Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
Just to respond briefly to a few of the points raised, I agree with the shadow Minister and the right hon. Member for Melton and Syston that economic growth and safety are not necessarily in conflict with each other. The question is, however, whether the amendments as drafted offer too prescriptive a lean towards economic growth while not duly factoring in the question of safety. When we exist in a system where economic growth is considered right through the gamut of policy development, it does not appear proportionate to me to include one to the exclusion of the other when it could be argued that the other is equally important and in some instances more important.
The right hon. Member raises a fair point about the costs to business of regulatory alignment. He is right to point to the impact assessment, and he is also correct in the sense that the initial compliance costs of adapting to new regulations create negative costs for business. I am still of the view, however, that over the long term the Government are abiding by a target to reduce administrative burdens for business. Overall, in the longer term, the Bill reduces costs. On that basis, I do not believe it is necessary to put a formal target to reduce burdens by 25% in the Bill, given the fact that, first, we might wish to go further in the future, and, secondly there are some instances in which, particularly in relation to aviation safety, we might want over a short period of time to increase the amount of regulatory compliance that is required to adapt to new and changing circumstances in the aviation sector more broadly.
Thirdly, the right hon. Member raised a point about binding successors. I might have been overly literal in my remarks. If so, forgive me. It is true that the measure does not formally bind the hands of a successive Government. The question, however, is whether setting out a purpose clause is unduly prescriptive in terms of what it does and does not lay out for future Governments. I have of course been encouraged by the Opposition Front Benchers to bear all those principles in mind. I have an overall pseudo-ideological position on how legislation of this kind should be developed, and think it is better not to fill Bills with things on their face that take away flexibility in future.
That said, the points around growth and reducing regulatory burden are significant. I thank Opposition Members for the way they have raised them; however, I do not feel the way that they are presented in the drafting of the amendments enhances the quality of the Bill, and I again ask for them to be withdrawn.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
Let me start by saying that I agree with the hon. Member for Didcot and Wantage that we must maintain a high level of consumer protection in aviation. The intention of clause 1 is to strengthen and enhance air passenger rights through secondary legislation, which is why the Government added clause 3 in the other place following discussions with Baroness Grender.
Clause 3 provides an important safeguard that requires the Secretary of State to have due regard to the desirability of strengthening passenger rights when exercising the clause 1 power. However, requiring all future reforms to be equal or superior to current standards could have unintended consequences. A balanced package of reforms may strengthen protections in some areas while making proportionate adjustments in others.
Amendment 24 could prevent such a package from proceeding, even when it would improve outcomes for all passengers overall. Although I agree that the Bill should be used to strengthen passenger protections, rather than reduce them, clauses 1 and 3 already provide the right framework for balanced, evidence-based reform, and I ask the hon. Gentleman to withdraw amendment 24.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
I thank the shadow Minister for her amendments 8 and 9. Taken together, they would require regulations made under clause 1 to be subject to the affirmative procedure. As such, I will address them together.
I agree that regulations made under the Bill’s powers must receive proper parliamentary scrutiny. The question is not whether Parliament should scrutinise them, but what level of scrutiny is proportionate to their nature and effect. Clause 1 deliberately provides for a split approach, ensuring that Parliament’s time is focused where the potential impact is greatest. Some regulations may make only minor or technical changes—for instance, updating the name of an organisation—and it would not be proportionate to require an affirmative debate in every such case.
By contrast, regulations creating criminal offences or financial penalties could have a significant effect on businesses and individuals, and the Bill rightly reserves the affirmative procedure for those measures. The amendments would therefore apply the highest levels of scrutiny, irrespective of the substance of the regulations, placing unnecessary demands on parliamentary time without improving oversight.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
My hon. Friend is right to point to the fact that a number of other amendments tabled by Conservative Members centre on creating an agile, dynamic aviation sector that is flexible in responding to the needs of consumers. There is an important consideration that relates to proportionality, but I do not believe that it is adequately applied in the amendments in this case.
We need to be able to enforce new consumer rights in aviation in a way that is proportionate but also effective and flexible. Creating the balance between reserving affirmative procedures for important matters that relate to things such as financial penalties or criminal sanctions is right to ensure that the oversight is there. However, the Secretary of State put in place by the Prime Minister and the majority party should be able to make regulations in an effective way that does not require Parliament to have an affirmative debate, so that we can keep an effective regulatory system that best serves the interests of the travelling public. That point was well made by my hon. Friend. The Bill’s approach is targeted and proportionate, so I ask the hon. Member for Bognor Regis and Littlehampton to not to press amendments 8 and 9.
Amendment 10 would require regulations co-ordinating the concurrent exercise of direct enforcement powers by relevant authorities to be made, again, under the affirmative procedure. I recognise the importance of ensuring that Parliament applies the right level of scrutiny to delegated powers. The key point, however, is that these regulations will not create or extend enforcement powers. Instead, they will govern how existing powers are co-ordinated among authorities. The affirmative procedure would therefore not be proportionate to their limited function.
The regulations will be administrative in nature, providing a practical framework for cases in which more than one authority can act. They may, for example, cover information sharing, notification arrangements and the process for determining which direct enforcer should exercise its powers in a particular category of case. Those operational arrangements are important, but they do not warrant the highest level of parliamentary procedure. That approach is also consistent with established precedent: comparable powers to co-ordinate concurrent enforcement under competition legislation are already subject to the negative procedure. The Bill therefore provides a tested, proportionate and appropriate level of parliamentary scrutiny. For those reasons, I cannot support the amendment, and I ask the hon. Member for Bognor Regis and Littlehampton to withdraw it.
Having addressed the amendments, let me turn to clause 1, which is central to the Government’s aim of strengthening consumer protections. It enables the Secretary of State to make regulations relating to passenger rights. Existing passenger rights regulations sit within assimilated EU law, and primary legislation is required to update that. The clause creates a power to update and amend existing legislation via secondary means. It allows for regulations across a range of issues, including but not limited to delays and cancellations, denied boarding, price transparency, accessibility for disabled passengers and people with reduced mobility, and liabilities relating to injury, baggage and cargo.
Clause 1 also provides for effective enforcement to ensure that passenger rights are backed by meaningful remedies. It would enable the Government to introduce dispute resolution arrangements and powers for the Civil Aviation Authority to secure compliance, and, where appropriate, financial penalties and criminal offences. The power is subject to important safeguards; any regulations creating criminal offences or financial penalty regimes will require the approval of both Houses through the affirmative procedure. Clause 1 therefore establishes the framework needed to keep aviation consumer protections effective, proportionate and fit for the future, and I commend it to the Committee.
Alongside that, it is logical to discuss clause 2, which works in tandem with clause 1. Clause 2 will ensure that air passenger rights legislation provides appropriate protections for disabled passengers and passengers with reduced mobility.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
I thank my hon. Friend for his contribution not only here but across a range of accessibility issues in transport, particularly relating to aviation. He is right that a consultation will be undertaken as part of clause 2 within 12 months of Royal Assent. The purpose of that is to ensure that where consumer rights legislation is improved, it is done so with the unashamed ambition of making sure that people who travel with disabilities have equal access to the benefits of aviation and have a dignified and welcoming experience wherever they travel in the United Kingdom. That is exactly what this clause is designed to facilitate.
Clause 2 will place a statutory obligation on the Secretary of State to consult on those accessibility issues, which will help to identify what changes to passenger rights legislation may be needed. The consultation must start within a year of Royal Assent, and any resulting reforms can be implemented through the regulation-making power in clause 1. The Government must consult on a non-exhaustive list of issues, including compensation for breaches of assistance requirements, protections for passengers with allergies, complaints handling and the provision of wheelchairs suitable for use on aircraft.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
I thank my hon. Friend for asking about how we can create a system by which those who may have responsibility for damaging mobility aids have the requisite responsibility for compensation and the process. It has been raised with me that, if a person’s mobility aid is damaged in transit when they fly, not only is the compensation not requisite—we will turn to that later in the Bill—but the process of claiming compensation and getting a new mobility aid is often torturous. It places too much pressure on the individual, and it is not done with requisite reflection on the fact that they have as much right to travel as anybody else and deserve not to have their means of accessibility damaged or broken by a private provider. Clause 1 will allow us to set out in more detail how we will deal with the kind of matters that my hon. Friend describes, but she raises an ancillary question about how the overall process should work. That was very well made. I will take that away, reflect on it and report back to her.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
I know about my hon. Friend’s experience, and she outlined to me some of the challenges that go beyond the health risk of travelling with people with allergies and the difficulties that they face. One of those is ensuring that the right food is provided on aeroplanes. If someone is on a long-haul flight and it suddenly becomes clear that the staff do not have allergy-friendly food for them, that can make a travelling experience, which might already have been stressful, all the more difficult.
Through the consultation, the clauses that I am currently addressing will allow people with allergies to directly feed into how the consumer rights system should be designed to most adequately address their concerns and give them equal access without fear of being denied the requisite food, safety or the ability to fly alongside their friends and family. Clause 2’s consultation requirements will allow that to happen, and clause 1 will empower the Secretary of State to make those changes in an agile and definitive way that will quickly provide change so that people can fly with confidence.
The Government must consult disabled passengers, persons with reduced mobility and the organisations that represent them, alongside airlines and airports—which, I must say, do a lot of good and pioneering work in this space, and this framework will allow them to go further. Clause 2 also provides that the Government may consult with others as appropriate. That may include the CAA, passenger rights advocates and groups, or wider industry stakeholders. This will enable a genuinely pan-disability approach grounded in lived experience and expert evidence.
The Government added clause 3 during the Bill’s passage through the other place following constructive engagement with peers on how the Bill could do more to strengthen air passenger rights and promote accessibility. Clause 3 will support the Government’s aim of using clause 1 to enhance and strengthen air passenger rights in the future. It requires the Secretary of State to “have due regard” to the desirability of strengthening air passenger rights when considering whether and how to make regulations under clause 1, particularly where those rights affect disabled passengers and persons with reduced mobility.
Clause 3 also establishes a clear set of principles to guide future policy development. They include that passengers should be “treated with dignity”; that disabled passengers should have access to air travel that is “equal or comparable” to that enjoyed by other passengers; that any accessibility assistance provided should meet the individual’s need; and that independent travel should be “facilitated wherever possible.”
Taken together, clauses 2 and 3 help to ensure that accessibility is embedded in the future development of passenger rights policy and remains a central consideration when the powers in clause 1 are exercised. I commend the clauses to the Committee.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
I will begin by addressing clause 4, which was added during the Bill’s passage in the other place to strengthen rights for disabled passengers. It removes the existing cap on compensation for wheelchairs, mobility aids and other assistive devices that are lost, damaged or destroyed on domestic UK flights. For many disabled passengers, these devices are essential to their independence and daily lives, and the current compensation limits may not reflect the true cost of repair or replacement. The clause ensures that passengers travelling on domestic UK flights are able to recover compensation that more accurately reflects the value of the equipment lost or damaged. Ultimately, the clause is about making sure that disabled passengers can travel with greater confidence that, if something goes wrong, they will not be left without the equipment they rely on or forced to absorb an unfair financial loss.
On new clause 13, tabled by the hon. Member for Didcot and Wantage, I thank him for returning to the important issue of transporting wheelchairs during air travel. The Government agree that disabled passengers should be able to communicate their mobility and assistance requirements clearly, and that wheelchairs and mobility aids must be handled safely and with dignity. The question is how best to secure practical and long-lasting improvements, rather than placing a particular scheme in primary legislation before the work already under way has concluded.
The hon. Gentleman will know that the transport of mobility aids and wheelchairs was considered by the aviation accessibility task and finish group, and is now being taken forward through the aviation accessibility implementation group. This industry-led working group is examining mobility aid design and handling and has developed the electric mobility aids air travel pack, which gives passengers, airlines and ground handlers the information they need in advance of a journey. The group is promoting wider use of that tool and considering how passengers’ individual requirements can be captured more effectively to support a more tailored experience.
Since this proposal was debated in the other place, the Government have also acted through the Bill. We introduced clause 2 in the Lords, placing a statutory requirement on the Secretary of State to consult on accessibility matters. This issue could be considered as part of that consultation, ensuring that any future reforms are evidence based and take account of passengers’ and stakeholders’ experience. It would therefore be premature to prescribe a wheelchair passport scheme now. We should instead allow the implementation group’s work and statutory consultation to determine what measures are necessary, workable and proportionate. Should the evidence support the need for legislation, clause 1 provides a route to acting following full consultation. The new clause instead risks cutting across that work rather than strengthening it. On that basis, I hope I have reassured the hon. Member for Didcot and Wantage and I ask him not to press his new clause.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
I will pick up on a few points from the debate, although I do not feel I have much more to add, given the quality of the conversation between the hon. Member for Sutton and Cheam and my hon. Friend the Member for Bexleyheath and Crayford. It genuinely showed the Committee process at its best in terms of deliberative policymaking.
I turn first to the point raised about the Montreal convention, because my hon. Friend and the hon. Member were right to point out that the lifting of the compensation cap on damaged wheelchairs and mobility aids in the Bill applies only to domestic UK flights. That is because doing the same for international flights would require a change to the Montreal convention, which is an international treaty that the UK is party to through the International Civil Aviation Organisation.
Although my hon. Friend set out the limitations of how far the Bill can go, I reassure the Committee that I take this issue very seriously and want the UK to use its phenomenal reputation in international fora as a leader in aviation policy. I personally met the UK’s representative at the ICAO, William Gatward, and discussed its importance. We have agreed to explore ways to discuss compensation caps through the Montreal convention in the appropriate fora at the ICAO, and I would be glad to keep Members updated on that work.
I again thank my hon. Friend for his contributions. He is incredibly experienced in this field, and he is right to point out that many of the recommendations he put forward in his Aviation (Accessibility) Bill have found their way through to this piece of legislation. That is a credit to his perseverance and dogged determination to do right on behalf of the people he represents, and the people with disabilities who travel and their families across the United Kingdom.
I also thank the hon. Member for Sutton and Cheam for setting out so clearly his perspective on wheelchair passports. We have had a productive conversation about where some of the limitations are, including for return flights. We are also working with that limitation when it comes to the compensation cap through the Montreal convention. However, I think it is appropriate for such issues to form part of the consultation clause in the Bill, and I would be glad to have a conversation with the hon. Member about how we take that forward. We should certainly also consider working it into IATA processes.
I think that my point in my original comments still stands, in that the aviation accessibility implementation group is exploring a lot of these issues in detail. I would like to see the outcome of those considerations before we move forward, but the Bill provides us with a lot of tools to make purposeful progress in that space once we have got to grips with its conclusions.
However, the hon. Member raised a very important and more general point about aviation accessibility in the United Kingdom—about the training of airline staff and inconsistent treatment across the domestic aviation sector. He raised that in regard to those who travel with wheelchairs and who get inconsistent treatment in terms of storage and the facilitation of their independence in travel arrangements. I visited Bristol airport and had a really productive conversation about people who travel with stoma bags fitted. There is often not enough training and awareness when they go through baggage search about the implications that that can have, and about how searches can be carried out in ways that respect people’s dignity and privacy.
The hon. Member is right to point out that people who travel with accessibility requirements or disabilities should not have to read the rulebook to members of staff. However, to look at that through a positive lens, it produces an obligation on the Department for Transport and our private sector stakeholders to think collaboratively about how we can improve consumer standards and create a minimum baseline for their enforcement, which this Bill facilitates. There is also a broader conversation about how we facilitate better training, awareness and sensitivity for airport staff who, the vast majority of times, are trying to do the right thing.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
From travelling with a close family member with type 1 diabetes, I know about the pressure and the worry that can be caused by travelling with needles and insulin, so that should also factor into the conversations.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
I agree with my hon. Friend, and I will use that as a springboard to raise another piece of the puzzle: the guidance given to GPs about the advice they give patients when they are diagnosed with a particular condition.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
My officials will be getting nervous, because we are creating lots of extra considerations. That said, I think hon. Members’ points are very well made. They speak to the fact that the provisions in the Bill—the consultation and the agility of the Secretary of State’s consumer protection-making powers—allow us to advance across a range of issues that affect not just those with disabilities or additional needs but everyone who uses our aviation sector, and to improve their rights in a meaningful and purposeful way.
I hope I have sufficiently answered the questions of the hon. Member for Sutton and Cheam. I have little more to add on clause 4, other than that it will help us address an issue that desperately needs to be dealt with by ensuring that people who use wheelchairs and mobility aids can travel with confidence in the knowledge that, if their devices are damaged, they will get the compensation they deserve. I commend the clause to the Committee.
Question put and agreed to.
Clause 4 accordingly ordered to stand part of the Bill.
Clause 5
Direct enforcement of consumer protection legislation by CAA
Question proposed, That the clause stand part of the Bill.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
There is a lot of talking from me about this part of the Bill. I thank hon. Members for their contributions so far. Clause 5 is another part of the Government’s objective of strengthening consumer protection in the aviation sector. It will give the CAA the tools it needs to enforce consumer law effectively.
The CAA’s current powers are not strong enough, and court processes can be slow and resource-intensive. The clause brings the CAA into line with other regulators, such as the Competition and Markets Authority, by allowing it to investigate breaches and take direct enforcement action where appropriate. That means that, when passenger rights are breached, the CAA will be able to act quicker and secure better outcomes for consumers.
The clause also includes mechanisms to ensure oversight of the CAA’s enforcement activity, which were strengthened in response to scrutiny in the other place. The Bill now requires the CAA to report on the use of the powers, and that information will be laid before Parliament, ensuing appropriate scrutiny and accountability. This measure will strengthen consumer protection in the aviation sector by enabling quicker and more effective enforcement, improving compliance with consumer law and giving passengers greater confidence that their rights are protected when travelling by air.
Amendment 11, tabled by the shadow Minister, would introduce an independent review of a CAA direct enforcement notice before the existing right of appeal to the courts is exercised. I agree with the underlying principle that organisations must have a clear and independent means of challenging the CAA’s decisions. That safeguard is important, but the statutory right of appeal already provides it. The amendment would instead add an administrative stage ending only in a non-binding recommendation. That could delay resolution and increase complexity, particularly where a party then proceeds to court in any event. It would also create an uneven framework by adding a review process for CAA notices, but not equivalent notices issued by other direct enforcers. There is no clear case for that distinction.
The CAA is best placed to assess compliance with air passenger rights in the first instance. Where its decision is challenged, the court offers independent scrutiny and a binding outcome. A further non-binding review would add process, not meaningful protection. For those reasons, I cannot support the amendment, and I ask the shadow Minister to withdraw it.
Schedule 1 gives effect to clause 5, which provides the Civil Aviation Authority with direct consumer enforcement powers. The schedule provides the CAA with the detailed investigatory and enforcement powers needed to exercise those functions. It enables the CAA to investigate suspected breaches, take direct enforcement action and impose penalties where appropriate, while also providing for appeals and reporting requirements. The schedule is therefore an essential part of the new enforcement regime established by clause 5, setting out the detailed powers and procedures needed for it to operate effectively, and I commend it to the Committee.
Finally in this grouping, clause 6 ensures that the CAA can effectively enforce existing safety and consumer requirements relating to air carrier identity. It does so by bringing existing legislation relating to air carrier identity requirements within the CAA’s consumer enforcement framework. This legislation sets out requirements for passengers to be informed of the identity of the air carrier operating their flight and requires the Secretary of State to maintain a list of air carriers banned from operating in the United Kingdom. Clause 6 does not create new requirements for passengers or airlines; rather, it strengthens the enforcement of existing regulation, ensuring that passengers have the information they need and that measures designed to protect passengers and maintain safety standards can be effectively enforced.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
I thank the hon. Members for Didcot and Wantage and for Bognor Regis and Littlehampton for their contributions. In the first instance, if redress to the courts is still available when somebody against whom there is an enforcement action is dissatisfied, that speaks to the fact that having these enforcement abilities does not quite result in an effective way of removing the need for the court process.
There is also the point about the arrangement that exists through the Railways Bill on how we make decisions between GBR and the ORR. This is direct enforcement of protections, which is important both for the aviation safety regime and for consumers who fly; it is not a determination on commercial matters. In a railway context, GBR needs to have a strong ability to be able to work in a holistic way to support track and train together.
The point still stands that this would create an uneven framework. It would add a review process for CAA notices, but no equivalent would be issued by other direct enforcers. The CAA is best placed to assess compliance with passenger rights, reflecting on the gravity of some of the issues we have already discussed, but there is a question around making sure that CAA action is not disproportionate.
Like the CMA, the CAA will need to make clear how it is going to use its powers. It will have to follow a set of rules to ensure that its actions are proportionate and correct. On that basis, I do not believe that the level of oversight set out by the shadow Minister, the hon. Member for Bognor Regis and Littlehampton, in her amendment is proportionate. I urge her to withdraw it.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Schedule 1
Direct enforcement of consumer protection legislation by CAA
Amendment proposed: 10, in schedule 1, page 23, line 9, leave out “negative” and insert “affirmative”.—(Alison Griffiths.)
This amendment ensures that regulations made under this section are subject to the affirmative procedure.
Question put, That the amendment be made.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
I beg to move amendment 1, in clause 7, page 6, line 31, leave out “six” and insert “12”.
This amendment would increase the amount of time available to complete the review of the impact of airport drop-off charges to 12 months.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
It is a shame that we are running out of time just as we hit such an exciting part of the Bill: the Government amendments relating to the review of airport drop-off charges. As the Committee will be aware, the Bill was amended in the other place to require the Secretary of State to undertake a review of the impact of airport drop-off charges on users of airport services and to publish that review within six months of Royal Assent. Let me be clear at the outset that the Government are committed to undertaking that review. We recognise that airport drop-off charges are an issue of interest to passengers, parliamentarians and others, and we agree that it is important to establish a clear evidence base to inform any decision making.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting)
I thank the right hon. Gentleman for that challenge and for not encouraging me to pre-empt whatever the terms of any particular review might be. That being said, I believe that the general basket of issues requires close attention, one of them in the broader terms to which he speaks: transparency for those who pay airport drop-off charges. That could relate to penalties as much as to the process of paying, to signage at the airport or to other provision such as free public transport. I expect that matters of that kind would be of interest as part of the review.
We do not believe, however, that the six-month timetable attached would allow sufficient time to carry out a meaningful and robust piece of work. There is currently no single, comprehensive source of evidence for the impacts of airport drop-off charges across the United Kingdom. A credible review will require engagement with airports, passengers, accessibility groups and other stakeholders, alongside research and analysis of the available evidence. A rushed review would risk producing limited findings and would not do justice to the concerns that have been expressed.
The Government amendment therefore extends the period for completing the review from six months to 12 months after Royal Assent. That additional time will allow the Government to undertake a more thorough and evidence-based assessment. While the detailed scope of the review will be developed in due course, it could include, as I said, consideration of other issues such as affordability, accessibility, travel behaviour and the experiences of different groups of passengers. It could also examine the role that revenue from drop-off charges plays in supporting airport operations and infrastructure, and the extent to which such charges encourage modal shift so that customers use public transport and other sustainable transport options when travelling to the airport. In doing so, however, it is important that the wider context should be recognised.
Most UK airports are privately owned and operated businesses. Decisions about parking and drop-off arrangements are generally commercial matters for airport operators. We know that parking revenue is often used to support investment in airport infrastructure and services to the benefit of airport users. Parking and drop-off arrangements are also subject to consumer protection legislation. The Government amendment ensures that Parliament will receive the findings on the impact of the charges, based on a strong and credible evidence base.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
It is a pleasure to serve under your chairship, Ms McVey. I hope Members will agree that a planned and thorough review delivered within 12 months is preferable to a report that cannot engage substantively with the issues at hand but is delivered within six.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
My hon. Friend is a champion for his constituents, both those affected by drop-off charges and those—he has spoken to me about this—who live in Prestwick, Ponteland and Woolsington who are particularly affected by taxi drivers not being able to use the airport in the way they want to and who end up impacting local communities. I raised that with local residents when I did a series of roundtables at Heathrow in relation to expansion. We need to manage all those impacts very carefully. People do not deserve to have disruption and nuisance on their doorstep because we are not getting the systems functioning in the way that they need to.
Government amendments 2 and 3, tabled in my name, make a related change to the commencement provisions of the Bill. As currently drafted, the review duty would come into force two months after Royal Assent; however, as the period for completing the review is measured from Royal Assent, it is appropriate that the duty itself also commences at that point, which the amendments provide for. They are technical and consequential amendments that simply ensure that the Bill is tidied and operates as intended, with the commencement provisions aligning with the revised review timetable.
Clause 7, as we have discussed, requires the Secretary of State to conduct and publish a review into the impact of airport drop-off charges on airport users. The review must be laid before both Houses of Parliament. I do not have much to add to the remarks I made when discussing Government amendment 1, but for the avoidance of doubt, let me quickly reiterate that we recognise the considerable strength of feeling that exists on this issue among passengers and parliamentarians.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
My hon. Friend raises an important point. One of the functions of airport drop-off charges, as presently constituted, is to facilitate mode share changes at airports and to encourage airport users to take public transport where possible, but it is true that across the airports in the United Kingdom there is not consistent public transport availability. Those questions around provision and whether free drop-off spaces are provided, and the transparency with which they can be accessed, is of major importance. I thank my hon. Friend for that contribution.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
It was a pleasure to visit Bristol airport to see its impressive and ambitious plans to facilitate new international routes and to modernise its terminals. It wants more people to use the airport, so it is incumbent on us all to think about how we can best facilitate that. With the new Prime Minister’s increased focus on pushing power out into every local community in the United Kingdom, local mayors and local authorities will also have an enormous role to play in ensuring that we have the right public transport connectivity to our airports so that more people can benefit from being able to travel cheaply and comfortably to airports in their local areas.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
My hon. Friend is right to point to the fact that PSOs serve as a lifeline for many regional airports, and provide important economic and business connectivity to the nation’s capital from many regions of the United Kingdom, including his own, which is serving as a catalyst for regional economic growth. We of course need to think about the intersection of these questions, and how we can work with local mayors to create robust public transport systems that can get people to the places they want to go, to facilitate economic growth across the entire United Kingdom. My hon. Friend makes the point well.
I thank the hon. Member for Didcot and Wantage for tabling new clause 6, which seeks to require the Government to publish proposals for a cap on airport drop-off charges within six months of Royal Assent, and to specify that the cap must be £5. The Government have committed to reviewing the impact on airport users within 12 months of Royal Assent. The new clause would cut across that proposal by requiring the Government to bring forward proposals for a specific £5 cap before the review had completed, effectively predetermining the outcome before evidence had been adequately considered. For those reasons, I cannot support the new clause and ask the hon. Gentleman not to press it to a vote.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
I will begin by responding to the shadow Minister. I am no physicist, but I know that a plane must fly on both its left and its right wing. I am very pleased therefore to see the consensus across the room today on the principle of a review of airport drop-off changes.
On a serious note, Members have raised a number of key themes which go to the heart of why a review has been deemed necessary by the Government. That is to ensure that when consumers travel through our airports and use the drop-off facilities, they can be assured that fairness, transparency and ultimately choice about their transport mode is at the heart of their travelling experience.
The shadow Minister was right to point to the special impact that drop-off charges can have on people with disabilities who travel. I would also focus on people who travel from rural communities to airports, who might not have the public transport access that they require. It is of course worth noting that airports provide bespoke drop-off locations for people with disabilities, but that brings us to another question about signage and access to those spaces. Those points were very well made, and those sorts of issues should form part of the discussion about how this system evolves.
Speaking to new clause 6, I have a particular question about freezing a cap in aspic, at around £5. Is it proportionate and is it enough? There was a point about disparity around the country, which is worthy of further discussion. Ultimately, I identify with the point made by the hon. Member for Sutton and Cheam about ensuring fairness and compliance with mode shift targets where public transport access to airports is poor. It is also worth reflecting on the shadow Minister’s contribution that actually a lot of planning requirements on airports need management of mode shift targets in a way that impacts directly on how those drop-off systems work. That is worthy of consideration.
Though we can have conversations about fairness, transparency and choice, drop-off charges are often used by airports to make very necessary improvements to their facilities and access. That is also worthy of consideration. The shadow Minister perhaps did not point to the work we have done more recently to facilitate airport expansion and modernisation, which helps the airport sector to grow. That being said, she is right to point to the fact that the cost stack faced by airports is of material concern, and therefore we have to be cognisant of what we do in terms of reviewing airport drop-off charges and think of them in the round when we consider how best to support the sector.
On that basis, there have been some great contributions by both Government and Opposition MPs speaking to the constituency impact of drop-off charges. The review will be designed to address some of those questions. I do have concerns about new clause 6, which mean that I cannot support it.
Amendment 1 agreed to.
Clause 7, as amended, ordered to stand part of the Bill.
Clause 8
Directions about implementation
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
The Committee will be familiar with the Government’s position in relation to amendment 27 and I do not seek to disguise the fact that it remains unchanged. The amendment addresses safeguards that, in our view, are already firmly imbedded in the airspace change process. Environmental assessment and meaningful consultation are, and will remain, fundamental to that process. Nothing in the Bill removes, bypasses or weakens the requirements to consult thoroughly or to assess noise and wider environmental impacts robustly.
Clause 8 supports the Government’s objectives of delivering airspace modernisation and ensuring that approved airspace changes can be implemented efficiently. The clause extends the Secretary of State’s existing powers to direct relevant parties to prepare, develop or review airspace change proposals.
Clause 8 adds a power to direct the implementation of airspace change proposals, once they have been approved by the CAA. That reflects the practical reality that delivering airspace modernisation requires action from a number of different organisations. While we expect industry to work collaboratively to implement approved changes, there is a risk that a single party could delay or frustrate delivery. The new power provides a proportionate last-resort mechanism to ensure that approved airspace changes are implemented. That is particularly important as the UK Airspace Design Service has begun work redesigning the complex airspace over London and the south-east. Modernising our airspace will help maintain high safety standards, improve efficiency and resilience across the network, and support reductions in emissions and noise.
Importantly, clause 8 retains the existing statutory safeguards. It only applies to an airspace change that has been through the CAA’s robust regulatory process—including consultation of those affected by it—and has then been approved by the CAA. Before issuing a direction, the Secretary of State must consult the party being directed, which also has a right of appeal. The clause therefore strengthens the framework for delivering approved airspace changes while preserving appropriate protections and oversight.
Question put, That the amendment be made.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
Clause 9 supports the reforms to the charging for air services contained in clause 10. Clause 10 allows air service charges to be imposed on a broader range of persons than under the current framework. Clause 9 therefore makes corresponding changes to the licence modifications process to ensure that existing safeguards remain effective and apply equally to all relevant parties. The clause requires the Secretary of State or the CAA to identify and consult anyone who would be materially affected by a proposed licence modification. It also introduces schedule 2, which makes additional corresponding changes to the air services licencing regime and the appeal process.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
My hon. Friend is right to say that where there is a broadening of who is charged, there must be a broadening of the principles that should underly a fair and transparent process by which those charges take place, and that any decisions in relation to it should be made through the lens of who benefits. I will turn to some of that later in my remarks. Together, these changes will ensure that the regulatory framework can evolve while maintaining the established rights of stakeholders affected by licensing conditions.
Schedule 2 will update the appeals framework for changes to air services licences to reflect the broader charging regime introduced by clause 10. As the Bill broadens the categories of persons who may be liable for charges for air services, the schedule will ensure that appeal rights continue to apply appropriately to those affected by licence modifications and that those affected are notified of the stages of the appeal process, providing the transparency and fairness to which my hon. Friend the Member for Birmingham Edgbaston refers. The schedule will extend appeal rights to reflect the wider range of stakeholders who may be affected by regulatory decisions, and I commend it to the Committee.
Finally, clause 10 will update the charging framework for air services to ensure that it remains fit for the future. Existing legislation allows charges to be imposed only on operators and owners of aircraft. This clause will broaden the framework so that charges may be imposed on a wider range of persons in the future. Anyone charged must still be a user or beneficiary of a service and must be consulted before charges are set. That will provide flexibility to accommodate future developments in aviation and enable charges to be imposed efficiently on new users of licensed air services, such as providers of services to uncrewed aircraft, where appropriate.
While the Government move forward very purposefully on things such as the future of flight industry group, and as we focus on beyond visual line of sight drone operations and electric vehicle take-off and landing, those benefits will be accrued. It is right that the charging regime is adapted to focus on it, but those two things must work in tandem, as my hon. Friend the Member for Birmingham Edgbaston encourages me to consider. This will provide flexibility to accommodate future developments.
The clause will also make consequential amendments to ensure that the relevant provisions of the Transport Act 2000 and the appeal process operate consistently following these changes. Overall, this will provide greater flexibility to ensure that the costs of providing air services can continue to be recovered fairly as the management and use of airspace evolves, including with the emergence of new users such as drones.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
I appreciate it, Ms McVey. To the shadow Minister’s point about materiality and the effectiveness of use, it is my understanding that this provision was changed in the Lords to ensure that those who can be charged is restricted only to those who use or benefit from the services that are outlined in the charging regime. This balances the necessary flexibility for the future with safeguarding the internationally established user pays principle. However, I will consult with my officials after our proceedings today and if there is anything remaining that still needs to be clarified, I will put it to the shadow Minister in writing or update her at the start of the next Committee session, if that is to her liking.
I thank the shadow Minister for giving the Committee the opportunity to consider the appropriate level of scrutiny for regulations relating to airport slots. The Government’s position remains that the approach in the Bill is both proportionate and appropriately safeguarded. The power is limited to exceptional circumstances where there is either a significant threat to public health or another substantial reason, and can be used only to make temporary changes to slot usage requirements. Applying the affirmative procedure in every case would reduce the Government’s ability to respond quickly and decisively to major disruption. Experience during the pandemic and this past summer has shown that timely intervention can be critical to protecting the operation and resilience of the aviation sector. On that basis, I cannot support the amendment.
Clause 11 ensures that the Government can continue to maintain and update the UK’s airport slot framework now that temporary powers put in place following EU exit have expired. Airport slots are a vital mechanism for managing access to capacity-constrained airports. They help to ensure that scarce airport capacity is allocated in a fair, transparent and efficient way, supporting both connectivity and competition.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
It feels like we are back in the Railways Bill with such a chunky group of amendments to work through—[Hon. Members: “Hear, Hear.”] My Whip, my hon. Friend the Member for Birmingham Northfield, would be very pleased to be back in the Railways Bill, given his penchant for that particular mode.
I thank the shadow Minister for tabling her amendments. The Committee will recognise that amendment 14, the lead amendment, returns to an issue considered during the Bill’s passage in the other place: whether aviation safety rules should ultimately be made by the Secretary of State rather than the CAA. The Government’s position on this matter remains clear. The amendment would prevent the delegation of technical rule making to the CAA, which is a central purpose of the Bill.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
I thank the hon. Gentleman for that clarification. On that basis, I will turn to a substantive challenge that we have with amendment 21. The decision about whether a proposed rule change is sufficiently minor to justify the use of the fast-track procedure is, we believe, primarily a technical regulatory judgment. The CAA is the independent aviation safety regulator and is therefore best placed to assess the significance of proposed changes within the wider aviation safety framework. We feel that requiring ministerial agreement for every minor technical amendment risks introducing additional administrative steps that could delay routine updates without materially improving scrutiny or outcomes.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
The hon. Gentleman’s point is well made. He also notes that, as our aviation sector evolves—especially in relation to drone and beyond visual line of sight technology—we may want a more hands-on approach to determining what constitutes significant change. When a lot of these technologies first appear, it might seem as though they will not reach fruition and maturity for some time, and then they quickly become very consequential to how our airspace develops. Ministers are ultimately responsible for setting the CAA’s strategic priorities. The Secretary of State of course has the power to direct the CAA and can reserve particular functions. On that basis, the amendments are not necessary at present, given the suite of ministerial powers available when those more nuanced circumstances might arise. However, I will happily pick that conversation up with the hon. Gentleman outside the Committee to consider it further.
Amendment 22 seeks to make it explicit that guidance on the publication of CAA rules may provide for signposting to related requirements in air navigation orders and other legislation. I understand the intention behind the amendment. It is important that those who are subject to aviation safety requirements can understand how CAA rules interact with requirements elsewhere in the legislative framework. However, I feel that the amendment is unnecessary. Proposed new section 61G already gives the Secretary of State the ability to issue guidance about the publication of CAA rules.
In my view, it is unnecessary to be more specific, but perhaps we ought to have a conversation about what more routine processes we can build in to make sure that guidance is provided in a more timely way, so that the smaller operators the shadow Minister spoke of have access to the guidance they need. As the provision stands, the guidance that can be issued can address, should Ministers choose, how rules are presented and published, including appropriate signposting to related legislative requirements, without prescribing that particular approach in the Bill. We therefore consider that those matters are better addressed in that flexible way, through the guidance under proposed new section 61G.
Amendment 16, which was tabled by the shadow Minister, returns to the question of whether the CAA should have to agree the Secretary of State’s priorities and objectives. The Government’s position on that matter remains clear. The CAA is the UK’s independent aviation safety regulator, and its technical experts will be responsible for turning the priorities issued by the Secretary of State into a deliverable rule-making programme. Requiring its agreement ensures that the programme is feasible, appropriately targeted and compatible with its statutory responsibilities.
In our view, removing that safeguard would not improve accountability. Instead, it could require the CAA to pursue priorities it considers undeliverable or inconsistent with its responsibilities, undermining both its independence and the effective operation of the new framework. The requirement for its agreement does not, however, give the CAA a veto over Government policy. The Secretary of State has the power to direct the CAA in its rule making, and retains powers to reserve matters from the CAA’s rule-making functions and to legislate directly where appropriate. For those reasons, we believe that the amendment would remove the necessary safeguards without necessarily strengthening ministerial authority. On that basis, I ask the shadow Minister not to press it.
Amendment 23, tabled by the hon. Member for Sutton and Cheam, would require the CAA to maintain on its website an up-to-date and consolidated version of the whole text of the CAA rules. I agree that aviation rules must be clear and accessible—all CAA rules will be published and remain available and accessible—but the question is whether the CAA should be under a legal duty to keep the entire rulebook continuously consolidated. We do not consider such a duty to be necessary.
The CAA rulebook will contain many thousands of provisions, and it is important for the authority to have flexibility in how it develops, prepares and maintains a consolidated version of the rules, which it then publishes. If the CAA is required to consolidate fully the rulebook after every change, no matter how minor, it would be required to ensure that the whole consolidated rulebook is updated even when a change affects only a small number of provisions. That would also prevent, for example, the CAA from undertaking consolidation exercises at more appropriate and proportionate intervals than in every instance that would be required under the proposed provisions. That could impose disproportionate cost and delay, frustrating the Bill’s purpose of enabling the CAA to maintain a more agile rule-making framework.
I promise, Ms McVey, that I am making good progress through my response to this group of amendments. Amendment 17 returns to the provision that enables consequential amendments to be made in connection with CAA rules. In our view, the need for that power is practical and unavoidable. As responsibility for safety rule making moves to the CAA, the Government must be able to make facilitating regulations and update related legislation so that the statute book remains coherent and the new framework can operate as intended. Without that, the provisions may become unworkable and result in significant legal uncertainty.
The power is not broad or unconstrained; it may be used only to make the secondary legislation needed to facilitate or give effect to the CAA’s rule-making function. Such powers are a well-established feature of primary legislation where necessary to manage an orderly transition to a new statutory regime. Removing the provision would therefore not provide an additional safeguard; it would risk leaving gaps in the legislative framework and prevent the transition to CAA rule making from operating effectively.
The clause itself delegates powers to the CAA to make legally binding aviation safety rules using a process that is quicker and simpler than the existing process of making secondary legislation. That will allow detailed and technical aviation safety requirements to be updated more quickly and efficiently, helping the UK to keep pace with technological developments and evolving international standards. The Secretary of State’s existing powers to legislate remain unaffected. The Bill allows the Government to reserve matters that should not be delegated to the CAA, including where issues of national security or the wider public interest arise.
Importantly, the framework includes robust safeguards. That includes a power for the Secretary of State to direct the CAA with regard to rule making. The CAA will in most situations be required to consult before making rules, to publish them transparently and to report annually on the use of its powers. The Secretary of State will also set strategic priorities for the CAA’s rule making and may direct how those functions are exercised, while not being able to dictate the content of individual rules. That gives Parliament a clearer and more joined-up view of safety rule making, replacing today’s fragmented approach. Together, the provisions create a more agile system for updating aviation safety requirements, while maintaining clear accountability and oversight. I therefore commend the clause to the Committee.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
With apologies to the Committee for continuing my grand oration, I will speak to these clauses and Government amendment 4, in my name.
Clause 13 restores powers lost following EU exit to create and amend criminal offences relating to aviation safety requirements in assimilated law. It closes a gap in the current framework by allowing air navigation orders to provide for offences relating to breaches of those requirements in assimilated law, helping to ensure that they can be enforced effectively. The clause also updates the power in respect of endangerment offences to ensure that the most serious aviation safety risks are treated appropriately. Importantly, it does not create any new offences itself, and any future use of the power would be subject to parliamentary scrutiny.
Clause 14 provides a standard consequential amendment power to ensure that legislation operates effectively following the changes made by this Bill. It allows the Secretary of State to make regulations to update, amend or remove references and provisions elsewhere in the statute book where it is necessary as a consequence of the Bill. The power is limited to consequential, supplementary, incidental, transitional or saving changes and cannot be used to make policy changes. Any regulations made under this power must be made by statutory instrument, and where such regulations amend or repeal provisions in primary legislation, they will be subject to approval by both Houses of Parliament. In all other cases, the regulations will be subject to annulment by either House of Parliament. The clause provides the necessary flexibility to ensure that the legislative framework remains clear and consistent, while maintaining appropriate parliamentary oversight.
Clause 15 is a standard provision that sets out the extent of the Bill’s measures. Clause 16 contains provisions relating to the commencement of Bill measures, including a standard power for the Secretary of State to bring provisions of the Bill into force by commencement regulations. Leaving provisions in the Bill to be brought into force by regulations will afford the necessary flexibility to commence the provisions at the appropriate time, having regard to the need to make any necessary secondary legislation, issue guidance, undertake appropriate training and put the necessary systems and procedures in place, as the case may be.
Government amendment 4 covers a procedural matter. It removes
“the privilege amendment inserted by the Lords”,
which is currently in clause 17(2) of the Bill. The privilege amendment and its removal is standard procedure for all Bills that originate in the other place. Clause 17 sets out the short title—the name by which an Act of Parliament is commonly known and cited. With that, I commend the clauses to the Committee.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
In relation to when I would expect the power to be used, I will not be drawn into commenting on hypothetical situations in which that might be appropriate. However, I can reassure the shadow Minister that it is designed to allow the Bill to operate effectively. It is limited and consequential and affects only legislation that does not have a primary application. In that sense, it is both proportionate and technical in ensuring the application of the Bill.
Clause 13 pertains only to restoring powers that have been lost following our exit from the EU to both create and amend the relevant criminal offences. It closes the gap in the current framework that relates to offences that breach those requirements in assimilated law. It does not create any new offences, and any future use of the power would be subject to robust parliamentary scrutiny. There are appropriate safeguards, and that addresses a powers gap issue that has only been caused by our exit from the European Union. I would be happy to provide the shadow Minister with any other information she might require. I commend the clauses to the Committee.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
New Clause 1
Independent Aviation Ombudsman
“(1) The Civil Aviation Act 1982 is amended as follows.
(2) After Section 1 insert—
‘1A Independent Aviation Ombudsman
(1) There is to be a body corporate known as the Aviation Ombudsman (“the Ombudsman”).
(2) The Secretary of State must by regulations make provision for the establishment, funding, and operation of the Ombudsman, and such regulations must include provision for—
(a) the appointment of the Ombudsman by the Secretary of State, following consultation with such persons as the Secretary of State considers appropriate;
(b) the term of office, terms of appointment, and removal of the Ombudsman;
(c) funding of the Ombudsman’s functions by a levy on operators or owners of aircraft registered with the Civil Aviation Authority and on airport operators.
(3) The Ombudsman may investigate a complaint made by—
(a) a passenger, or a person acting on a passenger’s behalf;
(b) a resident, or a representative body of residents, in an area materially affected by a decision on airspace change, flight path, or air navigation services; against a regulated person, in relation to a matter within the Ombudsman’s jurisdiction under subsection (4).
(4) The matters within the Ombudsman’s jurisdiction include—
(a) complaints about the service provided by an airline, airport operator, or air navigation service provider, including delay, cancellation, denied boarding, baggage, and accessibility for disabled passengers;
(b) complaints about the conduct of the Civil Aviation Authority in exercising its regulatory functions, including airspace change decisions made under the process set out in the Civil Aviation Authority’s Airspace Change Process;
(c) such other matters as the Secretary of State may by regulations specify.
(5) Before investigating a complaint, the Ombudsman must be satisfied that the complainant has first exhausted the internal complaints procedure of the regulated person, unless the Ombudsman considers it would be unreasonable to require this.
(6) Following an investigation, the Ombudsman may—
(a) make a determination in favour of the complainant, including a direction that the regulated person pay compensation, take remedial action, or both;
(b) publish the determination and the reasons for it.
(7) A determination made under subsection (6)(a) is binding on the regulated person and enforceable, on the application of the Ombudsman, as if it were an order of the county court in England and Wales and Northern Ireland or of the Sheriff Court in Scotland.
(8) The Ombudsman must, at least once a year, prepare and lay before Parliament a report on the exercise of the Ombudsman’s functions, including the number and nature of complaints received, upheld, and resolved.
(9) Regulations under this section are subject to the affirmative procedure.
(10) In this section—
“regulated person” means a person holding an operating licence, an airport operator, or a licensed air navigation service provider;
“the Civil Aviation Authority” has the meaning given in the Civil Aviation Act 1982.’”—(Luke Taylor.)
Brought up, and read the First time.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
I thank the hon. Member for Horsham (John Milne) for tabling new clause 1. The Government agree that passengers and communities should have access to effective complaints and redress, but I do not believe that the case for a new aviation ombudsman has been fully made. I have had productive conversations with the hon. Member, and I understand that the hon. Member for Sutton and Cheam is raising this issue in order for us to tease out some of those difficulties, so I hope I can address those to some extent in this debate. Whatever I cannot address now, I can set out to the hon. Members in writing.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
I thank the hon. Member for Didcot and Wantage for this new clause on surveillance pricing. Airline pricing should be transparent and fair, and consumers should have the information they need to make informed purchasing decisions.
Airlines operating in the United Kingdom are responsible for setting their own fares in a competitive market, but they must comply with consumer protection law and requirements on price transparency. Where pricing practices use consumers’ personal data, businesses must do so in accordance with data protection requirements.
The hon. Member is right to point to concerns that many Members and members of the public have about surveillance pricing. He is also right to say, however, that the evidence on its application is not complete. It is a fair challenge that perhaps we need to do more work to discuss this matter. Clause 1 allows for reforms to price transparency, should they be required on the basis of that work. For that reason, I do not believe that implementing this new clause at this moment is appropriate. I hope that this provides reassurance that this is a matter that we can take forward through discussion with colleagues across the House in the future, and that the hon. Member feels able to withdraw the clause.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
I thank the hon. Member for Didcot and Wantage for the new clause, which seeks to implement an automatic compensation scheme for eligible flights within six months of Royal Assent. We do share the objective of ensuring that passengers receive the compensation to which they are entitled. However, the consultation that took place in 2022 demonstrated that reform of the aviation compensation regime is complex and involves a range of competing considerations. Further work is needed assess the merits, costs and practical implications of different approaches.
The new clause would require the Government to implement a specific solution within six months, before that work has been completed and the evidence properly evaluated. Any changes should be considered as part of the wider air passenger rights and compensation framework, to ensure that it remains robust and strikes the right balance. Clause 1 will allow the Government to make reforms in this area where the evidence supports them. I therefore believe the conversation is best had in the context of that clause, once we have achieved Royal Assent. The new clause is therefore unnecessary, and I ask the hon. Member for Didcot and Wantage to withdraw it.
Chair, am I now turning to new clause 9? Should I take both new clauses together?
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
I thank the hon. Member for Didcot and Wantage for tabling new clause 9, which seeks to establish a duty to provide information about flight delays. Passengers should receive timely, accurate and accessible information when their flight is delayed or disrupted. However, many of the matters addressed by this new clause are already covered by existing legislation and regulatory oversight. Airlines are already required to provide passengers with information about disruption and, where applicable, in accessible formats. The CAA monitors compliance with those requirements and recently conducted research on airline communications with passengers during disruption. The report looked at passengers’ preferences and made recommendations to airlines, and the CAA will work closely with industry to take those forward to improve passenger communications.
While the intention of this new clause is clear, it would create a new and highly prescriptive statutory regime, including requirements for updates every 30 minutes, regardless of operational circumstances. We do not believe that duplicating existing obligations is the most effective way to improve the passenger experience. Instead, our focus should be on ensuring compliance with, and effective enforcement of, the framework already in place, while retaining the flexibility under the Bill to introduce targeted requirements in future where evidence demonstrates they are needed.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
I thank the hon. Member for Didcot and Wantage for tabling the new clause, which seeks to require proposals for a national disruptive passenger database to be published within six months of Royal Assent. I must say, it brings me absolutely no pleasure to rain on the hon. Member’s parade in the way that I have done for the previous few new clauses that we have debated. However, there may be some rays of light in relation to this one, when it comes to action that the Government are taking in this space.
Disruptive passenger behaviour is completely unacceptable, and airline staff and passengers must be protected from those who engage in such conduct. That is precisely why the Government have announced work with airlines and trade unions to develop a new system for sharing information on persistently disruptive passengers that does not require primary legislation. That work is under way, and we are considering practical arrangements to improve information sharing while properly addressing data protection, fairness and operational effectiveness. Requiring the publication of statutory proposals within six months and prescribing specific features that they must contain risks pre-empting the ongoing work and limiting our ability to develop the most effective solution in partnership with industry.
I cannot express enough my agreement about how much of a significant problem this is. I recently met representatives from Unite the Union and GMB from Glasgow airport and Edinburgh airport. They described the appalling abuse that they get as members of staff from disruptive passengers, including being hit and spat at and having people screaming in their face. Because information sharing does not take place in the existing system, a disruptive person can just walk out of the airport, book a new ticket, walk back in and board a different carrier’s flight.
I am pleased to say that airlines and airports have been constructive and helpful in engaging with us on the work to develop this system and create a shared list of passengers, so that airlines can determine whether to allow them to board. We are making meaningful progress in this space. For those reasons, although we share the objective of the new clause, the Government’s existing work provides the right route to develop a proportionate and workable approach. I therefore ask the hon. Member for Didcot and Wantage to withdraw the new clause.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
I completely understand the hon. Lady’s encouragement for us to set out a timeline. This is being developed in consultation with private sector operators who are working through the data requirements and legal strictures that relate to information sharing of this kind. It is obviously a complicated process. That being said, I am happy to take this away and write to both her and the hon. Member for Didcot and Wantage and share whatever detail I can on how the scheme is likely to unfold.
Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)
When I recently visited the Bayeux tapestry, I learned that the British Museum was the first institution to ever have “British” applied to its name, and I am now reflecting on the fact that we have an entire classification of luggage named after our beautiful country. It is hard not to be filled with a flood of patriotism at the prospect, and it is hard not to be moved by the reflections of the hon. Member for Sutton and Cheam.
In my youth—some say it has not yet ended—I also experienced just the thing that the hon. Gentleman described. When I was on the way back from a rowdy holiday in Portugal, I flew on a carrier that will remain nameless, and I also felt the trepidation of looking down the line and thinking, “Oh no, I’m not sure my bag is going to fit.” Having to put on two hoodies and two pairs of jeans is not something that anyone should be subjected to, and in that respect, I feel his pain.
However, although the Government support clear information for passengers, and we expect airlines to communicate baggage allowances transparently, I feel that the new clause would impose what is a highly prescriptive statutory regime governing baggage sizes, weight limits and charging practices across the sector as a whole. Such matters are closely linked to airlines’ operating models and their commercial offerings, and any intervention of this scale would require careful consideration of its impacts on competition, consumer choice, operational efficiency and fares.