Draft Transport Act 2000 (Air Traffic Services) (Prescribed Terms) Regulations 2025
(2 days, 7 hours ago)
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The Parliamentary Under-Secretary of State for Transport (Mike Kane)
I beg to move,
That the Cttee has considered the draft Transport Act 2000 (Air Traffic Services) (Prescribed Terms) Regulations 2025.
It is a pleasure to serve under your chairmanship, Sir Jeremy. The UK’s airspace is a vital piece of our national infrastructure that is essential to economic growth, connectivity and national resilience. Last year, there were more than 2.4 million flights using UK airspace, but despite a significant rise in air traffic demand, the structure of our airspace has remained largely unchanged since the 1950s, when there were around 200,000 flights. Today’s flight paths remain largely based on a system that relies on a network of outdated ground-based navigational beacons. As a result, aircraft today fly less efficient routes and are unable to take advantage of modern aircraft technology and performance. If a pilot from the 1950s travelled through time, they would still know the exact routes used today. That has to change. It leads to increased fuel consumption, greater risk of delays and, as a result, higher carbon emissions. Without modernisation, National Air Traffic Services estimates that, by 2040, one in five flights could face delays of more than 45 minutes.
There is a plan to fix this: the airspace modernisation strategy, set out by the Department for Transport and the Civil Aviation Authority, and committed to by the Labour party in its manifesto at the general election. I am grateful to Government and Opposition Members who I know will support the regulations that we are considering today, which are one of the most important ways of enabling the plan for decarbonisation and improved routes to be realised. Modernised airspace will enable greater capacity, improve resilience to disruption, and help UK aviation to achieve net zero greenhouse gas emissions by 2050.
The regulations are made under powers conferred by the Transport Act 2000, for which I thank John Prescott. Under that Act, the Secretary of State may modify and prescribe terms in an air traffic services licence. This instrument designates as “prescribed” any terms specifying air traffic services authorised under a licence, and any terms specifying the area in which those services may be provided. In practice, this will allow the Secretary of State to modify the terms in the air traffic services licence granted to NATS (En Route) Ltd—a public limited company known as NERL—to create and fund a new UK airspace design service, UKADS.
If the regulations are approved and come into force, they will enable a series of important steps to happen. The Secretary of State will consult on modifications to the terms of NERL’s licence, in accordance with the procedures set out in section 11A of the 2000 Act. The CAA will undertake its own separate consultation on the changes to the conditions of the NERL licence, following the statutory requirements laid out in the same section of the Act. The combined results of the changes, if adopted following consultation, will be to authorise and require NERL to provide the UKADS and enable it to charge for doing so.
Airspace modernisation is not just a technical upgrade; it is a national strategic necessity to ensure that our skies remain safe, sustainable and capable of supporting the UK’s future prosperity and innovation. The draft regulations will enable the UKADS to deliver the benefits of airspace modernisation and to ensure that the UK continues to be a global leader in aviation for decades to come. I commend the regulations to the Committee.
Gareth Bacon (Orpington) (Con)
It is a pleasure to serve under your chairmanship, Sir Jeremy.
A glance at the draft regulations might give the impression of a proposal that is short and easily resolved but, as the Minister’s speech demonstrates, this is not an issue with simple answers. In fact, the regulations are part of a wider topic of airspace modernisation, which is a matter of considerable complexity. I have no doubt the Minister is aware, from what I suspect are hundreds of pages of reports and strategies placed on his desk by officials since he he arrived in office, of the significant work that was conducted by the previous Government, the CAA and a wide range of other stakeholders on airspace modernisation. Recognising the importance of airspace modernisation, the previous Government provided £9.2 million to maintain progress and enable sponsors to co-ordinate their programmes during an existential period for the industry during the pandemic. That work has, without doubt, gained fresh impetus following the Chancellor’s announcement of airport expansion earlier this year.
While that announcement appeared to have been made by the Treasury without a full appreciation of the scale of the task involved, this draft statutory instrument is an important part of delivering on that intention. At the time, I said to the Transport Secretary that the Opposition support aviation expansion in principle, because it delivers economic growth. I reiterate that stance today, and we will not divide the Committee this afternoon. I do, however, have some questions for the Minister, which I will come to at the close of my remarks.
The arguments in favour of airspace modernisation and the actions taken to facilitate it are obvious, and the Minister has outlined many of them. Anyone who has returned home from holiday and found themselves circling the airport endlessly will welcome the measures to improve the efficiency of our air corridors. In September last year, easyJet published its work illustrating the potential for emissions reductions through greater efficiency. The Government’s own impact assessment suggests that the current proposal will result in substantial fuel savings over a 15-year appraisal period. At a time when the Government are increasing costs for travellers, it is all the more important that the draft regulations allow operators to fly more efficiently and, I hope, pass those savings on to passengers.
The aviation sector is one of the UK’s most successful industries, and our focus should be on how we support and improve it, not hold it back. In that light, not to embrace this opportunity to increase efficiency, to reduce fuel use and emissions, and potentially to reduce delays and noise would be a significant mistake. However, it is not that simple, because airspace modernisation will inevitably create winners and losers. While it will deliver greater fuel efficiency, reduced flying times and associated cost savings to airlines and, I hope, to passengers, changing flight paths will of course be a double-edged sword. Some people who live under a flight path will be removed from it and no doubt grateful for that, but others who do not live under flight paths now may may do so in the future; they can be expected, naturally, to be far from happy.
As with airport expansion, the creation of the UKADS to simplify that process may also face challenges. While a majority of the stakeholders supported the principle during the consultation, 33% of those who did not oppose the proposal did in fact answer “maybe” in their response. That included one third of the respondents from the commercial aviation sector, whose buy-in the Government will need for the proposal to succeed. NATS, the only organisation the Government say is capable of handling those responsibilities—we do not dissent from that—responded to the consultation by stating that therefore
“the accountabilities and responsibilities of UKADS must be more clearly defined.”
That is not to say that the proposal will not work, but I believe that further clarity is needed on some broad questions. For example, can the Government confirm that the necessary skillset is available to lead the changes? Will the Minister provide assurances to smaller airports that the structure of the new arrangements will recognise and reflect the unique challenges that those locations face? Does he believe that there will be sufficient expertise within the UKADS to support airspace modernisation outside London in a timely manner, so that progress elsewhere is not held back simply because the initial focus is on London’s vastly more complicated airspace?
Finally, I will address communication and transparency. During the consultation and following the policy announcement, it seems that some local organisations responded negatively and suggested that the concerns of local communities were being overlooked or ignored. I therefore ask the Government to give serious consideration to how they can provide maximum transparency around the process. In that light, my final question is: will the Minister commit to ensuring that the new body communicates its proposals with full transparency?
Mike Kane
I am grateful to the hon. Member for Orpington for stating the Opposition’s support. UK aviation enjoyed its most successful month in history in April. Over the next 20 years, we are looking at the doubling of numbers in aviation, and freight as well, so modernising our airspace is critical to making sure that there is resilience in the system.
Work was done under the previous Government, and I pay tribute to the former hon. Member for Witney, Robert Courts, for what he did, but Governments become sclerotic and the last Government did not get this measure over the line. I was glad that we committed to do it in our manifesto. What we are doing today by implementing that manifesto commitment and putting it into law will be a huge confidence boost for the aviation industry. When I have spoken to industry representatives, as I do all the time, including this morning, they tell me they have been looking forward to today, because the measure is a statement of commitment and intent.
The hon. Member for Orpington is absolutely right: who knew that flying in a straight line would cut carbon emissions? EasyJet gives the example of the journey from Jersey to Luton airport wherein the aircraft burns a third more fuel because of the path it has to take. Flying in a straight line is better for customers and for the environment, and it will produce fuel savings. He talks about winners and losers, but this measure also allows us to analyse take-offs and landings and varying routes, so we can mitigate impacts on communities. That is key.
The skillset is an essential element of that. Until now, the skills have been dissipated throughout the country. This measure puts the skillset into one place in the UKADS. That means we can concentrate on the most congested skies in the south-east, but it does not stop us doing what we need to do in the Scottish, northern and south-west airspaces. There will be funding to make sure that those other regions benefit, including smaller airports, which the hon. Member asked about. I will also commit to full transparency as we go through the process and get it over the wire to modernise airspace, so that the British aviation set-up has a confident future.
The Chair
Does the hon. Gentleman wish to contribute? He did not indicate that he did when I looked at him meaningfully earlier, but he is just in time if so. I call Paul Kohler.
Mr Kohler
It is a pleasure to serve under your chairship, Sir Jeremy. We welcome steps to better co-ordinate the fractured and complex system of managing airspace. It is important to bring it into the 21st century by delivering flight paths that cut emissions and ensure that journeys can be quicker, quieter and cleaner. The creation of a single guiding mind to co-ordinate and sponsor future airspace changes is a positive step and something that my party warmly welcomes.
We recognise that without modernisation, not only will there be unnecessary capacity constraints, but outdated flight paths will constrict innovation and stand in the way of future advances, including essential low and zero-carbon developments in the sector. It is vital, however, that the new organisation works closely with the communities affected by noise and air pollution—as has been said, there will be losers as well as winners—and that local communities feel that their voice is being heard when changes take place.
We understand that London will be the first area that the UKADS considers. Can the Minister clarify the timeline for the creation of the new service and when we can expect the work on the modernisation of London’s airspace to commence? Can he give any indication of how long the Department envisages it will take for the UKADS to publish and consult on its draft proposals? Finally, will the Minister set out what steps the Government are taking to ensure that UKADS works closely with the public, so that the communities affected by the changes are and feel properly consulted?
The Chair
The Minister is under no obligation to speak again, but I know he is a generous man.
Mike Kane
I thank the hon. Member for Wimbledon for his support; we have the whole House behind the measure. I commit to laying out the details of the steps for setting up the service, how much it will cost and what the consultation will be as we go forward over the next few years.
Question put and agreed to.