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

I beg to move, That the Bill be now read a Second time. Today is an important day, as this Bill starts its Commons journey, but it is a hard day on which to talk about the criticality of our civil aviation sector, given the disruption endured by so many over the past 24 hours. With your permission, Madam Deputy Speaker, I will take a few moments to address this issue. A four-hour air traffic outage yesterday left hundreds of thousands of passengers facing cancellations, diversions and delays. I apologise wholeheartedly to passengers for that disruption. We often take for granted the way in which our aviation system just works, but yesterday that was not the case. Safety must remain the overriding priority for air traffic controllers. This morning I spoke to the chief executive of the National Air Traffic Services, Martin Rolfe, who informed me that this outage was due to a technical issue at their Swanwick site. While my understanding from that is that we can rule out a cyber-attack on this occasion, I do not believe this issue was unavoidable. We also spoke this morning about how NATS responded to resolve and minimise the disruption as quickly as possible. I am grateful to the airports and airlines that responded straightaway, but I am clear that passengers should not have to face this disruption. I have therefore asked the Civil Aviation Authority to conduct an independent review, to establish cause and ensure that our air traffic control systems can get passengers where they need to be. The review will report to me within six months. Robust systems that support our national infrastructure are the bedrock of the measures contained in this Bill, from better rights for disabled passengers and modernised airspace to slot reform and quicker enforcement of passenger rights. While passengers undeniably experienced a bad day yesterday, it is still true to say that few industries match the ability of aviation to adapt, evolve and innovate. For generations it has pushed the boundaries of what is possible, from faster aircraft and new destinations to safer technology and cleaner fuels. Bad days, like yesterday, just serve to underscore how central aviation is to Britain’s success, not only making our summer holidays and family reunions possible, but connecting businesses to the global marketplace and supporting thousands of skilled jobs across our island nation. Right now, fresh challenges and opportunities are emerging. Drones are beginning to transform our airspace and flight numbers are climbing year after year, all while global headwinds continue to put enormous pressure on the sector and those who depend on it.

I am really grateful to the Secretary of State for updating the House on the NATS outage and what she and colleagues are doing to ensure that it is sorted out speedily. Does she anticipate that the review she has ordered will be the way in which we ensure this never happens again? So many of us have constituents who have been very badly and unacceptably impacted by these delays.

My hon. Friend is right to raise the impact on people who were caught up in this disruption. I have read reports of people having to sleep overnight in airports and people who have potentially missed weddings, so we cannot say enough about how important it is that we address this problem. I have learned in politics that absolute guarantees when it comes to managing the operation of a vast and complex transport system can be unwise, but what I can say is that I will leave no stone unturned in seeking to understand what has happened here and what can be done to drastically reduce the likelihood of something like this ever happening again. We need to ask tough questions about the resilience of NATS’s systems and progress with planned upgrades, and we need to think about consumer redress issues.

I thank the right hon. Lady for her comments and for recognising the NATS issue. However, given its importance to the House, will she make a statement tomorrow so that questions can be asked then, rather than during a Second Reading debate? Members across House have lots of questions about this serious matter.

I am keen to address these significant issues today. The public would rightly expect the Transport Secretary, while standing at the Dispatch Box, to answer questions here and now, so I am happy to take any interventions. As many colleagues will know, most civil aviation legislation is assimilated EU law, and the Government’s power to update it has now expired. The Bill will restore that power, giving the Government the flexibility to regulate at a pace that will enable us to keep up with the world around us. I should say that I am very grateful to my noble Friend the Minister for Rail for his excellent stewardship of the Bill through the other place. I will now outline the main elements of the Bill and what we hope it will achieve. Aviation serves millions of us well each year, but when things go wrong, passengers must have confidence that they will be protected. The Bill will allow passenger rights to be bolstered through secondary legislation, helping us to tackle the issues that matter most.

Other jurisdictions and countries around the world have taken steps to look at the issue of fume events in aircraft cabins. When such events happen, there is no requirement to engage with passengers and let them know, and there is a lack of regulation and scrutiny. Will the Minister meet me and the other members of the all-party parliamentary group on cabin air quality to look at the issue?

The Minister with responsibility for aviation, my hon. Friend the Member for Selby (Keir Mather), has kindly just said that he will be very happy to meet the hon. Gentleman to discuss that in more detail, and I know it is something that my officials are looking at. The Bill provides extra consumer protection on the things that matter most, whether that is delays, cancellations, baggage and, crucially, accessibility. The Government listened carefully to concerns raised in the House of Lords about the experience of disabled passengers and those with reduced mobility. That is why we are committing to consult on a range of accessibility issues. We want to hear directly from passengers about the problems they face and what we can do to ensure that everyone feels safe and is able to fly. We have also acted immediately to scrap the unfair compensation cap for damaged wheelchairs and mobility equipment on domestic flights. Those items are essential to the lives and livelihoods of many disabled people, and lifting the cap reflects that reality. I hope the whole House agrees that this was absolutely the right thing to do. Turning to enforcement, the Civil Aviation Authority currently relies on slow and resource-intensive court action to secure redress for consumer protection issues. The Bill will grant the CAA direct enforcement powers for consumer protection, bringing it in line with other regulators such as the Competition and Markets Authority. That means faster action when rules are broken and less burden on consumers to fight for what they are owed. Taken together, these measures will ensure that all passengers have meaningful, enforceable rights that help them to travel with ease and confidence. The Bill will also help to unlock the full potential of our aviation infrastructure, driving economic growth across the country. The UK has some of the world’s busiest and most complex airspace, yet much of it is still based on designs from the 1950s. An aviation industry fit for the 21st century simply cannot rely on infrastructure that was built for the last.

The UK aviation sector is one of the best in the world. Glasgow international airport, in my constituency, has recently been very successful in attracting new routes. Can the Secretary of State confirm that further such expansion will not be hindered by slow regulatory frameworks?

We want to move swiftly on these issues, and the provisions in the Bill are designed to do just that. I recognise that Glasgow airport is an important economic hub for my hon. Friend’s constituency, and I look forward to discussing with her what more we can do to support it. I was talking about how our airspace is still based on designs from the 1950s. That is why this Government believe that we must move quickly to modernise that airspace, for reasons of safety, reliability and capacity, and for the communities who deserve cleaner and quieter skies.

Many people in my constituency work at the nearby Heathrow airport, so it is extremely important for jobs, but for many other constituents the noise of the airport can be annoying and they worry about emissions. Does the Secretary of State agree that airspace modernisation offers an opportunity to stop that stacking of aircraft over west London and to have quieter and cleaner aircraft, which would reduce noise and emissions? Will she also confirm that this Bill will still allow local people to have a say on any decisions on airspace modernisation?

I can guarantee my hon. Friend that there will be meaningful consultation with local communities about airspace changes—this Bill does not change the processes around that. I also appreciate the impact that noise has on local communities, and nothing in the Bill changes the process that will take place, for example, in the case of expansion at Heathrow. My hon. Friend will be aware that the draft Heathrow expansion national policy statement, which we have consulted on, includes a proposal for a night-time ban for 6.5 hours, between the hours of 11 pm and 7 am. I guarantee that I will continue to work with her and other London colleagues on these important and sensitive issues. Airspace modernisation is important, both to tackle noise issues and to reduce greenhouse gas emissions from aircraft—if we can have planes pursuing simpler, more direct flight paths, that will reduce the amount of time that those planes are in the air. However, the truth is that if we do not act on airspace modernisation, it will be passengers and businesses that end up paying the price, with up to one in five flights estimated to face significant disruption by 2040 unless we act. That is why we have wasted no time in setting up the UK Airspace Design Service, which is already getting on with the job. This Bill strengthens the Government’s ability to ensure that airspace changes that have been properly consulted on and approved are delivered. We are also updating the rules on who can be charged for air traffic and air navigation services, so that costs can continue to be recovered fairly as new airspace users emerge. Finally, we are making it easier for the Government to respond quickly and proportionately to pressure on the aviation sector.

With regard to noise specifically, the Government recently reduced the height at which noise is considered an important factor, from 7,000 to 5,000 feet. Noise between 5,000 and 7,000 feet now has less impact on decision making. That change was not meaningfully consulted on; it was just made and enforced on everybody. It has an impact in my constituency, and perhaps in many others. Will the Secretary of State comment on how that decision was reached and whether it is changeable?

It is not the case that noise above 5,000 feet will not be considered in airspace design changes. This is about the relative balance between noise considerations and greenhouse gas emissions. We need to find a simpler way of making these changes, because the previous mechanism was too cumbersome, and I believe that this is a sensible and proportionate change. I was talking about some of the changes that this Bill will enable the Government to make in future, so that we can be more responsive and flexible as a Government.