ecosystem, as it were, particularly in pilot training. Anything that is done to reduce opportunities for pilot training in the UK will have an easy to define effect, which will be the export of pilot training to Europe, where some countries have a different regime and much better weather, the United States and elsewhere. We have to regulate and legislate carefully; the law of unintended consequences is very active in this field.

Access to airspace is critical to the operation of general aviation. I refer to and support my noble friend Lord Kirkhope’s Amendment 65 in both of the thrusts that it seeks to take forward. First, it would protect the importance of GA when it comes to decisions being made around airspace design. It would be easy for the interests of general aviation to be minimised or not taken fully into account, and once decisions are taken it is very difficult for them to be reversed. Yes, much of the country is open, class G airspace, but there are real pinch points and that situation is likely to become exacerbated, rather than made any easier. One example would be around the area of Farnborough, which is close to the London airspace around Heathrow and so forth. I therefore plead for the interests of GA to be considered properly in the design, or redesign, of airspace.

Like my noble friend Lord Kirkhope, I recognise the technological advantages of change that is coming so rapidly. It is difficult for us now to be able to consider what life is going to be like in five years’ time. We support all the advantages that can come from that, including the safety advantages. When I was training as a pilot, one of the biggest concerns was getting lost. It took up quite a lot of my time thinking where one was, particularly in less than perfect weather. Nowadays, with GPS systems, you know precisely where you are at all times. That has taken away one of the excuses, but the safety benefits are extraordinary, and they will continue to come, as the noble Lord, Lord Tunnicliffe, said. I flew an aircraft with a big orange button on the front. If you pushed the button, the aircraft could land itself should the pilot become incapacitated. It was way beyond my knowledge and expertise, and I would not be allowed anywhere near such a machine now. The point is that that technology exists today.

My Lords, I repeat my declaration of interest that I made on Tuesday as the non-exec chair of RVL Aviation.

I will say a word or two about the amendment from the noble Lord, Lord Grayling, and strongly support what he and the noble Baroness, Lady Bray, said. I wanted to ask the Minister to flesh out a bit the answer to the question that I asked at Second Reading. There are already consultation processes, as the noble Baroness, Lady Bray, mentioned. There is no specific one for the exercise of the direction power. I am keen that, if there are extra processes, they fit well together; we do not want one set of consultations at one stage and then, if the Minister decides to do some direction, another set. When the Minister responds and, I suspect, urges the noble Lord, Lord Grayling, not to press his amendment, I would welcome a clear exposition of how the current position works, how it would dovetail with any use of the power of direction that Ministers are taking in Clause 4, how they would expect to use it and how that would fit with the existing consultation mechanism. I am keen that we do not invent another consultation mechanism.

If that power of direction is taken and is used—although the Explanatory Notes say that they do not expect the Government to use it very much, as it is a backstop power—it is almost certainly going to be used in difficult or controversial circumstances, because it would not be needed otherwise. That is the position set out in the Explanatory Notes. It would be helpful to understand how that end-to-end process works. It may be that the Minister should come forward with an amendment on Report that sets out how the power would be used and consulted on, or at least how it will dovetail with existing consultation mechanisms. I am not clear about how that would currently work.

Finally, I back up the remarks made by the noble Lord, Lord Kirkhope, and the noble Viscount, Lord Goschen, about the charging mechanism. I want to set out some of the views from the International Air Transport Association. IATA strongly supports, as I do, and welcomes the Government’s intention to do airspace modernisation but has concerns about the charging regime. It thinks that the drafting is too broad and ambiguous, and risks undermining the international charging principles that exist.