Civil Aviation (Consumer Protection and Regulatory Reform) Bill [HL] (First sitting) Debate
Full Debate: Read Full DebateLuke Taylor
Main Page: Luke Taylor (Liberal Democrat - Sutton and Cheam)Department Debates - View all Luke Taylor's debates with the Department for Transport
(1 day, 9 hours ago)
Public Bill Committees
The Chair
Copies of written evidence that the Committee receives will be made available in the Committee Room. Members are responsible for declaring any interests, in accordance with the code of conduct, at the start of proceedings and when speaking or tabling amendments. Do any Members wish to declare interests?
Luke Taylor (Sutton and Cheam) (LD)
I declare an interest as chair of the all-party parliamentary group for the future of aviation, travel and aerospace. I have met many stakeholders through the process of the Bill.
Luke Taylor
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.
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
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.
Let me start by saying that I agree with the hon. Member for Didcot and Wantage that we must maintain a high level of consumer protection in aviation. The intention of clause 1 is to strengthen and enhance air passenger rights through secondary legislation, which is why the Government added clause 3 in the other place following discussions with Baroness Grender.
Clause 3 provides an important safeguard that requires the Secretary of State to have due regard to the desirability of strengthening passenger rights when exercising the clause 1 power. However, requiring all future reforms to be equal or superior to current standards could have unintended consequences. A balanced package of reforms may strengthen protections in some areas while making proportionate adjustments in others.
Amendment 24 could prevent such a package from proceeding, even when it would improve outcomes for all passengers overall. Although I agree that the Bill should be used to strengthen passenger protections, rather than reduce them, clauses 1 and 3 already provide the right framework for balanced, evidence-based reform, and I ask the hon. Gentleman to withdraw amendment 24.
I will begin by addressing clause 4, which was added during the Bill’s passage in the other place to strengthen rights for disabled passengers. It removes the existing cap on compensation for wheelchairs, mobility aids and other assistive devices that are lost, damaged or destroyed on domestic UK flights. For many disabled passengers, these devices are essential to their independence and daily lives, and the current compensation limits may not reflect the true cost of repair or replacement. The clause ensures that passengers travelling on domestic UK flights are able to recover compensation that more accurately reflects the value of the equipment lost or damaged. Ultimately, the clause is about making sure that disabled passengers can travel with greater confidence that, if something goes wrong, they will not be left without the equipment they rely on or forced to absorb an unfair financial loss.
On new clause 13, tabled by the hon. Member for Didcot and Wantage, I thank him for returning to the important issue of transporting wheelchairs during air travel. The Government agree that disabled passengers should be able to communicate their mobility and assistance requirements clearly, and that wheelchairs and mobility aids must be handled safely and with dignity. The question is how best to secure practical and long-lasting improvements, rather than placing a particular scheme in primary legislation before the work already under way has concluded.
The hon. Gentleman will know that the transport of mobility aids and wheelchairs was considered by the aviation accessibility task and finish group, and is now being taken forward through the aviation accessibility implementation group. This industry-led working group is examining mobility aid design and handling and has developed the electric mobility aids air travel pack, which gives passengers, airlines and ground handlers the information they need in advance of a journey. The group is promoting wider use of that tool and considering how passengers’ individual requirements can be captured more effectively to support a more tailored experience.
Since this proposal was debated in the other place, the Government have also acted through the Bill. We introduced clause 2 in the Lords, placing a statutory requirement on the Secretary of State to consult on accessibility matters. This issue could be considered as part of that consultation, ensuring that any future reforms are evidence based and take account of passengers’ and stakeholders’ experience. It would therefore be premature to prescribe a wheelchair passport scheme now. We should instead allow the implementation group’s work and statutory consultation to determine what measures are necessary, workable and proportionate. Should the evidence support the need for legislation, clause 1 provides a route to acting following full consultation. The new clause instead risks cutting across that work rather than strengthening it. On that basis, I hope I have reassured the hon. Member for Didcot and Wantage and I ask him not to press his new clause.
Luke Taylor
I thank the Minister for his words, particularly on new clause 13. We very much welcome the Government’s movement in the other place to introduce greater protections for disabled airline passengers following pressure from a cross-party group of lords. The removal of the compensation cap for damaged wheelchairs on domestic flights is a great step forward for accessibility. For a disabled person, a wheelchair is not merely luggage; it is a vital extension of their body and their independence.
I am glad, though, to pick up the noble Baroness Brinton’s amendment on wheelchair passports. She has been a strong advocate for accessibility for many years, and we are glad to support her in her campaign. I invite all Members to read the exchanges in the Lords to see and understand the lived experience—I am sure that we will hear some of that here too—of disabled passengers struggling with complex, unwieldy and challenging circumstances at various airports around the country. I am glad that we are getting a focus on that here.
Over the past few years, the Department for Transport has discussed creating wheelchair passports, which would smooth the journey, with one brief check at check-in to ensure that the wheelchair—and, if relevant, the battery—and the passport match. Once someone had such a passport, the details could be in the airport’s system and the airline’s system forever. However, the new clause would make it clear that the Secretary of State has to work with the International Air Transport Association, and the other countries and the airlines that are part of that organisation, to make this happen, because it will not work if only the UK does it.
I note that IATA’s international guidance already provides for a mobility aid passport, but it is self-evident that that is not sufficiently well understood or implemented. The Minister talked about a mobility pack and an investigation that is being undertaken to design appropriate measures. I encourage him to refer back to the IATA mobility aid passport to understand how that can be incorporated, improved and strengthened, and to work with airlines and international organisations to make sure that the aims of the new clause are reflected in the lived experience of those who, time and again, when they approach an airline check-in desk, have to struggle through the same set of questions and the same arguments, and—again, I reflect on the experiences that were shared in the Lords—pull out the guidance that they have printed and explain it. That is just not acceptable. Whether it is through regulation, through the wording of customer protections or by making it incumbent on airlines and ground handlers to understand and implement these measures, we all need to make sure that the airline industry is implementing and improving things for those who rely on mobility aids, so that they are able to experience flying as miserably as the rest of us.
Daniel Francis
It is a pleasure to serve under your chairship, Mr Turner. Shortly after my election the year before last, I was delighted to introduce my private Member’s Bill, the Aviation (Accessibility) Bill, and I welcome the fact that this Bill—and, in particular, the clauses that we have been debating—encompasses a number of its measures. Accessibility in air travel is not just a matter of convenience; it is a matter of rights, dignity and equality. It is about ensuring that everyone, regardless of their mobility or physical condition, can enjoy the freedom to travel.
I pay tribute to my fellow chair of the all-party parliamentary group for wheelchair users, Baroness Grey-Thompson, for the work that she has done on the Bill in the Lords, and for her work as chair of the aviation accessibility task and finish group, which this Government set up shortly after our election to ensure that the work on these safeguards started, and which reported back last year. As Members know, as well as being chair of the APPG I am the parent of a wheelchair user, so I live and see that lived experience on a daily basis. If you will allow me, Mr Turner, I want to place on the record my thanks to Sophie Morgan, Christopher Wood, who is with us in the Gallery, and their colleagues at the Rights On Flights campaign for their work to raise awareness of the issues that have led us to this place.
The clauses that we have already discussed will require Ministers to give due regard to strengthening passenger rights, but clause 4 will, vitally, remove the compensation limit for wheelchairs, mobility aids and other assistive devices. At present, the limit can be around £1,500, and someone can be required to battle for several months through the courts, with no real understanding of their legal rights. Many wheelchairs—even my 13-year-old’s—are worth more than £1,500 and, as I have said to the Minister, I am aware of a Member in the other place whose wheelchair is worth six times the current limit, so there really is a need to remove it.
As well as causing complexity, the current arrangements do put people off flying. Unlike the hon. Member for Sutton and Cheam, my daughter has not flown for 12 years, because I dread the thought of going through the process, quite frankly. Strengthening these rights will not only help people during their journeys, but encourage people to undertake them again. I welcome the measures on compensation rights for lost, damaged or destroyed wheelchairs or mobility aids.
Currently, airlines are not required to cover the full cost of repairs, and the limit for international flights will continue to be set in the Montreal convention; the limit in the Bill will be only for internal flights. There remains work to be done with regard to the Montreal and Warsaw conventions. Those longer flights fall outside the Bill, and there will continue to be some pressures for passengers travelling on them. The Minister knows I will continue to press the Government on working with international partners to press for compensation. We cannot, of course, encompass that in the Bill, but I would welcome the Minister’s comments on what we can do on that matter. The CAA is responsible for the regulation of aviation safety in the UK, but it has been inhibited by not having the power to take proper action against airlines. Taking businesses to court has been a lengthy process, so I strongly welcome the measures in clause 4.
I concur with the Minister on new clause 13 from the Liberal Democrats. We have themes 3 and 4 of the report from the aviation task and finish group on mobility aids design and handling. We continue, through consultation and the Bill, to look at how those could be incorporated. I will not name airlines, but there are good examples of airlines that are following that guidance and that are ahead of the curve. Of course, there are also airlines that frankly need to step up to the plate.
New clause 13 is well intentioned, but there is good practice out there. There is work stemming from theme 4 in the report submitted by the task and finish group. As the Minister said, there will be the consultation, as we saw in clause 2.
Luke Taylor
We accept that huge steps have been taken. As somebody who has particular experience, does the hon. Member see the challenge around training airline check-in staff and ground handlers? What does he see as the way to achieve the aims and goals that we have? We can talk about regulation and legislation until the cows come home, as we are paid to do, but how does he see implementation on the ground, as someone who lives in this world and struggles with different airlines, some of which implement measures well, while others do not? I am interested to hear how he suggests we break through that and feed that back to the working groups so that it can really understand the trick to this.
Daniel Francis
I welcome the hon. Gentleman’s comments. There are themes within the aviation task and finish group report on that matter. Training is in theme 1, and passenger information is in theme 2. So there are recommendations there. There will be the consultation. We need to look at the good examples—as I said, I will not mention individual airlines, but I will tell the Minister later. We can feed that in and look at it.
However, as the hon. Gentleman referred to, there is also complexity. Under the current arrangements, we would end up with that passport being used for internal flights and for flights leaving the United Kingdom, but it would not apply to people returning on a flight from overseas to the United Kingdom. As a user, I think that that would cause some confusion. As a London MP, I know my rights on a Transport for London bus, and I quote the big red book to bus drivers if they are not upholding the rights of a wheelchair user. I know my rights on the railway. I think it would be hugely confusing to have one set of rights for a flight leaving the UK and not the same set of rights for returning.
Luke Taylor
The hon. Gentleman has invited me on to the point we raise in the new clause, about the need to work with IATA to ensure that this is part of either the mobility aid passport or a separate wheelchair passport structure, so that it protects passengers when they fly both from and to UK and EU airports. A theme to pick up on later is that it is common for aviation to be asymmetrical and that covering flights between different jurisdictions is difficult. Therefore, working with international organisations, and being rule makers and influencers rather than sitting back and being rule takers, is the right way to proceed.
Daniel Francis
The hon. Gentleman makes my point for me. It is the same as the issues within the Montreal convention. We cannot put those or the issues with IATA in the Bill. We need to leave it to Government and Ministers to consult and work to strengthen those rights. That is why I would not support them being in the Bill. I support the measures in clause 4, but I ask Ministers to go away, look at the Montreal convention, have conversations with IATA and continue to strengthen rights in this area.