Drones: Consultation

Debate between Lord Balfe and Baroness Sugg

Tuesday 29th January 2019 Lords Chamber

[Lord Balfe (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and draw attention to my interests as listed in the register.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Sugg) (Con)]

My Lords, the Government have a wide range of engagement with industry on the operation of drones in UK airspace, and the government response to the latest formal consultation was published on 7 January. The Department for Transport will continue to work with the British Airline Pilots Association and the Guild of Air Traffic Control Officers, airports, drone manufacturers and other key stakeholders on all issues relating to the operation of drones in UK airspace, including airspace modernisation.

[Lord Balfe]

I thank the Minister for her reply. I refer, in particular, to the airspace modernisation strategy committee and point out that a very good reason for including BALPA and GATCO on it is that they have first-hand practical experience of the complex operations of both flying through airspace and regulating it. They will have a lot to offer when this new strategy is developed.

[Baroness Sugg]

I thank my noble friend for the work he does in his role as president of BALPA and his highlighting of aviation issues both inside and outside the Chamber. It has not been possible to offer every stakeholder a seat on the airspace strategy board, but the DfT and CAA are working with GATCO and BALPA to ensure they have the appropriate representation in the governance structure. Given their expertise and, as my noble friend points out, their practical experience, we really value BALPA and GATCO’s ongoing input and we will continue to work with them to consider what sub-committees they should sit on as part of the new airspace modernisation programme.

Drones: Consultation Response

Debate between Lord Balfe and Baroness Sugg

Monday 7th January 2019 Lords Chamber

[Baroness Sugg]

The noble Lord is quite right that in July we brought in a one-kilometre aerodrome restriction, but that was always meant as an initial measure. We did not have any protection beforehand, and that is the case with many countries. It was an interim measure and we said at the time that we would work very closely with the aviation industry, pilots’ unions, including BALPA, and NATS to question whether the restriction zone was large enough. We have come to the conclusion that it is not. Obviously hundreds of thousands of people live within a five-kilometre boundary of airports, so we need to make sure that we have the right exclusion zone. However, we have had conversations about this matter and have now seen evidence that, in order to ensure safety, we need to extend the restriction, and that is exactly what we are doing.

The noble Lord also rightly points out the issues around prisons, and the Ministry of Justice and the Home Office are working very closely on those. Last year they launched Operation Trenton to work together to intercept drones and track down the criminals behind them. To date, there have been 17 convictions related to drone activity and that work will continue, but it is the same challenge. The correct technology does not exist at the moment, although it is being developed very quickly. As a department and as a Government, we have invested in the extension of that technology and there are lots of interesting commercial opportunities too. As the technology develops, it will help airports and prisons, as well as this building and other important infrastructure.

[Lord Balfe (Con)]

My Lords, I draw attention to my entry in the register as president of BALPA, which welcomes the Minister’s Statement. The whole issue of drones is incredibly complex—it is not just a case of a drone in an airport. Drones have a legitimate part—and will have an increasing part—in integrated airspace policy. I believe that we are only just beginning to see the potential of drones, which will be developed. BALPA certainly welcomes the exclusion zone being extended, but we hope that the planned legislation will be brought forward fairly soon. One reason for that is that when legislation comes to this House it is thoroughly examined. People will look at the detail. The consultation is important, but I am sure that the examination in Committee, clause by clause, particularly in this House, which has a good base of knowledge and reputation for looking in detail at these questions, will help the Government and the country to bring this forward.

As I have said to the Minister, and I know that she agrees, this is a matter not of party politics but of civilian safety and of getting a regime which, once it is put in place, will command the support of all sections of this House. So I urge her to bring that forward as soon as she can, and to sponsor urgent research into drone protection technology. That is another area which is very important and with which, as I told the Minister earlier today, BALPA is willing to assist—including financially, if the Government are a bit strapped for cash.

[Baroness Sugg]

I thank my noble friend for that contribution. Obviously, safety is of paramount importance and continues to be our priority. I will take the opportunity to thank BALPA for its work on this; we are pleased to be able to deliver an extension to the restriction zone. My noble friend is quite right that this is not party political; there is a will on all sides to get this legislation through and to get it right. I look forward to taking it through the House. We will publish the draft Bill shortly and will absolutely welcome noble Lords’ scrutiny of it. I have mentioned that we are already investing in research around counter-drone technology. The Centre for the Protection of National Infrastructure did significant pieces of work on this last year and will continue to do so this year. It will ensure that the advice it gives on counter-drones is available to airports and will give training courses and guidance documents.

However, I agree that we can do more. The noble Baroness is right to say that we are very thankful that no one was harmed in the Gatwick incident, but it has highlighted the importance of ensuring that we have the proper counter-drone technology in place. We are determined to do that and I thank my noble friend for his offer of a financial contribution. As I said, the Government have already invested in this, but I will take that back to the department.

Brexit: Aviation

Debate between Lord Balfe and Baroness Sugg

Tuesday 6th March 2018 Lords Chamber

[Baroness Sugg]

I am afraid I will have to disappoint the noble Baroness in that our general aviation champion will not be dealing with the proposed new runway at Heathrow.

[Lord Balfe (Con)]

My Lords, clearly general aviation is going to have its demands but also this week we have been talking about the Government’s housing policy. Can the Minister tell the House how general aviation and the housing demand will be fitted together in the move forward?

[Baroness Sugg]

The general aviation champion is tasked with establishing a strategic network of aerodromes which will ensure the balance between transport and housing development priorities.

Laser Misuse (Vehicles) Bill [HL]

Debate between Lord Balfe and Baroness Sugg

Report stage (Hansard): House of Lords
Tuesday 27th February 2018 Lords Chamber

[Lord Balfe (Con)]

My Lords, I draw attention to my entry in the register. The Bill is a good example of a common endeavour in this House. Because they are passionate about aviation safety, all sides of the House wish to have a successful Bill. I thank the Minister for listening to all the groups that have responded, particularly BALPA, of which I serve as vice-president. We are extremely grateful to the Minister for the efficient and open way in which she has handled this matter. I place that on record as we come to the end of this stage.

[Baroness Sugg]

My Lords, I welcome the support for the creation of this new offence, which strengthens the Bill. I am grateful to noble Lords for their contributions in favour of the proposal. Thanks to this, and the other improvements suggested by noble Lords and discussed today, the Bill leaves your Lordships’ House as a better piece of legislation than it was when it arrived.

Drones

Debate between Lord Balfe and Baroness Sugg

Tuesday 21st November 2017 Lords Chamber

[Baroness Sugg]

My Lords, I am indeed aware of the evidence put forward by BALPA on the danger that drones can pose to aircraft and helicopters. I understand the need to move on this and we are taking action. Since the consultation response, we have been assessing the best way to implement the legislation, which will include the registration of drones and leisure pilot tests. We are engaging internationally on developing the best practice for drone rules, and we are reviewing and exploring the other possible policies that we set out for further consideration.

[Lord Balfe (Con)]

My Lords, I draw attention to my entry in the register as vice-president of BALPA, which is very pleased with the Government’s response. This issue was debated during consideration of the Space Industry Bill when both the present Minister, who was then a Whip, and her predecessor gave undertakings. BALPA is looking forward to the Government producing the due legislation at a very early stage, as they have promised to do, as we know the Government wish to avoid any accidents.

[Baroness Sugg]

My Lords, as the noble Baroness, Lady Randerson, said, this report was into passenger airliner and helicopter windscreen vulnerability. We are very grateful to BALPA and the Military Aviation Authority for their work on this. The results are concerning, and we have asked the CAA to consider the evidence. It will be publishing a report on the risk analysis by the end of the year. Of course, we use this evidence in developing legislation and influencing international regulations.

Space Industry Bill [HL]

Debate between Lord Balfe and Baroness Sugg

Committee: 3rd sitting (Hansard): House of Lords
Monday 23rd October 2017 Lords Chamber

[Lord Balfe (Con)]

My Lords, I declare an interest as vice-president of the British Airline Pilots Association and president of the British Dietetic Association because the point I want to make is a trade union one. Amendment 51 contains an impressive list of bodies. I am sure the Minister will point out that there is no need to consult all the people listed on all the regulations that may be made, and I hope he will then say that it will of course be his policy to consult any relevant bodies to get their opinions before any regulations are made. I would like the Minister to say as part of his reply that that will also include the appropriate trade unions that represent people who will be affected. It is important that the Minister consult all the interested parties, and a specific mention of the importance of consulting the appropriate trade unions would be welcome.

[Baroness Sugg]

My Lords, it is of course important that regulations are made within the scope of the delegated powers in the Bill and that they are subject to appropriate parliamentary scrutiny. We have thought very carefully about the delegated powers and the oversight of such powers in the Bill and, as my noble friend Lord Callanan mentioned, we have also taken on board a number of recommendations made by the Delegated Powers and Regulatory Reform Committee. However, I note that some of the amendments we are debating here relate to recommendations by the committee that the Government have not accepted, or indeed have been raised by the Select Committee on the Constitution.

Amendment 44 relates to the broad regulation-making power for carrying a Bill into effect and seeks to remove it. I understand the intention behind the amendment and the concern that it may undercut judicial review in the event that the Secretary of State exceeds his or her delegated authority. I assure noble Lords that the Government do not believe there is any need for concern in this case. The scope in Clause 1(1) provides a limitation on the exercise of powers by the Secretary of State in making regulations. That will ensure that only regulations relating to the activities that are the subject matter of the Bill can be made by Ministers. If the Secretary of State were to exceed his or her delegated authority in making regulations under the clause, that ultra vires exercise of powers would be subject to judicial review.

In Committee last week, some concerns were raised about what “associated activities” were contemplated within the scope. These would cover only matters, such as the regulation of spaceports and the provision of range control services, that have a direct link to spaceflight activities. The purpose of the Bill covering associated activities is to provide for activities to be regulated only where there is no current applicable regulation or oversight, and where it is appropriate and necessary to regulate those activities.

The next set of amendments deal with changing the proposed initially affirmative and subsequently negative procedures to affirmative on all occasions. Noble Lords raised their concerns about this approach during our debate last week. I understand that this procedure could possibly be open to abuse. Noble Lords have argued that the Government may make the initial instruments skeletal and leave the detail to later instruments, thereby denying Parliament the opportunity to thoroughly examine the content of the instruments. I reassure noble Lords that this will not be the case. The Government are well aware that if that were to happen, the Joint Committee on Statutory Instruments would be likely to report it as an unexpected use of powers.

The development of the first sets of regulation—including those on safety and security—will be subject to a rigorous stakeholder engagement process over the coming months. This will include a call for evidence that will give everyone, including noble Lords, the opportunity to input into the development of the instruments. The Government will then issue a full and wide-ranging consultation on each of the initial draft statutory instruments prior to their being laid. I assure noble Lords that if there were any material change to the original instruments, there would be further consultation. In light of these safeguards, we believe that the current procedure set out in the Bill provides appropriate and proportionate parliamentary oversight.

Moving on to Amendment 51, it is of course important that interested persons are made aware of proposed legislative changes which may affect them, no matter how minor the change. Although we welcome the spirit of the amendment, the Government believe that creating a statutory obligation to formally consult all listed bodies and persons on any proposed amendment is unnecessary. It is not appropriate to do this for all changes made through regulations—for example where minor, incidental, transitional or saving provisions are required.

However, if the intent behind the noble Lord’s amendment is to ensure that the Secretary of State is able to demonstrate that he is seeking the views of the parties that will be impacted by the changes, we can absolutely assure noble Lords that that will be the case. In line with existing practice under better regulation principles, the Government will continue to engage with regulators and other interested persons as appropriate, including the devolved Administrations, when contemplating making legislation affecting them. This will involve full consultation with a wide range of stakeholders where substantive changes to regulations that affect their interests are proposed.

My noble friend Lord Balfe mentioned trade unions. As I said, we intend to consult widely and publicly, which will of course include relevant trade unions. I hope that I have responded to noble Lords’ concerns. As I said on the previous group of amendments, we are listening to the concern raised from all parts of the House and will take it back and reflect ahead of Report, but I ask the noble Lord to withdraw his amendment.