Lord Davies of Oldham
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Lord Davies of Oldham
Lord Davies of Oldham
My Lords, Amendment 2 seeks to amend the government amendment which the noble Earl, Lord Attlee, has commended to the House. I commend his work to the House, too, because he has responded to the pressure exerted in Committee about the failure of the Bill to address significantly the role of aviation and the regulated airports in relation to the environment. Environmental issues are high on the nation’s agenda and the contribution of aviation in this regard is of considerable concern. The Opposition have sought to work constructively to improve the Bill and I am grateful to the Minister for his attempts to do so.
I do not shy away from the fact that, were his amendments carried, they would represent an improvement to the Bill, but not significant enough an improvement for the issue concerned. After all, the Government constantly seek to bask in their green credentials, but in recent months, tensions have been exposed as they wrestle with the practicalities of the green agenda. The nation is conscious of the fact that a certain amount of backsliding has been going on. That showed itself in the support offered to home insulation and in the clash between Ministers in the Department of Energy and Climate Change when the Secretary of State was effectively forced to correct the position adopted by a junior Minister on the issue of wind farms.
Of course, on the issue of aviation, we are all too aware of dither and delay. We all know that the most significant issue of all facing the Government is the future of airports in the south-east and how they are meant to cope with the demand predictions of the future. This issue—I refer in particular to the graphic case of London Heathrow—has been kicked into the long grass of a post-election report. Sir Howard Davies is not to produce his analysis of what needs to be done until after the next general election.
The Bill had its origins under the previous Administration and under that Administration it was clearly indicated that there would be significant concern about aviation as regards the environment and that the Bill would set out to make provisions to meet the necessary responsibilities. We were to expect clarity in the Bill, yet we seem to have the same evasion in the Bill as we have seen with regard to other crucial areas of policy.
Lord Trefgarne
My Lords, my noble friend has moved Amendment 1 and the noble Lord, Lord Davies, has moved Amendment 2. Amendment 2 may have some merit to it but I am having some difficulty in connecting his speech to the amendment.
Lord Davies of Oldham
My Lords, I was coming to that. The noble Lord has anticipated my very next sentence. It was necessary to identify the context because that explains why, on a consensual Bill, on which we have sought to work with the Government to improve the Bill and on which we recognise the efforts of the Government represented in Amendment 1, there is still a crucial area of difference. The government amendment is expressed in terms of the desirability of each holder of a licence. Power does not seek to emphasise desirability; power seeks to define will: what the Government want to see happen, not what they would like to see happen, as if in some way they can rely on a general response of good will. Of course, in many areas they can, but this is an area of crucial aviation policy with regard to airports. Our amendment to the government amendment says that, in place of a fairly wishy-washy concept of desiring that things should happen, there should be an obligation.
That issue is clear enough, and important enough, for us to press this issue despite the good will of the Minister and the efforts to respond. The response is too mealy-mouthed to achieve the objectives that this Bill should achieve with regard to the protection and improvement of the environment. It will become clear during the proceedings today that on many aspects of the Bill we agree with a great deal of what the Government are doing. However, in this area, the government amendment does not stand the test. That is why I have tabled this amendment. I beg to move.
Earl Cathcart
My Lords, I am by and large happy with the government amendments in this group and will talk particularly to Amendments 1 and 7. The wording is not precisely what we asked for, but my noble friend Lord Attlee has clearly listened to the arguments expressed in Committee, on all sides, and has gone a long way to addressing these concerns.
I will say something on Amendments 2 and 8 in the name of the noble Lord, Lord Davies. I share his concern that “desirability” is rather limp—I think the noble Lord used the word “wishy-washy”. I would much rather have seen the word “duty” in there, as I feel we all have a duty to the environment in whatever we do and the aviation industry should be no exception. I would like to have seen the licence holder having a duty, using the words of the government amendment,
“to take reasonable measures to reduce, control or mitigate the adverse environmental effects of the airport”.
However, that is not where we are. The Government have used the word “desirability” in their amendment, for the reason given by my noble friend Lord Attlee, and I do not suppose that they are inclined to accept any amendment to that.
Is the Government’s amendment fit for the purpose that we argued for in Committee? I believe that it is. Although there is no mention that the licence holder should have a duty to have regard to the impact of airports on local communities, which is something that I argued for in Committee, I believe that these amendments will deal with the impact of airports on the environment. Importantly, these amendments will provide the CAA with the flexibility it needs to allow regulated airports to invest in sensible measures to reduce the environmental impact of their operations, without fear of legal challenge from an airline, whose main preoccupation, in this regard, is simply to minimise airport charges. That was the kernel of the argument in Committee, and my noble friend Lord Attlee has addressed it. I welcome these government amendments as they stand, and I thank the Minister and his team for listening and responding.
Earl Attlee
My Lords, I thank the noble Lord, Lord Davies of Oldham, for his measured and eloquent explanation of the purpose and effect of his amendments in this group. The noble Lord touched on London airports and I am grateful for his wise decision to adhere to the subject of the Bill in his various amendments and resist the temptation to table an amendment about Heathrow airport. However, I have some difficulty with his amendments.
I urge noble Lords to consider the merits of the amendments that the Government have tabled to address the specific concern of the impact of the airport economic regulatory regime on the environment. Amendments 2 and 8 seek to amend the Government’s amendments, which themselves add an environmental supplementary duty for the CAA and the Secretary of State in respect of their airport economic regulatory functions. The Government have broadly proposed a duty such that the CAA and the Secretary of State have regard to,
“the desirability of each holder of a licence … being able to take reasonable measures to reduce, control or mitigate the adverse environmental effects”.
In answer to the noble Lord, Lord Soley, if he reads my initial comments I think it will answer the question that he was posing. If it does not and there is more I can add, I will obviously write to noble Lords but I am confident in my position.
The amendments in the name of the noble Lord, Lord Davies of Oldham, seek to change the wording slightly so that the CAA and the Secretary of State must have regard to the “need to secure that” a licence holder is,
“able to take reasonable measures to reduce, control or mitigate the adverse environmental effects”.
I am grateful to the noble Lords for tabling these amendments as it provides the opportunity to acknowledge the importance of allowing appropriate investment at airports to mitigate their environmental impacts and those of activities associated with them, where to do so furthers the interests of passengers and freight owners in the provision of airport operation services.
It is crucial that airport operators, whether or not they are subject to economic regulation, should be able to invest in appropriate environmental measures. This is, without doubt, something this Government support. There was a concern frequently raised in the House of Commons, as well as in Grand Committee. However, it is crucial that obligations should not be put on some airports but not on others, depending on their economic regulatory status. Our position is that a licensed airport operator should not be unable to recover through the regulatory settlement costs arising from undertaking environmental investment where an unregulated competitive airport would choose to incur similar costs for similar purposes. After all, the overall aim of economic regulation is often cited as delivering the outcomes that would occur in a competitive market.
Therefore, it is my belief that environmental investment that is in passengers’ interests in the provision of airport operation services should be capable of being included in an airports regulatory settlement. In answer to the detailed question asked by the right reverend Prelate the Bishop of Chester, I would prefer to write to him, but I suspect that my answer will hinge on the point that this part of the Bill is concerned with the regulation of airports, not of airlines and aircraft. If noble Lords want to check up, they should carefully read my letter. In answer to the question asked by the noble Baroness, Lady McIntosh of Hudnall, we believe that the government amendments are clear. I hope that noble Lords will agree that Amendment 1 goes to the heart of their concerns and that these further changes are unnecessary. I therefore hope that the noble Lord, Lord Davies of Oldham, will be willing to withdraw his amendment.
Lord Davies of Oldham
My Lords, I apologise to the House if I was rather long-winded in the introduction, but as I was slow to start, I therefore hope to be succinct to finish. The debate has clarified, even if I did not succeed in doing so, exactly the issue at stake. Let me make it absolutely clear that we are not asking for the CAA, as an economic regulator, to have any other powers that other economic regulators, such as Ofwat or Ofgas, enjoy. We are merely pressing the Government to show proper concern for the environment. I praised the Minister for the extent to which he has moved down that path, but I am as dissatisfied as other Members of the House with the word desirability because, in legislative terms, that does not look like an expression of the will to get things done. There is no point in enjoining the CAA to do things, encouraging it to do so or hoping that it will; it is a serious body with serious functions to carry out, and it will do what is established in statute for it to do. We need to be precise about—
Earl Attlee
The noble Lord, Lord Davies of Oldham, is very insistent and persuasive. He is clearly convinced that his amendments will improve the Bill. My Bill team manager will probably kill me, but I can accept Amendment 2 and Amendment 8, which is consequential on Amendment 2. Both these amendments amend Amendment 1, but I would like to make it clear that only Amendment 8 is consequential.
Lord Davies of Oldham
My Lords, the noble Lord, Lord Rotherwick, is nothing if not persistent in his position with regard to GBA. We of course listened very carefully to what he had to say in Committee. I must say that it is an interesting situation where the Minister is not prepared to countenance amendments which would have given the responsibility to the CAA, but he will accept amendments that would take it a notch higher to the Secretary of State. I imagine that the Minister will have a rejoinder to that.
It would help the House if we were given a perspective on the dimensions of GBA and its impact on airports. The only figure that we have had quoted this afternoon in terms of capacity was when the Minister adumbrated that Heathrow is very close to 98% or 99% capacity, a figure that chills all of us when we think about the demands on the airport. I do not know what percentage of that is GBA and I would be grateful if the Minister, when he discusses this, would give us some perspective on this issue.
Earl Attlee
My Lords, I thank my noble friend Lord Rotherwick for tabling these amendments and I admire his dedication to general aviation. General and business aviation are both important parts of the broader aviation industry. My noble friend is entirely free to regroup his amendments, but I have to apologise to the House if I do not quite manage to match my remarks to his amendments, although I am confident that, taken together, my remarks will cover most of my noble friend’s points.
I understand that the intention of my noble friend is to provide for a general and business aviation champion at the Department for Transport. However, having carefully considered the impact of these amendments, I cannot accept them as I do not believe that they deliver this intention.
As your Lordships are aware, the clear focus of Chapter 1 is on the economic regulation of a few major airports, presently Heathrow, Gatwick and Stansted. At these large international airports there is very little general and business aviation activity. The noble Lord, Lord Davies of Oldham, asked me for some numbers so it may be helpful to illustrate this with data from the Civil Aviation Authority. In June of this year, general aviation represented less than 1% of total aircraft movements at Heathrow; at Gatwick, less than 2%; Stansted had more, at 8%. The overwhelming majority of flights from these three airports are commercial air transport. Furthermore, when we consider the relatively small number of people involved in a general aviation flight, as opposed to a commercial flight, the actual percentage in terms of people affected is far smaller.
That is not to say that general aviation should be ignored. I ask noble Lords to consider Clause 69, which defines “air transport service” as,
“a service for the carriage by air of passengers or cargo”.
Thus, business aviation, and indeed most flights with multiple occupants using a regulated airport, are already covered in the Bill. As such, there is no need to make a specific reference to general and business aviation.
Although I appreciate my noble friend’s desire to see the interests of general and business aviation represented, we must look at the broader picture. Heathrow is the busiest airport in Europe. Gatwick and Stansted together account for a third of aircraft movements in the whole of the London area. These are immensely busy airports. Realistically, we must prioritise the tens of thousands of commercial airliners landing at these airports every month. As your Lordships will appreciate, it has always been a clear policy aim of this Bill to put passengers and cargo owners first in the regulation of our major airports. The Bill delivers this through clear and concise duties, focused on passengers and owners of cargo, for both the Secretary of State and the CAA. The amendments proposed here would ultimately undermine this aim while, as I have demonstrated, delivering limited benefit to those it focuses on.
My noble friend Lord Rotherwick asked about EC resolution 2008/2134. The Government welcome the resolution and are broadly supportive. Moreover, in its present form the resolution represents a high-level direction of policy. We await concrete proposals from the Commission and are keen to see movement soon. At present the resolution is not legally binding and as a caveat I must add that many of its recommendations are not directly appropriate to the UK because the vast majority of our airfields are in private ownership, as I am sure my noble friend recognises. However, this is not the right vehicle to address these concerns.
My noble friend’s Amendment 6 concerns a change to the Secretary of State’s duties. I must point out that the Secretary of State has comparatively few functions in Part 1 of this Bill. As your Lordships are aware, this is very much a conscious decision of the Government to remove central government involvement from the regulatory process. The Secretary of State’s role is limited to just three distinct functions to which these duties apply: first, some of the Secretary of State’s regulation-making powers in Chapters 1 and 3 of the Bill; secondly, the issuing of guidance to the CAA which the CAA must have regard to; and finally, notifying the CAA of the international obligations of the United Kingdom.
I acknowledge the intent of Amendment 11 in obliging the preparation and publishing of a statement of policy, but the limited nature of the Secretary of State’s role means that requisite consultation before the exercise of certain powers should meet this point. A statutory requirement in this context would be disproportionate.
I am sure that if my noble friend had had more time he would have sought equivalent amendments to the CAA’s general duties. Clearly, amending the Secretary of State’s duties without making corresponding amendments to the CAA’s duties could create undesirable consequences; for example, there may be conflicts where the Secretary of State issues guidance to the CAA.
Regardless of whether or not the amendments achieve what my noble friend intends them to achieve, I reiterate the Government’s position that this is not the right vehicle to address my noble friend’s concerns. For all airports where demand is higher than capacity for finite take-off and landing slots, this is generally reflected in the landing fees charged. In a competitive market, an airport operator is likely to prefer to receive flights with large numbers of passengers over those with fewer passengers where this enhances its profits. This is a further policy reason not to pay special regard to general and business aviation.
However, the Government recognise the valuable contribution of the general and business aviation sector. The CAA’s Strategic Review of General Aviation in 2006 estimated its contribution to the UK economy at £1.4 billion per annum. I know that my noble friend is very concerned about the retention of small airfields. I recently fulfilled an undertaking to meet with my right honourable friend the Minister of State for Transport about this important issue, and I impressed upon him the need to ensure that at some point in the future we do not wake up and find that we have too few airfields and that they are difficult to replace.
The vast majority of general and business aviation activity takes place from small airfields across the country. Chapter 1 of this Bill will not regulate the activities of these aerodromes unless they become dominant, which we believe to be extremely unlikely. I value the intentions behind these amendments, but I believe that they are not the most appropriate method of expressing them. I therefore ask that my noble friend considers withdrawing his amendment.
Lord Davies of Oldham
Lord Davies of Oldham
“( ) A licence must include an obligation on licence holders to procure and publish annual surveys of passenger satisfaction, including but not limited to—
(a) baggage handling services, and(b) arrangements for delays to affected air passengers.”
Lord Davies of Oldham
My Lords, in moving Amendment 17 I shall also speak to the other three amendments in this group, which broadly encompasses the issues of passenger welfare. Amendment 17 would ensure that a licence includes an obligation on the licence holder to publish annual surveys on passenger satisfaction. This would be of considerable advantage to the industry: it would encourage improved performance at airports, and it would certainly give members of the travelling public some information on the relative performance of airports. It would therefore give a basis for what we all would want to see: improvement in passenger welfare at significant airports.
We have not the slightest doubt that there is considerable pressure from the public to improve welfare at airports. That is why the Select Committee on Transport in the other place emphasised that licences should be structured so as to address passenger satisfaction. One dimension of the issue which I am sure will occasion no surprise at all for regular air travellers is the issue of satisfaction with baggage handling. We all know the distress which is caused when baggage goes astray. I remember the time that I arrived in southern Africa and discovered that my baggage had been taken off the aircraft in Kenya, just a little way away. It contained everything that I intended to employ on the trip apart from my travelling clothes. The embarrassment was considerable. Of course, we know endless stories of the difficulties that passengers have had with baggage.
There needs to be a stimulus to improve performance. A requirement on the airport to indentify its efforts in these respects is important. It is not just a question of lost baggage—we all know the inordinate delay that can also occur. Experienced travellers always allow a certain amount of additional time for the retrieval of baggage. However, when one goes to a really efficient airport which delivers the baggage almost as soon as one can get to the retrieval hall, there is a distinct comparison with those airports that seem to have endless waits before the baggage appears.
I believe that improvement is going on in our major airports. On one occasion I came back from China via Paris because I could not get a direct flight to London. I arrived at London Stansted to find that my baggage was waiting virtually as I stepped off the aircraft and went into the hall. That is such a rare experience that I felt obliged to write to the authorities at Stansted to congratulate them on that achievement and to express the hope that it would be repeated on all future occasions—some luck.
These amendments are designed to improve what we all recognise needs to be improved with the handling of airports. The other dimension of which we are all too well aware is that airports have to take some responsibility for stranded passengers. We all recall—mercifully, the memory is ebbing away a little as each month goes by—almost two years ago when for a considerable time Heathrow had thousands of passengers stranded without any help or support of any kind and through no immediate fault of the airport in terms of the climatic conditions. However, it was subsequently identified that the problems lay with the treatment of the aircraft on the ground and the de-icing aspect. We know that there has been heavy investment to improve the situation following that event and that Heathrow should be congratulated on taking that action.
We need to keep up a standard of expectation that reduces the consequences of delay on passengers who otherwise, as has happened in the past, are left in the most unpleasant circumstances and bereft of any indication of what they are meant to do or how they should cope with their circumstances. Even if they could take action themselves, they have no information on which to work.
For all those reasons, passenger welfare is an important part of this Bill. Our amendments are designed to strengthen the Bill in respect of that important feature. I beg to move.
Earl Attlee
My Lords, I thank the noble Lord for his amusing and thorough explanation of the reasons behind his amendments. I absolutely agree with him that the issue of lost baggage is extremely important. He observed that some airports are better than others.
If your Lordships will bear with me, I should like, first, to speak to Amendments 17, 18 and 19 to Clause 18, on licence conditions, and, secondly, to Amendment 57 to Clause 83, on the provision of information for the benefit of passengers and cargo owners. I can appreciate why the noble Lord wishes to discuss these amendments in a group as they all concern the undoubtedly important matter of passenger welfare but I also believe that there is good reason for speaking to them individually so that particular aspects of the amendments may be considered in full.
I am aware that amendments similar to Amendments 17, 18 and 19 were debated in the other place and I am grateful to have the opportunity to return to them today. I do not think that it can be denied that this Bill already recognises the importance of passengers and their interests. Indeed, this is enshrined in the primary duty which states that the CAA must carry out its functions in a manner which it considers will further the interests of users of air transport services in the provision of airport operation services.
As users of air transport services, passengers will clearly be at the heart of the CAA’s considerations. There can be no doubt that passengers desire and deserve efficient baggage handling services when they travel by air or that, when faced with delays, they are not left without advice and help where appropriate.
The experience of recent years has also demonstrated how vital it is that all airports prepare effectively for potential disruption. The noble Lord, Lord Davies, talked about the disruption from snow a couple of years ago. When I visited Gatwick and saw the lines of gleaming snow-clearing machinery and they told me how quickly they could clear the runways, I was quite confident that the last winter would be a mild one—and that is what happened.
What is clear is that the aviation sector as a whole needs to have effective means to deal with passenger welfare during disruption of services. However, one key purpose of the Bill is to provide the CAA as an independent regulator with the discretion and flexibility to deliver targeted and proportionate licences, containing conditions which it considers requisite after undertaking appropriate consultation. So while I can very much understand and empathise with the sentiment behind noble Lords’ amendments, I am unable to recommend putting them into the Bill.
These three amendments seek to include a requirement in Clause 18 that the CAA should be required to include specified matters in licence conditions. Under the clause, the CAA is empowered to impose licence conditions consistent with its Clause 1 duties, which go beyond matters related to the abuse of substantial market power. Therefore, the CAA will have the power to include licence conditions addressing the matters raised in these amendments when to do so furthers the interests of passengers and freight owners in the provision of airport operation services. Obviously, losing baggage clearly comes into that. However, what should be included in a licence will always be fact specific and will change over time. Therefore, I do not believe that introducing provisions as to express conditions would be appropriate.
Clause 18 provides the CAA with flexibility regarding if and how licence conditions should be included. If we were to use this Bill to set in stone certain points in licences, this would constrain the regulator’s freedom to decide what priority should be afforded to different passenger concerns and what costs should be allowed for the delivery of competing consumer priorities. I do not think it appropriate that government should determine what present and future passengers are most concerned about or what obligations should be included by the CAA in specific licences. Moreover, a prescriptive approach in the Bill is likely to make it more difficult for the regulator to adapt its approach to the changing needs and concerns of passengers. If we were to accept these amendments, this would oblige the CAA to give greater weight to these factors than other matters that might become equally or more important to passengers in future.
I would also seek to reassure noble Lords that they can be confident that the CAA would use the new licensing powers under the Bill to focus on matters such as operational resilience and passenger welfare in the event of extreme disruption. At the request of the Department for Transport, the CAA in January this year published an indicative licence which includes provisions on operational resilience. The proposals contained in condition 7 of this indicative licence would require the licence holder to operate the airport efficiently and to use its best endeavours to minimise detriment to passengers arising from disruption. It would also require the airport to draw up, consult on, and gain the CAA’s approval for an annual resilience plan, setting out how it will secure compliance with its obligations under the condition. The licence holder is then obliged to comply with commitments it has made in its resilience plan. In drafting this indicative licence, the CAA sought initial views from industry. Once the Bill is enacted, the CAA will begin to consult on proposed licence conditions for each airport that will be subject to regulation. This process will involve consideration of the extent to which it is necessary or expedient to include conditions in the licence regarding operational resilience and other matters such as passenger welfare.
Lord Davies of Oldham
My Lords, I am grateful for that full answer. In fact, I did not actually raise the issue of border control, but the Minister is absolutely right to say that one of the anxieties of passengers is the difficulties that occur when there are hold-ups at immigration. Of course, we all subscribe to the position and understand entirely that border control has an important task to fulfil in safeguarding the people of this country, and we obviously wish it well in that role, nor should anything seek to inhibit the efficiency with which the border force carries it out.
However, I was concerned to identify the issue of delay simply because I feared that the Minister would do what he has done in his well informed manner—namely, talk in fairly general terms of what is to be done and what is going on. I am grateful to him for his indication of activity, particularly on the part of the CAA; however, I must say that there is a difference between what these amendments seek in terms of information for passengers and influence on their interests being taken seriously. That contrasts with what the CAA currently has—a consumer panel that does not look as if it addresses effectively the need for information flows that meet the kind of anxieties and difficulties that passengers face.
I hear what the Minister says about improvements, although it brought a slightly wry smile to this side of the House when he mentioned Gatwick’s ability to clear runways. The problems at Heathrow had been that aircraft could not be de-iced and taken out of their parking bays. The runways were not the issue there. None of us can anticipate the weather or the extent of the difficulties it may present. That indicates why it is necessary to be specific about passengers’ anxieties. These amendments set out to identify such areas against a background whereby passenger welfare needs to be emphasised in the responsibilities of the CAA.
However, the Minister could not have given a fuller and more considered reply and I therefore beg leave to withdraw the amendment.
Lord Davies of Oldham
“( ) The CAA may also provide advice and assistance to such persons in connection with security checks performed on users of civil air services who have religious clothing requirements in order that their dignity be maintained without compromising the rigour of those security checks.”
Lord Davies of Oldham
My Lords, I can move this amendment with some brevity. We have discussed the issue before, and I think that I can anticipate that the Government will have a constructive response. The issue is well known. For Sikhs in this country, security at airports can prove a great embarrassment if there is a request for them to have their turbans examined or if interference occurs with their headwear. It is not just Sikhs who have this anxiety, but we are more conscious of the Sikh position because of their numbers in this country, and because we had some practice on the issue of how to adjust the law to the particular religious position of Sikhs when we debated the compulsory wearing of motorcycle helmets back in the 1960s. The issue is serious. It was particularly serious because it appeared that the European Community regulations insisted that airports should conduct the kind of search that was causing real difficulty. I understand that there may have been some advancement on that front with regard to technology in relation to the searching of headgear. I am merely presenting this amendment to give the Minister an opportunity to give some reassurance.
Earl Attlee
My Lords, I fully agree with the noble Lord that we all want to ensure that passengers are treated with respect and dignity at all points during their journey through the airport, irrespective of creed. I hope that I can reassure noble Lords by explaining that what this amendment is designed to achieve is already covered by the Bill.
Airports are required by European and domestic rules to undertake security checks on all passengers and it is the responsibility of airports to ensure that their customers are treated with respect and dignity. Clause 80 of the Bill inserts new Sections 21H and 21I into the Aviation Security Act 1982. New Section 21I requires the CAA to provide such aviation security advice and assistance to the persons listed in subsection (3) of that new section, including, for example, the,
“managers of aerodromes in the United Kingdom”,
as the CAA considers appropriate.
In giving such advice and assistance the CAA has to have regard to the purposes to which Part 2 of the Aviation Security Act 1982 applies—which, broadly, are the protection of civil aviation against acts of violence. Therefore, if the CAA considered it appropriate, having regard to the purposes to which Part 2 of the Aviation Security Act 1982 applies, it could provide advice and assistance about maintaining the dignity of passengers wearing religious clothing when subject to security checks. I know that some passengers may worry about security checks and feel uncomfortable at being subjected to security searches. That may be a problem more generally as well.
However, noble Lords will understand that such searches are essential if security is to be maintained in the face of a real and continuing threat from terrorist groups that seek to do us harm. In his opening comments the noble Lord recognised that problem.
Noble Lords will know, I am sure, that each passenger departing from a UK airport undergoes standard security processes irrespective of their age, gender or ethnic background. These checks ensure that they are not carrying articles prohibited from the security-restricted area or on to the aircraft.
Security staff are trained to recognise that some passengers may have particular concerns about being searched, particularly about searches of some religious clothing, for example those from the Sikh community who wear turbans. A problem emerged in April 2010 when new EU rules came into force on headgear searches which required a physical hand search to be carried out in relation to turbans. Physical contact with the turban causes hurt and offence to Sikhs. My right honourable friend the former Secretary of State for Transport acted swiftly and advised airports to continue with the method used prior to April 2010, which mainly involved hand-held metal detectors, while consideration was given to how best to resolve the concerns expressed by the Sikh community.
After intensive work, a pilot project was put together in a very short time and with the assistance of members of the Sikh community. At the 31 UK airports participating in the trial, through which approximately 93% of all passengers travel, security staff use explosive-trace detection equipment combined with hand-held metal detection equipment to screen the headgear of those passengers and staff that either activate the walk-through metal detector or are chosen at random for a security search.
The UK has submitted three reports on the trial to the European Commission and has made various presentations explaining our test methodology and trial results. This method of searching headgear will continue to be used at participating UK airports as a continuing EC-approved trial while the necessary changes to EC regulation are made.
Progress has been made, which I hope will reassure the noble Lord, and I expect that that progress will continue. Therefore, I hope that the noble Lord, after raising this very important issue, will feel able to withdraw his amendment.
Lord Davies of Oldham
My Lords, I am grateful to the Minister and beg leave to withdraw the amendment.
Lord Davies of Oldham
“Risk-based aviation security regime
(1) The Secretary of State may direct the operators of airport areas to implement an outcomes-focused, risk-based aviation security regime to govern the exercise of their functions in relation to aviation security.
(2) When making directions under this section, the Secretary of State must by order set out the framework for the introduction of the outcomes-focused, risk-based aviation security regime.
(3) An order under this section must be approved by a resolution of each House of Parliament.”
Lord Davies of Oldham
My Lords, I shall speak also to Amendment 67. I started off with the terrible prejudice that I express whenever some Orwellian concept swings into view with initials that I have never put together before and I am not quite sure that I will remember what they are, let alone succeed in remembering the concept to which they relate. That I now understand outcomes-focused, risk-based security is largely due to the fact that the Minister was kind enough to organise a meeting with officials who have responsibility for the scheme. We found both their presentation and the answers to our questions helpful and reassuring. It was an inspired move on the part of the Minister to do that in circumstances where otherwise a plethora of amendments would have been tabled to express our anxieties.
However, the main anxiety still remains. This is a significant change in the way in which the security of our airports is to be organised and, as security is of surpassing importance, it is right that we should be reassured in every respect with regard to it. Our amendments reflect our concern that the Secretary of State is directly involved in the implementation of this scheme. We want the order to be approved by resolution of each House of Parliament because Parliament needs full understanding and reassurance about the nature of the new security regime which will operate at airports.
We are particularly concerned that we have time to make an assessment of the effectiveness of the regime. We are concerned that there should be safeguards in regard to this initiative because we cannot think of a responsibility of the industry that is greater than security. This is a very significant change. My noble friend Lord Rosser has already pressed the Minister, with some success, on the expertise that is available in the Department of Transport. That expertise is now to be transferred. We have some assurances on that process but we need assurances about the introduction of the whole scheme. Parliament will clearly need to be involved. I should be grateful for the Minister’s response to my comments.
Earl Attlee
My Lords, I can assure the House that I have never detected any prejudice in the noble Lord, Lord Davies of Oldham.
Your Lordships will recall that during a debate in Grand Committee on 4 July I offered noble Lords a briefing on the Government’s plans in this area. That briefing took place on 11 October, and I hope that noble Lords found it informative. It is much better to be briefed by the experts in the subject rather than to be briefed by the Minister whose duty it is to articulate the policy behind the subject and, most importantly, to accept collective responsibility for that policy. The Government’s priority at all times is to ensure high levels of aviation security in the UK. The proposed new approach is intended to give operators greater flexibility and responsibility to design security processes that deliver specified security outcomes, with greater emphasis placed on the needs of the passengers. It is consistency of outcome that is important, not consistency of process.
A similar approach has been taken in aviation safety regulation. Modernisation would be achieved by introducing the use of security management systems—SeMS—by industry and a regulatory regime that is more outcome-focused and risk-based, the so-called OFRB. SeMS is a systematic approach to managing security aimed at embedding security in the day-to-day activities of the organisation. Therefore, in the summer we started a pilot at London City Airport in which the operator will develop the SeMS approach and in so doing create an enhanced internal security culture. Once this and further pilots have been concluded and we are satisfied that the SeMS framework is sufficiently robust we shall look to roll it out generally across the industry. This will provide a sound basis for the design and development of the OFRB regime.
The proposed reforms represent a significant change in the approach to the regulation of aviation security both for the industry and the regulator. We have therefore decided to take an incremental approach to reform to ensure that the UK’s high level of aviation security is ensured at all times. This incremental approach also aligns well with the Government’s intention to embed in industry a culture of continuous improvement of the UK’s aviation security regime, as has been the case for aviation safety. Industry has expressed strong support for moving away from the current highly centralised and prescriptive regime, but recognises that the proposed reforms will take some time to develop and implement.
On 26 June, the DfT published its response to a consultation on reforming the regulatory regime for aviation security. Responses to the consultation brought out that the move to a full OFRB regime needs to be undertaken gradually. Industry will need time to adjust to the new oversight approach rather than the current direct-and-inspect method of regulation. Many organisations have commented that the full benefits of OFRB, in particular flexibility for operators in the design of security processes, require changes to the highly prescriptive European legislation which specifies the common basic standards for aviation security. We will be using the SeMS pilots to build the evidence base necessary to engage with our European partners and to make the case for change.
Accordingly, the move to OFRB will not be a single big change but a continuing one. This is also necessary as there are some 1,000 industry entities in the UK that are directed to implement aviation security measures, and it would not be feasible, or sensible, for them all to move to OFRB at once. I agree with the noble Lord, Lord Davies, that Parliament needs to be clear about what is happening. I can assure your Lordships that the Government will continue to keep Parliament informed as we develop, pilot and implement the new regime over the coming years. I hope that the House will support the aims of this reform and be assured that the Government are taking an evolutionary approach in order to ensure that the high levels of aviation security are maintained at all times. I am sure that that is what the House would want. With that comfort, I hope that the noble Lord will be able to withdraw his amendment.
Lord Davies of Oldham
My Lords, I very much respect the Minister’s expression of caution on how the new scheme is to be rolled out. I quite understand that it will be done in a slow rollout, as the success of one section can be built on by the next. This matter is of great concern to Parliament, but I am not sure of the process by which Members will be able to appraise the issue. We all know the difficulties surrounding security matters—after all, security leads to some very significant institutions in the state, and we all appreciate that limited knowledge is made available. Parliament has to be reassured about this because the scheme is of such importance. Of course I shall withdraw the amendment but I warn the Minister that Ministers and the officials concerned will have their work cut out to present the issues in a way that enables parliamentarians to form an effective judgment on the success of the development. I beg leave to withdraw the amendment.
Lord Wigley
My Lords, I strongly support the remarks of my noble friend Lady Mar. I admire the campaign that she has been running and will no doubt continue to run until it achieves success. In giving that support, I have questions for the Minister. In Committee, the Minister suggested that very little evidence had been brought to his eyes supporting the contentions that have been made in this matter. Will he tell the House how many representations that he has had since Committee stage? Will he accept that significant representations have been made and that those should be considered?
Lord Davies of Oldham
My Lords, we began our deliberations today with the Minister making a response which greatly cheered the Opposition. I was going to return that sentiment by indicating how much I appreciated this government amendment. However, the Minister’s life, of course, never runs smooth. Questions have been addressed to him about the role of the CAA in an important area and he must address his mind to them.
Having accepted that he must tackle those issues in his reply, the Opposition very much welcome the government amendment. We had substantive discussions in Committee about these issues. The Minister said that he would take the issues away and come back with some proposal. This is an excellent proposal, which will guarantee that the efficiency of the CAA will be subject to scrutiny and—more than scrutiny—to prompting, whether it be from the Secretary of State, or the Secretary of State after prompting from Members of the Cross Benches in this House.
Earl Attlee
My Lords, it may be helpful to the House if I respond to the noble Countess’s point about cabin air quality. First, I have full confidence in the advice that officials have given me, and everything that they have done has been in accordance with my intent. However, I agree that it was unfortunate that official letters from officials were not personally addressed to the addressees. I accept that point.
The noble Countess and the noble Lord, Lord Wigley, will recognise that they have raised issues slightly wide of the amendment. However, I will write to them. I have already answered Questions for Written Answer on the health and safety issue, but I will gladly repeat that information in a letter to the noble Countess.