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

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Department: Department for Transport

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

Edward Argar Excerpts
None Portrait The Chair
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I call the Lib Dem spokesperson.

Olly Glover Portrait Olly Glover (Didcot and Wantage) (LD)
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I thank the right hon. Gentleman for his enthusiasm—it is not yet shared by those on the Government Benches, but perhaps that will come in time.

It is a pleasure to serve under your chairship, Mr Turner. Here we are with yet another Transport Bill Committee. People often say that transport is a boring, unsexy topic—

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Edward Argar Portrait Edward Argar
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It is a pleasure to serve under your chairmanship, Mr Turner. I rise to support amendments 5 and 6, and new clause 2, which were tabled by my hon. Friend the Member for Bognor Regis and Littlehampton.

May I say at the outset that it is a pleasure to again be serving on a Public Bill Committee relating to transport and to be opposite the Minister, who is an extremely decent and able Minister? In previous Public Bill Committees, even when he said no, he managed to say no to the Opposition’s suggestions in a very nice and gentle way. Let us see how he does this time.

It is also a pleasure to serve again opposite the hon. Member for Bexleyheath and Crayford—we served on the Railways Bill Committee together—and the hon. Member for Didcot and Wantage. May I also take this opportunity to congratulate the hon. Member for Birmingham Northfield on his elevation since we last sat on a Public Bill Committee together? It is well deserved, and I wish him all the very best in his new role.

The Minister has set out his opposition to the amendments and the new clause. Although I entirely agree with him about the importance of retaining a focus on safety, consumer protection and consumer rights, which is what the Bill is about, that does not necessarily sit in contradiction to what my hon. Friend the Member for Bognor Regis and Littlehampton said about economic growth. It is important that we keep that in mind.

The Minister might wish on a future occasion to come back to the point about costs, but I ask him now to reflect on pages 25 and 32 of the impact assessment, which show that the monetised benefits are the two aspects that are rated red because of the costs; they are both rated as negative, because of the costs on business and the broader costs. I heard what he said about the longer-term opportunities for this legislation to drive growth. Nevertheless, I would be grateful if he addressed that point—if not in relation to this set of amendments, then perhaps in relation to a future set of amendments, where it is in scope to do so—if he does not catch the Clerk’s eye in a negative way while doing so.

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Luke Taylor Portrait Luke Taylor
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It is a pleasure to serve in your presence, Mr Turner. As a vocal advocate of flying, it falls to me to acknowledge that, currently, flying is horrible, uncomfortable and stressful. On most occasions we arrive late, in a condition such that our initial reaction is to strip off all our clothes, shower and rid ourselves of the filth that we have been stewing in for hours in an aircraft. The fact that we all aspire to fly regularly shows that it is necessary, but there is an opportunity in the Bill to remove some of the stress, worry and discomfort in as minor a way as possible, to make the experience slightly less horrible. I will speak on amendment 25 and new clause 14, which I think are fair and proportionate attempts to reduce the stress and worry of the flying and airport experience in minor and sensible ways.

Like my hon. Friend the Member for Didcot and Wantage, I hope the Government see the wisdom of protecting parents and everybody else on an aircraft from the risk of an unaccompanied minor being seated next to a stranger. It is a reasonable expectation that someone should make a flight booking that covers themselves and their children, and that they should not be split to the four corners of the aircraft, forced to worry about persuading people to change seats to have the child under some level of control. For some parents that may be a blessing, and the thought of their seven-year-old sitting next to some poor soul at the back of the plane is attractive, but I think most of us agree that we should not subject random members of the public to that.

Amendment 25 takes a reasonable and proportionate approach to address the issue. I am interested to hear from the Minister on the Government’s approach as, unless I have missed it, it does not currently appear in the Bill. We would be minded to withdraw the amendment if the reassurance from the Minister were sufficient, particularly regarding how an adult is a person aged 16 and over, and how an adult requiring care should also be covered.

Edward Argar Portrait Edward Argar
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The hon. Member has painted a vivid picture of the realities of air travel, and he is eloquently explaining the thinking behind the amendment. I understand the intent—it is a worthy and sensible aim—but is he not concerned that the drafting of the amendment is quite tight? There may be times when an airline, because of circumstances beyond its control—the number of passengers, seating arrangements or whatever—would fall foul of the legislation because it does not allow the necessary degree of discretion.

Luke Taylor Portrait Luke Taylor
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The right hon. Gentleman is absolutely right. There are particular booking sizes, seating arrangements and issues relating to the geometry of aircraft in respect of which conflicting groups may well mean that the mathematical problem is not solvable. There would need to be redrafting to exclude those occasions, so that we do not subject airlines to fines for failure to achieve impossible requirements.

The goal of amendment 25, which relates to new clause 14, is to stop predatory charging for seat selection to avoid families and carers being split up and to give groups, families and carers confidence that they will be sitting together on the aircraft. My hon. Friend the Member for Didcot and Wantage made the point that assigned seating is relevant to air travel and not to other modes of transport because it is different in an aircraft, where assigned seating is particularly important to ensure that passengers are in the right part of the cabin, to be able to identify passengers with allergies or meal preferences, or because of things like weight allowances. The amendment reflects the need to protect the passenger—the consumer—as the Bill has rightly been introduced to do, in a proportionate way.

New clause 14 relates to the fact that passengers can sometimes choose a particular seat, whether in an exit row, by a window, or at the front or back of the plane, perhaps because they want to make a connection and so be able to leg it off the flight at the very first opportunity when they land. Airlines may choose to offer that product, and that is okay. However, what they cannot do is make families and carers pay that premium fee to ensure that they are able to support loved ones and, potentially, to protect other passengers from their eight-year-old flicking his porridge or scrambled eggs across the aisle. Amendment 25, together with new clause 14, would prevent that.

It is entirely within an airline’s ability to issue automatic refunds when services are not delivered. The right hon. Member for Melton and Syston argued that airlines might not be able to deliver due to the geometry or combination of passenger preferences, which is okay, but on occasions when an equipment change or groups mean that passengers have to be moved and the product they paid for is not available, the refund should be automatic. I agree with the premise that a new clause or amendment must be proved to be necessary—this new clause is necessary because the systems are able to do that today, but it does not happen. It is down to the consumer to chase an airline for a refund. They have to go through the rigmarole of emailing and potentially deploying their AI refund bot to get that fee returned.

Depending on the Minister’s response to amendment 25 and new clause 14, we will choose whether to push them to a vote or withdraw them.

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Keir Mather Portrait Keir Mather
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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.

Edward Argar Portrait Edward Argar
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I am grateful to the Minister for being typically generous in giving way. I suspect that all in the room will have received complaints from constituents about either very high charges for dropping off—I had one recently at East Midlands airport—or fines related to opaque regulations about dropping off at airports. Nothwithstanding the exact wording here, is the Minister open to reflecting on not just drop-off charges, but penalty notices associated with drop-off areas and charges at airports?

Keir Mather Portrait Keir Mather
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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) Debate

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Department: Department for Transport

Civil Aviation (Consumer Protection and Regulatory Reform) Bill [LORDS] (Second sitting)

Edward Argar Excerpts
Luke Taylor Portrait Luke Taylor
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I beg to move, That the clause be read a Second time.

I thank the Minister for the meetings he has held with my hon. Friend the Member for Horsham (John Milne) to discuss his new clause. However, there are still some concerns and issues that we would like to address on behalf of his constituents.

To be clear, the Liberal Democrats, including my hon. Friend, do support airspace modernisation. Communities across the country support it too, but modernisation works only if people trust the process that delivered it. At the moment, there is a risk that that trust is missing and that consent is not necessarily fully collected at the beginning of the process. Communities are asked for their views only once a draft design exists and, unfortunately, by that point—I have spent time in the aviation industry and know this full well—although choices have not necessarily been made, the direction and likely outcomes have been narrowed down to what is feasible, and there is often not a huge amount between many of the options.

The new CAP 1616 update, in force since 1 October, makes that feedback and collection of consultation and input more difficult still. Residents affected by proposed changes are not included in the earlier stakeholder reference groups, and locally agreed design principles have been replaced by national priorities. The sponsor decides who is consulted and how, and the gateways in the process have fallen from three to one, with post-implementation reviews removed. Although we understand the need to speed up the process, we feel that this has tilted too far towards expediting the process rather than allowing communities to meaningfully feed back. Before, during and after a proposal, there is no accessible independent route for a community to be heard. The only challenge available after a decision is made is judicial review, and that is not a realistic option for a village, residents’ association or group of residents wanting to bring its points forward.

Some will say that an independent review function existed, but was barely used and the CAA scrapped it. However, new clause 1 proposes something different. Low use of an old process is not an argument against producing a better one. Nor is this about slowing change: the purpose is to let communities feed in early so that problems are caught before decisions are made, rather than having to be fought afterwards. The Government have given conflicting signals on whether the Public Service Ombudsman can deal with regulatory decisions. A written answer in the other place said that it cannot, but on Second Reading, the Minister suggested that it could.

I have three questions to ask the Minister, which I hope he can respond to today. Were the PSO route and the first-tier tribunal route examined, and if not, why not? Why is aviation excluded from that tribunal? How do the Government plan to ensure in practice that communities are included throughout the process and that their voices can truly be heard?

Edward Argar Portrait Edward Argar (Melton and Syston) (Con)
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I understand entirely what the hon. Gentleman and his colleagues are seeking to do in new clause 1, but what assessment have they made of the financial implications of setting up this new route on a per annum basis?

Luke Taylor Portrait Luke Taylor
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That is a good question, and I think the principle there would be to shift it on to the Government to say what the assessment of the cost would be. The cost was used as a reason to push back on this, but it did not appear to have been calculated. If the cost is unknown, I would suggest that that slightly weakens the argument that it is excessive.

There will obviously be a trade-off between the cost, the delay and the additional time taken to deliver these changes with the ability of communities to meaningfully feed back. Ultimately, this is about taking communities with us, because as we have said a number of times today—and different colleagues have made this point at different stages—we have to take communities with us in the changes that we are making to airspace, flightpaths, and approach and departure routes so that everybody can feel like their input is being considered. In that way, we do not lose that public consent and engagement with the process, and people are still encouraged to apply and feed back in future consultations. I am interested in hearing the Minister’s responses to my three questions.

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Edward Argar Portrait Edward Argar
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I hesitate to interrupt the hon. Gentleman’s flow of rhetoric highlighting the golden age of air travel, as he may or may not characterise it. I do not disagree with the challenges that can be faced and the fact that people make ordinary mistakes, but is there not a simple way of doing this? Before going to the airport and getting on a plane, people should check the requirements on the website and make sure that the bag fits them.

Luke Taylor Portrait Luke Taylor
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The right hon. Gentleman is correct that checking the website could protect the passenger, but the problem is that these are arbitrary sizing decisions so they can be changed at any moment. Should Ryanair need to prop up its bottom line this season by taking another 5 cm off its baggage sizing, there is nothing to restrict it from doing so. The Bill offers the opportunity to set minimum standards for passenger service and to give passengers power and protection from predatory practices. I think we should grasp that opportunity, and that is why the new clause is so necessary.

To begin to conclude, the race to the bottom that Lord Hendy described is not the worst-case scenario; it is what is actually happening today. We live today under the tyranny of the gate agent’s sizing frame. The new clause would throw off that yoke and release us into a free market of airlines competing on passenger experience, service and price, rather than on their fear at sea level before they even board that terrible, fragile, flammable metal fart tube of misery. Please support new clause 8 today—not just because it is right, but maybe so I do not have to subject Members to this rant all over again during the Bill’s remaining stages.