Oral Answers to Questions

Robert Courts Excerpts

Thursday 17th March 2022 Commons Chamber

[Virginia Crosbie (Ynys Môn) (Con)]

2. What steps he is taking to improve transport connectivity within the UK.

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

We are carefully considering the recommendations from Sir Peter Hendy’s “Union Connectivity Review” and we will respond in due course.

[Virginia Crosbie]

I welcome Avanti West Coast’s £170,000 investment and the creation of a dedicated driver depot in Holyhead, but direct rail services between London and Holyhead, the UK’s second busiest ro-ro port and the main route connecting the UK and the EU, will reduce from nine per day prior to the pandemic to just two. What steps is the Minister taking to help providers return rail services across the UK to their pre-pandemic levels to support connectivity across the UK?

[Robert Courts]

I commend my hon. Friend on being a true champion for Ynys Môn. We continue to work closely with her and operators on the development of attractive timetables that are reliable, deliver excellent performance and are good value for money. Thanks to her campaign and that work, the two trains per day from London to Holyhead will increase to four in May, and we are looking to bring back more.

[Mohammad Yasin (Bedford) (Lab)]

There are conflicting views on East West Rail as a project to improve connectivity, but the one thing we all agree on in Bedford is that the delayed consultation response, the potential demolition of homes and concerns about the environment are taking a toll on residents. We need clarity, so will the Minister tell us whether the DFT is backtracking on the project? Will he instruct East West Rail to urgently publish its proposals?

[Robert Courts]

I will ask the Rail Minister, my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton) to respond in detail to the concerns that the hon. Gentleman has raised as soon as possible.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

Will the Minister update the House on where we are with improving connectivity between the south coast and the M4? Is the study in his Department on track to report in September? Will it include an upgrade to the A350 as it rumbles through Westbury and Yarnbrook in my constituency? Can he give any commitment at all to a relief road that will, after so many years, bring some relief to my constituents in the town of Westbury?

[Robert Courts]

My right hon. Friend has raised the question of Westbury and the difficulties his constituents are facing. I have heard that very clearly, and I will ensure that he gets a detailed response from the roads Minister, Baroness Vere, on the progress.

[Grahame Morris (Easington) (Lab)]

Ministers will be aware that the Select Committee on Transport recently visited Leeds and Bradford as part of our inquiry into the integrated rail plan. Has the current Transport Secretary seen the former Transport Secretary Lord McLaughlin’s comments that the Government’s revised integrated rail plan goes against the best interests of people in the north of England? Is that why he has reduced Transport for the North’s budget by 37%?

[Robert Courts]

The Secretary of State has met Lord McLaughlin recently, and he will no doubt have reiterated the point that I reiterate to the hon. Gentleman and everyone who asks about the integrated rail plan, which is that this is £96 billion of investment—the greatest from any Government in recent history.

[Robin Millar (Aberconwy) (Con)]

The Hendy review recommended the creation of a UK-wide strategic transport network. It also identified a gap in north Wales. However, when Transport for Wales bid for funds to develop the business case for investment to fill that gap, it was declined. Will the Minister meet me to discuss and perhaps reconsider that?

[Robert Courts]

We are committed to strengthening transport bonds throughout our Union. I note that the Welsh Government published a report recently saying that they did not support key improvements to the A55 in north Wales, nor the building of new roads, but I know that the roads Minister will be keen to meet my hon. Friend as soon as possible to discuss his individual concerns.

[Andrew Gwynne (Denton and Reddish) (Lab)]

Connecting communities to the rest of the UK is crucial, but not at the expense of cutting off communities from their own locality. I urge the Minister to look again at plans in the High Speed Rail (Crewe - Manchester) Bill that will see the Metrolink from Piccadilly to Ashton-under-Lyne, which runs through my constituency, severed and mothballed during the construction phase, to be replaced by buses. It is unacceptable; can we look at that again?

[Robert Courts]

The Department is very keen to work with local communities to ensure that the plan works. I know that the HS2 Minister, my hon. Friend the Member for Pendle (Andrew Stephenson) will be keen to meet the hon. Gentleman to discuss precisely that issue.

[Mr Peter Bone (Wellingborough) (Con)]

Sometimes the Government get criticised over rail, but in my constituency, we have had electrification, more trains and more capacity going to Wellingborough, and we are now getting it going north to the great cities, and we have our station being redeveloped. It is in the middle of the country, and we have Station Island there. Is this an example of what the Government are going to do elsewhere?

[Robert Courts]

My hon. Friend raises a very good point. Under the previous Labour Government, 63 miles were electrified, whereas we, up to the end of the relative period, have electrified 1,221 miles.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

Happy St Patrick’s day to everyone, but especially the thriving Irish community in my Slough constituency. Industry data that I have seen shows that while passengers are battling to get on overcrowded trains, 21,000 fewer services are running today than there were pre-pandemic. With more people returning to rail, and to ensure that we do not have a car-led recovery, will the Minister now commit to restoring the services that have been cut? If not, why not?

[Robert Courts]

Following the Williams-Shapps review, we have announced the creation of Great British Railways, which will create a truly passenger-focused service for the UK. I have already mentioned the £96 billion that has gone into the integrated rail plan, as well as the restoring your railway programme. The Government are focusing on getting passengers on to rail wherever possible.

[Navendu Mishra (Stockport) (Lab)]

3. What discussions he has had with (a) operator and (b) trade union representatives on bus driver shortages.

--- Later in debate ---

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

12. If he will review the airports national policy statement 2018 following the development of his Department’s jet zero strategy.

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

We will not review the airports national policy statement at this time, but will consider the case again once the jet zero strategy has been finalised and there is more certainty about the longer-term impact of covid on aviation.

[David Simmonds]

As chair of the all-party parliamentary group on airport communities, I know that many colleagues would like to know whether, in the light of the jet zero strategy, we now have the opportunity to spread the benefits of cleaner air travel to a larger selection of airports across the United Kingdom.

[Robert Courts]

My hon. Friend is quite right that the jet zero strategy provides the opportunity to spread cleaner, greener air travel across all parts of the UK. For example, the UK sustainable aviation fuel industry could create up to 11,000 green jobs while helping to level up with production facilities across the UK. We will be looking at regional aviation in our forthcoming aviation strategy.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I say in response to the Minister’s response to the hon. Member for Ruislip, Northwood and Pinner (David Simmonds) that the Secretary of State committed to review the airports national policy statement last July. It has to be done urgently. Since it was adopted four years ago, our net zero commitment has become law, we have adopted a carbon budget and we have held the chair of COP26. What we know about the jet zero strategy and the implications and difficulty of delivering sustainable aviation fuels means that the review must surely come sooner rather than later to incentivise change.

[Robert Courts]

The point that the hon. Member misses is that we have also had the jet zero consultation. A number of presentations have come in on that and we need to consider them carefully. There is a lot of interesting work going on and we will respond on that in due course, which will give us the context to consider jet zero and the impact of covid. We will then look at the ANPS again.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

13. What assessment he has made of the potential role of rail electrification in the Government’s net zero strategy.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

The Government support the proportionate regulation of the sector and will shortly be consulting on guidance to licensing authorities on how they might best achieve that, while maintaining high standards in safety, accessibility and workers’ rights.

[Daniel Zeichner]

During the pandemic, the support available for taxi and private hire drivers around the country was patchy, and many experienced people have been lost to the sector. What assessment has been made of the situation and, in hindsight, what could have been done differently?

[Robert Courts]

I pay tribute to the sector for how it dealt with exceptionally challenging times during the pandemic; the hon. Gentleman is quite right to draw attention to that. These have been unparalleled and difficult times across the entirety of the economy. The key thing is that now we have one of the most open societies in the world because of the success of the vaccine roll-out. I am confident that the sector and the wider economy will bounce back.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

Ministers will be well aware of today’s announcement by P&O Ferries that there will be no sailings. I understand that 40% of its holdings are owned by a Russian company. This has left some of my constituents in Cairnryan unable to get home to Larne, and it has left people in Larne unable to get to Cairnryan. What can be done about this urgently? Will there be an opportunity to have a statement in the Chamber as soon as possible?

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

This emerging story is clearly causing great concern. I will be in regular contact, and I will take any appropriate steps. Of course I will meet the hon. Gentleman.

Blackpool Airport and Levelling Up

Robert Courts Excerpts

Tuesday 15th March 2022 Westminster Hall

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

It is a pleasure to serve under your chairmanship this morning, Mr Davies. I thank my hon. Friend the Member for Blackpool South (Scott Benton) for securing this critically important debate, touching as it does not just on Blackpool, which is of such huge significance to his constituents and to my hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard), but to wider regional aviation. Many of the issues on which we have touched today apply to many Members throughout the United Kingdom. I know that the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone), with his advocacy for Wick airport, will share in many of those points.

My hon. Friend the Member for Blackpool South is a hugely powerful advocate for this sector and for his area and I commend him for his energy, enthusiasm and vision for Blackpool airport and for the wider regional airport ecosystem. He has made a number of points to me throughout his time here, many of which the Government are considering. I hope to address some of those points during this debate.

I was particularly struck during my hon. Friend’s speech by the history of Blackpool airport—everything from Henri Farman in 1909, with his record, through to Vickers Wellingtons during the war, and today’s modern aircraft and aerospace technology at Warton nearby. I look forward to hearing more about that. We touched on it when we met recently and I look forward to seeing more when I visit this Friday. The importance of Blackpool airport to his area has been made vividly clear during this debate. The 8,000 signatures to his petition also show how important it is to his constituents.

I will touch on as many points as I can in the time that I have, particularly those relating to Blackpool and wider regional aviation. If we look at the issue as a whole, the UK is lucky to have one of the best-connected, best-value, safest, most innovative aircraft industries in the world—aircraft and aviation. It creates jobs, encourages the economy to grow, connects the United Kingdom and all of us with the wider world. It consolidates and grows our position as a dynamic trading nation.

Regional airports link us and serve our local communities, as we have heard vividly today. They support thousands of jobs in the regions and act as a gateway to international opportunities and economic growth. They foster, never let us forget, social and family ties and strengthen the bonds between us.

The figure that is perhaps most vivid is that before the pandemic, the aviation sector directly contributed at least £22 billion to the UK’s GDP, supporting approximately half a million jobs. It is vital that, as we build out from the pandemic, the aviation sector is a key part of that. As far as this Government are concerned, it will be.

My hon. Friend the Member for Blackpool South rightly mentioned air passenger duty. That is part of our plans to boost regional connectivity and why, as he mentioned, the Treasury announced in the recent Budget a package of APD reforms to bolster air connectivity within the Union. That is a new reduced domestic band to support precisely the regional connectivity that he rightly pays tribute to, aligned with an ultra-long-haul additional band to ensure that our overall policy aligns with our environmental objectives. The reforms will take effect from 1 April 2023. That will be part of a package that aims to assist our domestic and international connectivity in the aviation world as we build out of the pandemic.

It is no exaggeration to say that levelling up is a key part of the Government’s agenda and a key part of what aviation can enable. We must have our local communities and businesses connected not just with London but, as the hon. Gentleman quite rightly points out, with other parts of the UK, and level up the regions and build a truly global Britain. Our objective is to ensure that all nations and regions of the UK have the domestic and international air transport connections that they rely on, while ensuring that we meet our net-zero commitments. Maintaining the national network of aerodromes and airports is the foundation of the success of the wider UK aviation sector, be that general, business or commercial aviation.

We have touched upon Union connectivity. In November 2021, Sir Peter Hendy published his independent Union connectivity review. As the hon. Member for Caithness, Sutherland and Easter Ross has pointed out, I know the importance of Wick to him and to the wider UK; that has been emphasised during this debate. For Scotland, Wales, Northern Ireland and all parts of England, we will be looking to improve access to opportunities and everyday connections across the United Kingdom.

[Jamie Stone]

I am grateful for the Minister’s kind comments. Does he agree that the operation of Wick airport is crucial to our endeavours, with Britain’s first vertical space launch in Sutherland?

[Robert Courts]

The hon. Gentleman is absolutely right. He draws attention to some of the future opportunities that regional aviation can sponsor. We have the space launch in his part of Scotland, with Wick enabling that, and a similar story in Newquay, at the other end of the United Kingdom. We see there vividly what regional aviation can bring to communities, wherever they happen to be. That is why the Government place so much importance on regional aviation. I thank the hon. Gentleman for making that point so clear.

The review shows the importance of airports and air connectivity, for all the reasons that we have touched upon. It also mentions the benefits of jobs, trade, investments and the strengthening of social ties. My hon. Friend the Member for Blackpool South rightly draws attention to PSOs. We currently jointly fund those from Londonderry, Newquay and Dundee into London and that protects air connectivity from some of the more peripheral areas of our UK. As we consider our response to the Union connectivity review, we will explore what further opportunities there are to use PSO policy to support regional connectivity and the levelling- up agenda. We will continue to consider Sir Peter’s recommendations and we look to respond later this year.

As part of the rebuilding out of covid, we are looking to produce a strategy on the future of aviation in the UK. That will explore the sector’s return to growth. It will explore many of the issues that we have touched on in this debate and some that we have not had a chance to mention—not only the return to growth, but workforce and skills, aviation noise, innovation, regulation, consumer issues and, critically, regional connectivity, alongside climate change and decarbonisation and the critical role that aviation plays in retaining that global reach.

The hon. Member for Blackpool South is quite right. When we talk about decarbonisation, regional aviation will be a key testbed and he is right to draw attention to that. Indeed, on that, the consultation on jet zero—as we call it—was published in July 2021. While press headlines often tend to focus on transatlantic aviation, regional aviation is key to that as well. The consultation outlines our vision for the aviation sector and its decarbonisation. We are looking to publish that final strategy later this year.

One of our key proposals included a sustainable aviation fuels mandate consultation, which sets out our level of ambition for future uptake. We have published a summary of the responses that have come in already and we aim to confirm a mandate, targets, timescales and the design following a second consultation later this year.

The Government continue to support progress towards low and zero-emission aircraft technology, which includes some of the technology that my hon. Friend the Member for Blackpool South has been referring to, through the Aerospace Technology Institute programme, providing £1.95 billion of funding towards aerospace research.

I will quote something that my hon. Friend said, because I wholeheartedly agree with it. He said that we should innovate to maintain our wonderful way of life. He is absolutely right and I am keen to emphasise that flying is not the problem; aviation emissions are the problem and it is those emissions that we have to tackle. We are tackling them, and by doing so we will create guilt-free flying.

On Blackpool airport and some of the work that has been going on with it, we published a general aviation road map in April 2021, which set out the Government’s vision, strategic priorities and forward programme of work to support the general aviation sector. As part of that, the Government delivered the Airfield Development Advisory Fund to support local airfields and associated GA businesses to grow, thrive and upskill. I am delighted that Blackpool airport has made use of that consultancy service. The ADAF provided technical support on the potential relocation of the air traffic control C tower to a new location, as well as advising on the adoption of new air traffic control technology named virtual remote towers.

In addition, in October 2020 the Department provided funding to establish the Civil Aviation Authority’s Airfield Advisory Team, to provide complementary support and technical aviation advice to GA aerodromes on a range of matters. The AAT is an independent non-regulatory advisory team within the CAA, which also liaises with organisations to ensure that the economic, educational and community benefits of GA are understood, so that local planning authorities can make informed decisions. I encourage Blackpool airport to draw on that valuable service and support to help it advance its operations.

As I touched on at the start of my remarks, the UK has a world-leading, competitive commercial aviation sector, with airports and airlines operating and investing to attract passengers and respond to demand. Airports have a key role to play as part of that commercial sector; as I have said, they boost global connectivity and levelling up in the UK. Where opportunities for growth exist, it is key that local partners can come together with industry to develop the business case for new commercial flights.

I wholeheartedly commend and pay tribute to the energy and expertise of my hon. Friend the Member for Blackpool South on this issue. I can see how passionately he cares. He has a key role, which I can see he is doing already, in convening some of those local partners. He has mentioned his local authority and I encourage it to engage energetically with him to explore the options that may exist. He will also be able to bring together local enterprise partnerships, local businesses and other stakeholders to work together as a holistic whole, to establish the case for commercial flights and then to work with airline partners to create new connections for the communities. He mentioned the connections that existed in the past; hopefully, by bringing all those local partners together, he can build the case for those connections to exist again in the future.

We know that this process can work and I have given the example of Teesside International airport. This work happened there, with local authorities, the Mayor and local businesses coming together with airline partners to identify the need for new connections and then to develop the business case for them. Thanks to that effort, for the first time in over a decade Teesside International airport has direct flights to Heathrow. Also, just last month the combined authority and the local Mayor announced the creation of a new business park at the airport, which is expected to create up to 4,400 jobs when fully operational. That is an example of what can be done with leadership like that provided by my hon. Friend; we can look for such progress at Blackpool airport as well.

In the minute or so that I have left, I will say a little about diversification. I am conscious that Blackpool is already a highly diversified airport, which means that we have the option for highly skilled, dynamic and innovative businesses to grow and flourish—for manufacturing and the maintenance of aircraft; aviation services; and for research and innovation. That means that the wider economic benefits of airports and aerodromes can be fed through to the entire wider community, which of course increases the financial viability of those airports and aerodromes, and helps them thrive. Additional functions include pilot training. Also, as my hon. Friend said, there is the example of Newquay airport, which will also host a spaceport. That is a particular example of innovation, but there are other examples of such innovation.

Regional airports and regional connectivity are utterly critical to the UK’s aviation sector because they unlock investment, jobs and trade across the country. I am in no doubt of the critical importance of airports such as Blackpool airport, which is why I look forward to visiting it on Friday and to hearing more from my hon. Friend and his campaign.

Question put and agreed to.

Draft Airports Slot Allocation (Alleviation of Usage Requirements) Regulations 2022

Robert Courts Excerpts

Tuesday 1st March 2022 General Committees

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

I beg to move,

That the Committee has considered the draft Airports Slot Allocation (Alleviation of Usage Requirements) Regulations 2022.

It is a pleasure to serve under your chairmanship this morning, Mr Dowd.

The draft regulations will be made, subject of course to the vote of the Committee, under the powers conferred by the Air Traffic Management and Unmanned Aircraft Act 2021 - also known as ATMUA. For sake of brevity, I will refer to it as such from now on. Taking the opportunity of our departure from the European Union, ATMUA created a more flexible set of powers for Ministers to implement slot alleviation measures related to the impacts of covid-19, subject to a vote in both Houses. We are now able to adapt our approach to support the recovery of the UK’s aviation sector.

Ordinarily, as all right hon. and hon. Members are aware, airlines must operate slots 80% of the time in order to retain the right to the same slots the following year—this is known as the 80:20 rule or the “use it or lose it” rule. Under ordinary circumstances this helps to encourage efficient use of scarce airport capacity across slot-constrained airports while allowing airlines a degree of flexibility in their operations. The powers provided by ATMUA enable the Secretary of State to provide alleviation from this rule if he is satisfied that there is a reduction in demand due to the Covid-19 pandemic, and that the reduction is likely to persist.

When the pandemic initially struck, the 80:20 rule was fully waived to avoid environmentally damaging and financially costly flights with few or no passengers. Following the UK’s departure from the EU, the UK Government chose to extend the waiver of the 80:20 rule that applied in 2020 to cover the summer 2021 season, which lasted until 30 October 2021, through the Airports Slot Allocation (Alleviation of Usage Requirements) Regulations 2021. For the winter 2021 season, we used powers granted in ATMUA for the first time to provide a more flexible package of measures that reflected the ongoing recovery of the sector. Recovery, of course. was uncertain, and our focus was on supporting the sector. The measures were generous and exceeded the alleviation package provided by the EU. By allowing airlines to hand back full series of slots, we gave them legal certainty that they would be able to retain their slots even if not operated. That helped to mitigate some of the commercial impacts of the covid-19 outbreak on the industry; otherwise airlines might have opted to incur the financial costs of operating flights at low load factors merely to retain slots. That also supported sustainability by reducing unnecessary emissions.

Our approach for this season is framed in the context of the 11 February announcement, when we lifted most remaining travel restrictions for the UK. That was due to the success of the vaccine roll-out, as all right hon. and hon. Members will be aware. Covid-19 has been exceptionally difficult for the industry, but lifting the restrictions means that people can now travel abroad and visitors can come to the UK more easily, whether for a holiday, for work or to visit loved ones. We have reopened the country and our slot alleviation plans for the summer season are designed to support that process.

As required by ATMUA, we have determined that a continued reduction in demand is likely to persist, and we consider that further alleviation measures are therefore justified for the summer 2022 season, which runs from 27 March—in about three weeks’ time—to 29 October 2022. On 24 January, we published this statutory instrument, setting out the package of measures we propose to put in place to alleviate slot usage requirements for summer 2022. That package was developed following consultation with airports and airlines and after careful consideration of their responses.

As recovery has progressed, and travel restrictions have been lifted, the range of views on what level of alleviation is needed has grown wider: ranging from calls for a full waiver, to support for full reinstatement of the 80:20 rule—in other words, more or less the full spectrum. The package before us prevents airlines from having to choose between operating environmentally damaging empty or near-empty flights or losing their slots where severe travel restrictions remain in place. We are mindful that travel restrictions abroad may remain for some time and that new variants of concern could emerge, so we need to ensure that our rules are flexible enough to handle that. So, what are we doing?

In the draft instrument we are considering today, we are aiming to focus our measures on encouraging recovery, while preventing empty or near-empty flights where severe international travel restrictions remain in place. That includes changing the minimum usage ratio to 70:30, meaning airlines are required to use their slots at least 70% of the time to retain the right to operate those same slots the following year. That ratio is lower than the 80% usage ratio that carriers must meet in normal times, but it is higher than the 50% ratio adopted for the winter season, reflecting our move towards recovery.

The draft regulations include stronger provisions to avoid low-volume flying by expanding the reasons which airlines may use to justify not using slots to include existing covid-19 related restrictions. That will apply where covid-19 related measures, including flight bans, quarantine or self-isolation requirements, are applied at either end of a route and have a severe impact on demand for the route or the viability of the route. Unlike the winter season, that will also apply where restrictions could reasonably have been foreseen, and that protects carriers in markets with long-term restrictions in place.

In addition, there will be a three-week recovery period during which the provisions may still apply following the end of the covid restrictions. That gives airlines a chance to get their flights up and running again. In addition, we will allow earlier applications for justified non-utilisation of slots—JNUS provisions. By this I mean that, if there is an official Government announcement, either domestic or overseas, about the duration of the covid restrictions, where that gives rise to a reasonable expectation that the restrictions will still be in place on the date of operation of the slots—in the future—the carrier will then be able to notify the slot co-ordinator, ACL, that it considers it justified not to use the slots. That is as opposed to having to reapply every three weeks - as is the case at present. That will allow earlier handback of slots to provide other carriers with an opportunity to pick them up, as well as remove some of the administrative burden, and cost thereof, on airlines.

In the winter 2021 season we also made provision for “full series handback”—in other words, allowing an airline to retain rights to a series of slots for the following year if it returned the complete series to the slot co-ordinator for reallocation on or before 7 September. We have decided not to continue full series handback this season, as this was a generous measure that reflected the uncertainty around the winter season. Given the success of the vaccine roll-out, the relaxation of travel restrictions and the more positive demand outlook for summer, we now believe it is the time to move towards normal usage with a strengthened justified non-utilisation provision to provide support in case of severe restrictions. Those measures will cover the summer 2022 scheduling period, from 27 March to 29 October 2022.

The draft instrument being considered today applies to England, Scotland and Wales. Aerodromes are a devolved matter in relation to Northern Ireland and, as there are currently no slot co-ordinated airports in Northern Ireland, the Northern Ireland Executive agreed that it was not necessary for the powers in ATMUA to extend to, or apply in relation to, Northern Ireland. We are currently considering alleviation for winter 2022 and we plan to consult with industry and interested Members in the normal way to inform our policy later this year.

The SI provides necessary relief for the aviation sector for the summer 2022 scheduling period while also protecting against empty or near-empty flights.

I recognise the concerns of Members about airlines operating so-called ‘ghost flights’. Through our strengthened justified non-utilisation provision, we will prevent carriers serving routes in severely restricted markets from having to operate those low-load flights purely to retain their slots, while carriers in open markets will be subject to a minimum usage ratio of 70%. The alternative to that would be to provide unlimited relief, which would allow incumbent airlines to retain unused slots at airports and prevent other carriers from using them. That would have an impact on consumers by restricting competition and airport use as well.

Through the package of measures before the Committee we have aimed to strike a balance between supporting the sector while encouraging recovery and ensuring the efficient use of slots at our airports. I commend this instrument to the Committee.

--- Later in debate ---

[Robert Courts]

I thank the hon. Members for Gordon and for Wythenshawe and Sale for their comments. I also wish the hon. Member for Cardiff West, and all hon. Members, a happy St. David’s day. I agree with the comments of the hon. Member for Wythenshawe and Sale about Putin and Ukraine. We have taken action quickly in the Department for Transport on aviation and maritime issues, and we will of course look to do more if that is possible. I could not agree more passionately with his comments that the most precious thing that we have is the ability to sit together in this House where a Minister proposes a law, hon. Members disagree or agree, as they wish, and they can ask any question without fear of any consequences or reprisals. We are very lucky to live in such a free country. I will continue to do anything I can from my perspective, as will my right hon. Friend the Secretary of State, to support the Ukrainian people in their hour of trial.

I am grateful to the hon. Members for Gordon and for Wythenshawe and Sale for their broad support of the SI. I particularly liked the phrase about clutch plates cited by the hon. Member for Gordon; that is quite a good way of phrasing the balancing act of moving back towards the normal slot alleviation position. We have moved the industry back to what is closer to normal times, which the hon. Member for Wythenshawe and Sale described as getting the skies reopening. How welcome it is that we are getting to that position.

The hon. Member for Wythenshawe and Sale asked about consultation, the rule change midway through that period and certainty. We have committed to introducing a playbook that will provide certainty for the industry, so that it will understand what we are likely to do were a variant or worse arise in the future. We are working on that in consultation with the industry. It aims to give precisely the certainty that he wishes to offer to the sector. There is no getting away from the fact that the action that we have had to take, often with very little notice, has been very difficult for the industry. We all understand the reasons, and I know that hon. Members understand and support the fact that we have to support public health, but none the less, there is no hiding from the fact that it has been very difficult for the industry. We are keen to alleviate those difficulties in whatever way possible. I believe that the playbook is the answer to that, and we will continue to look at that.

The hon. Gentleman also asked me about ongoing restrictions in other parts of the world. We are lucky that we are in many cases exceeding the progress of other countries, some are still restricted and quite locked down. That means that we can be quite forward looking and forward leaning in the measures we are taking. We have to remember, however, that in some cases carriers may be operating to markets that do not have those restrictions. That is why we have introduced in the SI the enhanced justified non-utilisation provisions, which address precisely the point that the hon. Gentleman quite rightly raised.

The hon. Gentleman also asked about the funding for airspace, and I entirely agree about the requirement for airspace modernisation. It is something about which the Government feel very strongly. We have airspace that has not changed since the 1950s and it is something that we discussed during the passage of ATMUA. For all the reasons he rightly cited, namely, improving navigation capability, reducing emissions and making the best use of airspace, it is something that we are determined to pursue. The usual principle is that the user pays for such work, but we have introduced two tranches of funding to assist the industry while it has been undertaking that work in the most difficult of conditions.

The hon. Member for Cardiff West asked me what happens after this period, and the short answer is that it depends on what happens with demand. The alleviation that we introducing depends on the Secretary of State being satisfied that there is a restricted demand due to covid-19 and that that is likely to persist. At present, I cannot give a definite answer because I simply do not know anymore than any else what the position in a few months’ time will be. We will have to continue to look at the circumstances. The alleviation positions are meant to be temporary, so it might be the case that we go back to the normal rule, and the provisions fall away and are not replaced, or we might introduce another package. That is the short answer.

The hon. Member for Cardiff West also asked me about longer-term reform. As the hon. Member for Wythenshawe and Sale also mentioned, slot reform is a major issue. As I have said before, we are working on our framework for the future of the sector—an aviation strategy for want of a better phrase—and that will consider the issue of longer-term slot reform. That is a major piece of work that will require significant consultation, and there will be a chance for us to discuss it with the industry and hon. Members in due course. I cannot go into too much detail about that now because it is a major piece of work, and I would probably be out of order in any event, but that is the approach we will take to longer-term slot issues, which may have been the answer to hon. Member for Cardiff West.

[Kevin Brennan]

I know why Government do not want to go preparing impact assessments on every single thing they do, particularly when it is a temporary measure, but the Government could monitor the impact of the changes. If the Government are planning longer-term reform, they should commit to making sure that a proper impact assessment is then done so that the House has a real understanding of the likely impact.

[Robert Courts]

I am grateful to hon. Gentleman for clarifying that. He is quite right that because the SI relates to short-term, six-month provisions, a formal impact assessment has not been made. That does not mean, of course, that we do not look at that impact but just that a formal impact assessment notice is not prepared. We consult, however, and then a note on impact is prepared for Ministers. Anything that is longer term and permanent would be subject to the usual consultation and impact assessment provisions, as the hon. Gentleman would expect.

On the issue of ghost flights and the press reportage we have seen, the hon. Member for Wythenshawe and Sale is right that nobody wants to see such flights. They are an unnecessary expenditure of money and of carbon emissions. The press reports have perhaps given the wrong impression, and I should like to explain why briefly, if I may. That is on the back of a written question asked by the hon. Member for Leeds North West (Alex Sobel). In response we published some statistics—they are before the House because it was written answer— that show the rise and fall of departing airlines. The reason some reportage is misleading is that for the data period for which we have statistics available at the moment, the alleviation in place was a full waiver. That means there was not a requirement to fly any slots at all. We do not hold the data on why an airline flies a flight. It is not really possible for the Department for Transport to hold that, and it is a commercial decision for airlines in any event. However, the reasons for flights to which the hon. Member for Wythenshawe and Sale referred are absolutely right, because in many cases those flights would have been carrying back personal protective equipment, testing kits or essential freight. That would be taking place on passenger aircraft, even if there were a small number of passengers on board.

The second reason for such flights was repatriation. On looking at the data, there are two particular spikes in March and September, when people were brought back from abroad as rules changed. Clearly, in order for a person to be brought back, they have to have an aircraft to do that, and that aircraft has to go there. Although I do not have the full data and therefore I cannot say with cast-iron certainty why the flights were being flown, I point to the overriding principle, namely, there was no need for any operator to fly for the purpose of retaining a slot, because a full alleviation was in place at the time. I would observe that there are some understandable principles in place that will explain why those flights operated with low utilisation of passengers at the time. Essentially, they were carrying cargo. I hope that that answers the points quite rightly raised by the hon. Member for Wythenshawe and Sale.

We have a balanced set of measures before the Committee. Without them, we would have a return to the 80:20 rule and I do not think that would be right at the present time. We still need some relief available while the sector recovers, but we also need a balance to ensure that we support recovery at the same time. I hope very much that the Committee can support the regulations.

Question put and agreed to.

Light Dues 2022-23

Robert Courts Excerpts

Wednesday 23rd February 2022 Written Statements

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

A strong and growing maritime industry is vital to the economy of the United Kingdom and it is critical that we treasure and protect this vital artery if we are to remain a world-leading maritime centre.



The work of the general lighthouse authorities, which provide and maintain marine aids to navigation and respond to new wrecks and navigation dangers in some of the busiest waters in the world, is crucial to underpinning that vision while maintaining our vigorous safety record and continuously improving safety standards.



Light dues are paid by the shipping industry such that the general lighthouse authorities’ costs are met without the need to call on the UK Exchequer.



Light dues have reduced by 40% in real terms since 2010 due to significant efficiency, and other, savings made by the general lighthouse authorities.



However, the unprecedented covid-19 pandemic has both added additional operational costs and led to a significant reduction in light dues income, reflecting the major impact it has also had on the shipping industry.



To ensure the general lighthouse authorities have the funding they need to complete their vital maritime safety work, I have therefore made the difficult decision to increase the light dues rate by two and a half pence to 41% per tonne for 2022-23.

Light dues remain lower than they were in 2010 in real terms and will continue to be reviewed on an annual basis to ensure that the general lighthouse authorities are challenged to provide an effective and efficient service which offers value for money to light dues payers.

[HCWS622]

Oral Answers to Questions

Robert Courts Excerpts

Thursday 3rd February 2022 Commons Chamber

[Andrew Rosindell (Romford) (Con)]

3. What recent progress he has made with Cabinet colleagues on easing international travel restrictions for UK nationals.

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

On 24 January, the Secretary of State announced to the House that all testing requirements will be removed for eligible fully vaccinated arrivals.

[Andrew Rosindell]

Given the success of the roll-out and the welcome news that the plan B restrictions are ending and will end, with travel restrictions set to end on 11 February, will the Minister please assure the country that we will never again go back to travel restrictions of that kind? The latest travel restrictions seem to have had very little effect and the damage done to our economy was vast.

[Robert Courts]

My hon. Friend is absolutely correct: thanks to the success of our roll-out and booster programme—the fastest in Europe—we are now in a position where we can live with covid and start to travel again. The Government are developing a more flexible model, including a contingency playbook to deal with future variants that will provide certainty to consumers and industry alike.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his response—he has definitely been on his Weetabix this morning, so he has.

My question is on a specific issue. As filling out a passenger locator form per traveller takes a long time, has consideration been given to providing group application facilities, whereby families can fill in their details as one and save themselves the stress of having to fill out multiple applications in a foreign country so that they can return home safely?

[Robert Courts]

The hon. Gentleman makes an excellent suggestion. We have committed to looking into and radically simplifying the way that the PLF works. It remains necessary for now but I shall take that suggestion on board and consider it in any upcoming review.

[Gareth Bacon (Orpington) (Con)]

4. What steps he is taking to improve the condition of roads in England.

--- Later in debate ---

[David Duguid (Banff and Buchan) (Con)]

12. What steps he is taking to support the aviation sector.

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

We have delivered approximately £8 billion of support for the aviation sector through the pandemic, and we are currently developing a strategic framework to help support the sector’s recovery.

[David Duguid]

I thank my hon. Friend for his answer. Has he given any thought to how public service obligations could help support regional airports right across the UK, including in Scotland—such as Aberdeen airport, which serves my constituency—to recover from the covid-19 pandemic?

[Robert Courts]

I thank my hon. Friend for his question. May I congratulate him on his campaign and his support for his constituents’ campaign, particularly that led by Val Fry, to reintroduce flights to Aberdeen such as the easyJet flight from Aberdeen to Gatwick. I have flown from Aberdeen. I can see its importance, and I know that it is exceptionally important particularly for the offshore energy industry. We recognise the significant impact that covid-19 has had on regional airports. We will consider whether there are further opportunities to utilise public service obligations.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

Having failed to secure a sector-specific deal from the Treasury, the industry is recovering much more slowly than our international competitors, and now we have the spectacle of an unholy row between airlines and airports on landing charges. With the new rules on slots, we have the prospect of planes flying empty or with half loads. Industry leaders tell me that the Secretary of State has been missing in action, but he has been busy shoring up the beleaguered Prime Minister’s whipping operation—we would like to thank him for that. Is it not time for the Secretary of State to step up to the plate when it comes to aviation?

[Robert Courts]

The Secretary of State and all members of the Government have been in constant contact with the aviation sector, and it is through that that we have been able to tailor our response. We have given £8 billion of support to the sector. The airport and ground operations support scheme is on top of that, and there is the aviation skills retention platform. The Government wholeheartedly support the aviation sector, particularly in getting it flying again.

[Martin Vickers (Cleethorpes) (Con)]

14. What recent assessment he has made of the effectiveness of ticket inspection by rail operating companies.

--- Later in debate ---

[Jerome Mayhew (Broadland) (Con)]

17. What recent steps he has taken to support the launch of rockets and satellites from UK soil.

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

My Department has passed legislation paving the way for space flight and satellite launches from UK soil, and we have already awarded £40 million of grants to kick-start capability.

[Jerome Mayhew]

I recently discussed the current rocket launch environment with Gravitilab, a dynamic Broadland company that provides microgravity testing and space access via reusable launch platforms. Its ambition is to provide that service in Norfolk. Space is no longer just for Governments and multinationals, so will my hon. Friend ensure that our regulatory regime recognises and encourages start-up companies and is made responsive to that fast-rising sector?

[Robert Courts]

I gladly join my hon. Friend in celebrating the growing success of Gravitilab. I congratulate him on being an excellent advocate for it, Broadland and the space industry as a whole. The Government have put in place the most modern space flight legislation in the world. We will continue to review it to ensure that it meets the needs of the UK’s entire space industry.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

18. What plans he has to publish a second cycling and walking investment strategy.

--- Later in debate ---

[Mohammad Yasin (Bedford) (Lab)]

19. What recent assessment he has made of the adequacy of funding for bus service improvement plans.

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

At the Budget, we announced £1.2 billion of new dedicated funding for bus transformation deals. We will provide details of indicative allocations in due course.

[Mohammad Yasin]

Bus companies have suffered financially during the pandemic, and this cost is being felt by customers in downgraded services. Stagecoach has had to replace its coaches from Bedford to Cambridge with double-decker buses with no toilet facilities. This leaves older people, sometimes travelling to access medical treatment, without access to a toilet for 90 minutes. When will the Government give bus companies the investment they need to improve services?

[Robert Courts]

Well, we are doing that at the moment. There is £1.2 billion of new funding, delivering improvements in bus services, fares and infrastructure in England outside London, and that is just part of over £3 billion of new spend on buses in the course of this Parliament.

[Jonathan Gullis (Stoke-on-Trent North) (Con)]

I was delighted to see in the levelling-up White Paper yesterday that, thanks to this Conservative Government working with Conservative-led Stoke-on-Trent City Council and three Conservative Stoke-on-Trent Members of Parliament, we are going to receive a multimillion-pound settlement for bussing back better in our great city to make sure that we are better connected. Part of the bid does contain some funding for roads, particularly for widening the Waterloo Road, which does suffer from congestion, so will the Minister meet me and Stoke-on-Trent MPs to discuss why it is vital that this is funded?

[Robert Courts]

I congratulate my hon. Friend on the leadership he has provided on improving the roads and the buses in Stoke in conjunction with his Conservative colleagues, and I know that the Buses Minister will be delighted to meet him to discuss that further.

[Liz Twist (Blaydon) (Lab)]

In the north-east, we have an ambitious bus service improvement plan, but before we get there we have a crisis in our bus services as a result of covid-19. Can the Minister say what action he will take to prevent our bus services from being reduced as a result of the cliff edge in funding in March?

[Robert Courts]

As I have outlined, over £3 billion of new spend on buses is coming along during the course of this Parliament. The hon. Member is quite right to draw attention to the bus service improvement plans, and we will be able to provide some information on indicative allocations for that by the end of February.

[Mr Richard Holden (North West Durham) (Con)]

Buses are vital for many of my North West Durham constituents, but to put it simply, at the moment there are not enough of them and they are prohibitively expensive, especially for single-fare journeys. Will the Minister look closely at our bus back better strategy for the north-east to give us the funding and the buses we need for our communities?

[Robert Courts]

I know that the Buses Minister will be delighted to look at that particular strategy in the context of the overall funding the Government are providing.

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

21. What recent discussions he has had with Transport for London on proposals to extend the docklands light railway to Thamesmead.

--- Later in debate ---

[Huw Merriman (Bexhill and Battle) (Con)]

Airlines have had a tough couple of years, of course, but so too have passengers and travel agents in obtaining refunds from those airlines. This has been going for years. Reform is badly needed, with a regulator that has upfront powers to effect change. I am delighted to see the Government’s consultation. Can I ask the relevant Minister when we expect to see change implemented?

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

My hon. Friend is absolutely right, and I commend him for his work on this and a number of issues. The consultation on consumer rights has just been launched. We will be running that and carefully considering the options that come out of it. We will be looking to make the necessary changes as soon as possible.

[Mhairi Black (Paisley and Renfrewshire South) (SNP)]

The Scottish Government are currently rolling out free bus travel across Scotland for anyone under the age of 22. Will the UK Government take a moment to congratulate the Scottish Government and tell us when they might deliver the same for young people in England?

Greenfield Station

Robert Courts Excerpts

Friday 28th January 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

I congratulate my hon. Friend the Member for Delyn (Rob Roberts) on securing this important debate on plans for Greenfield in his constituency. I listened carefully to his plans and suggestions for Greenfield and will do everything I can to offer constructive suggestions in the course of my speech. I heard his request for a visit, which I am very happy to pass on to the rail Minister—the Under-Secretary of State for Transport, my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton)—to be considered further. I am sure that he will hear back in due course.

We can be clear that infrastructure improvements are needed to level up the Holywell area of Delyn. Such improvements would help to bring Delyn’s constituents closer to the job opportunities referred to by my hon. Friend that exist in the wider north Wales and north-west of England economic region. In October, the Chancellor announced Barnett-based funding for the Welsh Government of £18 billion a year, delivering the largest annual funding settlement since devolution more than 20 years ago. That represents a 2.6% rise in the Welsh Government’s budget each year and equates to £120 per person in Wales for every £100 per person of equivalent UK Government spending in England, ensuring that the Welsh Government are well funded to deliver all their devolved responsibilities.

My hon. Friend referred to funding provided by the Welsh Government to explore options for Greenfield station’s development. The outcome and results of that feasibility study will be important to his journey for securing funding. It will be important for him and the Department to go through that in some detail, and I know that he will do that. At the same time, he can explore a number of options. First, he can engage with the rail Minister on the rail network enhancements pipeline. The spending review settlement sees continued record levels of investment in rail settlements across England and Wales, with increased budgets from 2022-23 to 2024-25 and a renewed focus on the midlands and the north to grow and level up the economy and provide equality of opportunity.

The Department for Transport also has the new stations fund, which has supported proposals for new stations and the restoration of old station sites. I am afraid that the third round of the fund closed in June 2020, and my hon. Friend will find it disappointing that there are no plans for an additional round. However, we should celebrate its success. Since 2014, we have invested £72 million into delivering eight new stations, with eight more to come by 2024, creating more gateways for the places that they serve. For example, Deeside, near to my hon. Friend’s constituency, received £400,000 from the third round of the funding for a station proposal, and last February we opened Bow Street station just outside of Aberystwyth. Although there is currently no funding available for further rounds of the new stations fund, I recommend that my hon. Friend works closely with Network Rail to develop fully his station proposal to ensure that it is fully costed, and supported by a robust business case, in order to make an application to any future funds.

We are also supporting the reopening of rail lines and stations through the restoring your railway fund. This is a £500 million fund to deliver our manifesto commitment and reopen lines and stations, such as those closed in the Beeching report. That will reconnect smaller communities, regenerate local economies and improve access to jobs, homes and education. Restoring your railway is already providing funding for rail schemes that have the potential to level up and connect local communities through the ideas fund. We have provided development funding to 38 early-stage projects under that fund, including the Anglesey scheme.

In addition, the Prime Minister has asked Sir Peter Hendy to lead on the Union connectivity review to which my hon. Friend rightly referred. It was independent of Government and explored how improvements to transport connectivity between Scotland, Wales, Northern Ireland and England could boost access to opportunities and improve everyday connections for people across the whole of our United Kingdom. Sir Peter’s review has made a series of significant recommendations to improve connections to, from and via Wales, including reducing congestion on the M4, a multimodal transport study in north Wales, and improved rail links between Cardiff and Birmingham. The UK Government are carefully considering Sir Peter’s recommendations and undertaking a period of engagement with the devolved Administrations to inform the Government response, which will be published as swiftly as possible.

As part of the Government’s commitment to level up the country, we have further introduced the £4.8 billion levelling-up fund. It was announced to invest in infrastructure that improves everyday life across the UK, including regenerating town centres and high streets, upgrading local transport, and investing in cultural and heritage assets. The results of the first round of the levelling-up fund were announced in October and will see £1.7 billion invested across 105 transport, regeneration and cultural projects that citizens across the UK can expect to see getting under way from as early as this year. As I have noted, the levelling-up fund will deliver genuine local priorities for communities across all nations and regions of the UK, with the majority of funding allocated to those areas that are most in need of levelling up.

In conclusion, my hon. Friend has a number of avenues that he can explore. He will of course know that the feasibility study funded by the Welsh Government will be critical to all of this. He ought to look to round 2 of the levelling-up fund, if a business case is produced. That is an option that he can explore in the spring. He can look out for the further information that will be released in due course on how future rounds of the fund will operation from 2022-23 onwards, and I know that he will consider submitting his proposal with the council to round 2 of the levelling-up fund, which will launch in the spring.

The Department for Transport is also in the process of setting the funding envelopes for the next rail network enhancements pipeline control period, which runs from 2024 to 2029. That work has only just started and is at a high level, and it is difficult to go into much detail at this stage, but it is possible that that is an avenue for my hon. Friend, and I would encourage him to engage with the Department to explore that option.

I hope that my hon. Friend has been reassured by the updates I have provided, which make it clear that the Government and the Department are committed to levelling up transport infrastructure in the UK and strengthening the bonds of our Union, including for Delyn. I thank my hon. Friend for bringing his constituents’ concerns and his plans to the House for consideration today.

Question put and agreed to.

Motor Vehicles (Compulsory Insurance) Bill

Robert Courts Excerpts

3rd reading
Friday 28th January 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

I congratulate my hon. Friend the Member for Wellingborough (Mr Bone) on his expertise, his dedication, his hard work and, of course, his success in promoting his Bill and securing its passage as far as Report. I also congratulate him on his success in having secured what has become, as my hon. Friend the Member for East Surrey (Claire Coutinho) told us today, her favourite piece of legislation. Sadly, she is not in her place to hear of that success.

May I say what an honour it is—and a pleasure, as always—to follow the hon. Member for Wythenshawe and Sale East (Mike Kane)? I thank and pay tribute to my right hon. Friends the Members for Chipping Barnet (Theresa Villiers) and for East Yorkshire (Sir Greg Knight), my hon. Friends the Members for East Surrey, for Stourbridge (Suzanne Webb), for Loughborough (Jane Hunt), for Dudley North (Marco Longhi), for Vale of Clwyd (Dr Davies) and for South Cambridgeshire (Anthony Browne), and my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning), as well as others who have spoken today or during the Bill’s earlier stages.

As all those right hon. and hon. Members, and my ministerial colleagues, have made clear, this is an important issue. The Government have made it plain since 2014 that they do not agree with the European Court of Justice’s ruling in the Vnuk case, and that view was shared by 94% of the 92 respondents to the Department for Transport’s consultation. The Vnuk decision created the unnecessary extension of motor insurance to private land, as well as, potentially, a greater range of vehicles. That is why we have announced that we will remove the effects of Vnuk from British law in February 2021. As my hon. Friend the Member for Wellingborough said, it will be a landmark moment when we remove law that does not work for the United Kingdom. That will include removing the associated financial liability imposed on the Motor Insurers’ Bureau via the courts’ decision in MIB v. Lewis.

The Bill represents the best possible opportunity to address this issue at the earliest possible opportunity. It will clarify the way in which the compulsory insurance obligation operates in Great Britain, and will make it clear that there is no obligation to extend insurance to private land and vehicles not constructed for road use. It removes any retained EU law rights to compensation from the Motor Insurers’ Bureau, and it provides that retained EU case law that is inconsistent with the position that it sets out will cease to have effect. That effectively removes the Vnuk decision from the law, and that is why the Government support it. I should perhaps declare a minor interest here: I own one vehicle that is currently off the road.

Draft Air Navigation (Amendment) Order 2022

Robert Courts Excerpts

Monday 24th January 2022 Written Statements

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

I have today published the draft Air Navigation (Amendment) Order 2022 and an accompanying explanatory memorandum. This draft instrument amends the Air Navigation Order 2016 (S.I. 2016/765) (“the Air Navigation Order”) to update references to Regulation (EC) No. 216/2008 on common rules in the field of civil aviation, which has been repealed and replaced.

The Air Navigation Order implements the UK’s obligations under the convention on international civil aviation and regulates aspects of aviation safety. It provides regulatory and enforcement powers for the Civil Aviation Authority needed in respect of retained aviation safety legislation. In a number of places, the Air Navigation Order cites provisions of the “Basic Regulation”, which is defined in schedule 1 to the Air Navigation Order as Regulation (EC) No 216/2008. However, Regulation (EC) No 216/2008 was repealed and replaced by Regulation (EU) 2018/1139, which has been retained in UK domestic law.

Therefore, the Air Navigation Order currently contains outdated references to repealed legislation, which need to be amended. The draft instrument published today will ensure that the Air Navigation Order is able to operate as intended, by accurately citing the correct retained legislation.

This instrument is an Order in Council and will follow the negative (annulment) procedure. Paragraph 14 of schedule 8 to the European Union (Withdrawal) Act 2018 requires a draft of this instrument to be published at least 28 days before it is laid. This is because the Air Navigation Order was originally made under powers that included the European Communities Act 1972. The draft instrument and accompanying explanatory memorandum can be found on www.gov.uk.

[HCWS555]

Draft Air Traffic Management and Unmanned Aircraft Act 2021 (Airspace Change Directions) (Determination of Turnover for Penalties) Regulations 2022

Robert Courts Excerpts

Wednesday 12th January 2022 General Committees

[The Chair]

Before we begin, I encourage Members to wear masks when not speaking. This is in line with current Government guidance and that of the House of Commons Commission. Please give each other and members of staff space when seated and when entering and leaving the room. Members should send their speaking notes by email to [e-mail]. Similarly, officials in the Gallery should communicate electronically with Ministers.

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

I beg to move,

That the Committee has considered the draft Air Traffic Management and Unmanned Aircraft Act 2021 (Airspace Change Directions) (Determination of Turnover for Penalties) Regulations 2022.

It is a pleasure to serve under your chairmanship, Ms Rees. These regulations have a snappy title, if ever there was one. They are made under the powers conferred by the Air Traffic Management and Unmanned Aircraft Act 2021, which, for ease, I will refer to as the ATMUA Act.

The regulations are about airspace, which must be managed so that it can be used safely and efficiently. British airspace has not had substantial changes since the ’50s and is an ongoing programme of work. Airspace changes can include proposals to, for example, amend airport flightpaths at lower levels, change the classification of particular airspace or alter flightpaths at higher altitudes.

In 2018, the Civil Aviation Authority published its airspace modernisation strategy, which sets out the ends, ways and means of modernising airspace. The CAA is currently consulting on a review and refresh for that strategy. The consultation opened on 10 January 2022, and I encourage all Members with an interest to contribute. The programme of airspace modernisation is under way and includes the wholesale redesign of the UK’s airspace to unlock the benefits of modernisation, which will help to make journeys more environmentally friendly. It will also increase capacity, manage noise impacts, increase resilience and improve access for other airspace users.

The regulations are necessary because airspace change usually relies on individual sponsors. That might be an airport or another sponsor, such as an air navigation service provider, or ANSP. Airspace change relies on individual sponsors bringing forward their own proposals and choosing if, when and how to progress on airspace changes. Before the passing of the ATMUA Act, if an airport or ANSP declined to participate in an airspace change proposal, neither the Department nor the Civil Aviation Authority had any means to ensure co-operation and co-ordination between different airports and airspaces. That meant that one airport or ANSP could hold up progress for everybody, so the modernisation programme, and the benefits to which I have alluded, would be delayed.

Happily, these regulations give the Secretary of State powers—in practice, delegated to the CAA—under sections 2 and 3 of the ATMUA Act to direct a person who is involved in airspace change, who is usually someone corporate, to progress or co-operate in an airspace change proposal, where doing so assists with progressing the CAA’s airspace modernisation strategy.

[Sir Greg Knight (East Yorkshire) (Con)]

Are there any circumstances where the refusal to follow an enforcement order could put lives at risk?

[Robert Courts]

That is an interesting question. I think my right hon. Friend is asking whether there is likely to be a safety impact from the refusal of an airspace provider to follow a direction. It is conceivable, but the more likely risk would be to efficiency. Our airspace has not really been amended since the 1950s, when we were dealing with very different types of aircraft in the airspace system from those that we have now. That means that we get issues such as stacking, which leads to wasted fuel. This measure provides an environmental and cost benefit. It is more about that efficiency than safety, although clearly any airspace issue conceivably has a safety impact. My right hon. Friend makes a good point.

The powers that the ATMUA Act gives to the CAA will help to deliver the advantages that I referred to: quicker, quieter and cleaner journeys, and potentially more capacity to make use of our motorways in the sky. If the directed party does not comply with a direction, the CAA can issue it with a contravention notice, which may be followed by an enforcement order. I stress that that is not the first port of call, which would of course be guidance and working closely together. The Secretary of State would first have to consider that it is a strategically important part of the airspace work. There would be guidance, a request for co-operation and directions given together. Next would be a contravention notice, and then finally an enforcement order.

If that enforcement order is contravened, there is the power to impose a financial penalty consisting of a fixed amount, not exceeding 10% of the person’s turnover and/or a daily amount not exceeding 0.1% of the person’s turnover. That is laid out in the ATMUA Act. These regulations set out how a person’s turnover is to be determined, so that there is certainty for everybody. The regulations are intended to deal with the wide variety of persons and the different kinds of bodies involved in airspace change—for the most part, that means corporate persons. There has to be an appropriate level of penalty for non-compliance to ensure that it is both proportionate and transparent.

Under regulations 2 and 3, turnover is limited to the sum of all amounts received in the course of a person’s business and excludes capital receipts and loans made by a third party. Only one year of turnover is used in the calculation, and where the most recent available turnover does not equal 12 months, turnover is calculated on a pro rata basis. It is transparent, proportionate and intended to ensure that the person has the correct amount for the enforcement order. The regulations apply to England, Scotland, Wales and Northern Ireland. They are intended to ensure that we have effective and proportionate management of the CAA and the airspace modernisation programme risk. I commend the regulations to the Committee.

--- Later in debate ---

[Robert Courts]

I thank hon. Members for their points. I am particularly grateful to the hon. Member for Wythenshawe and Sale East for having placed this debate in its historic context. He is right that we are on a scale of aviation history here. He referred to some of the iconic aircraft of the past; he is right to draw attention to the fact that the average aircraft flying today may look similar to what was flying around when he and I were younger, but they are approximately twice as efficient and half as polluting, and that progress is continuing.

The airspace work that we are doing is critical. I know that the hon. Members for Wythenshawe and Sale East and for Paisley and Renfrewshire North both feel strongly about it, and they are right to. The transition from an analogue to a digital airspace age, as the hon. Member for Wythenshawe and Sale East rightly put it, is a critical part of bringing our aviation industry into the 21st century. There are many reasons why we need to do this: efficiency, the environment and noise levels. It is important that we remember the historic context in which we are operating.

The hon. Member for Wythenshawe and Sale East asks me to be aware of the effect that the last couple of very difficult years have had on the sector. I am acutely aware of how difficult it has been, as are the Government, which is why I was keen to say that these penalties will be used as a last resort. There are many other steps that we would go through before, but it is right that we have penalties to use if need be.

The Government have recently provided £5.5 million of support to the future airspace implementation plan to help bring the process along. We will continue to work with the sector to see what support might be required and how we can best help. The hon. Member for Wythenshawe and Sale East asks if he can be kept in the loop. I am, of course, happy to involve him and all hon. Members in progress on airspace.

I agree with the hon. Member for Paisley and Renfrewshire North that airspace modernisation is critical. He asks me to consider what the aviation industry may need. I refer again to the future airspace implementation plan money that we have already provided. In the last week, we have changed some of the travel rules, and that will help to get the aviation industry flying again, which is exactly what we all want. It will lead us to better times ahead. I will, of course, continue to monitor this programme and the sector as a whole. If we can help, we will endeavour to do so.

Question put and agreed to.

Draft Transport Act 2000 (Air Traffic Services Licence Modification Appeals) (Prescribed Aerodromes) Regulations 2022

Robert Courts Excerpts

Tuesday 11th January 2022 General Committees

[The Parliamentary Under-Secretary of State for Transport (Robert Courts)]

I beg to move,

That the Committee has considered draft Transport Act 2000 (Air Traffic Services Licence Modification Appeals) (Prescribed Aerodromes) Regulations 2022.

It is a pleasure to serve under your chairmanship, Mrs Miller. The draft regulations are to be made under the powers conferred by the Transport Act 2000, and they set out which airports may appeal licence modification decisions made by the Civil Aviation Authority in respect of the en-route air traffic services licence granted under section 6 of the Transport Act 2000. They will ensure that aerodromes that are likely to be materially affected by any such amendment are able to appeal those decisions.

I will provide a bit of background to help the Committee understand. There are two types of air traffic management services in the UK. The first are terminal air traffic services, which should be thought of as the towers of the aerodromes at individual airports. They support arrivals and departures, and they typically deal with movements up to 7,000 feet. That is a competitive market, with the service tendered and procured by organisations or perhaps provided by the airport. Air traffic management services for planes outside those areas—for example, planes at cruising altitude or going to gateways—are delivered by a monopoly provider regulated under the en-route air traffic licence. That is NERL, which stands for NATS en route licence.

The Air Traffic Management and Unmanned Aircraft Act 2021, or ATMUA Act, which we took through in the last Session, updated the Transport Act 2000 to give the CAA a more effective power to modify the conditions of the air traffic services licence. That was done because, under the previous framework, the CAA could modify the conditions of the air traffic services licence only with consent from the licence holder or via a determination by the Competition and Markets Authority. In order to modernise the licensing framework, alongside the powers to modify the licence conditions, the ATMUA Act also introduced a new appeals process into the Transport Act 2000, to give appeal rights for the reasons of transparency and fairness. It gives three categories: the NERL licence holder; the owner or operator of an aircraft whose interests are materially affected by any changes to the licence; and the owner or manager of a “prescribed aerodrome” whose interests are materially affected by the decision. It is that last category with which we are concerned in the context of this statutory instrument.

Should any of the parties wish to appeal the decision to modify a licence condition, they can appeal to the Competition and Markets Authority on the basis of one or more of the following grounds, which will be familiar to those who have worked in this sort of regulatory field before: an error of fact; the decision is wrong in law, or an error was made in the exercise of a discretion. Before we get to the stage where an appeal can be made, we need to prescribe the aerodromes in secondary legislation in order for the appeal to be operable, which is what we are looking to do today to give effect to the third appeal right.

I turn to what the SI includes. As I have said, the CAA is able to modify the conditions in a NERL licence. Those include largely operational matters, such as requirements that may have effect for safety and efficiency, or for conditions relating to charge controls, which is clearly very important in this context. It is the prices that NERL service users pay for the services provided. The CAA has to publish a notice in relation to the proposed modification, stating why it is proposing the modification, what the modification is and what its effects will be, and give a reasonable period for NERL and any other relevant stakeholders to make any representations. The Department for Transport consulted on the policy in 2017; stakeholders were broadly supportive of it, and at the time no aerodromes requested any additional appeal rights.

However, the licence conditions include control of charges for the London Approach Service. This is a different category. The Committee will remember that there are the tower air traffic control services—supporting planes up to an altitude of 7,000 feet—and there are the en-route services, which deal with travel corridors, fundamentally. However, there is a link period in between, as air traffic controllers hand over between the two. In London, because there are so many big airfields in such a small area, airports essentially club together to provide that linkage as a group. Those London airports are particularly important, and it is important that they have a say. That is what we are seeking to address.

The Government have decided that airport operators whose interests could be materially affected by the decision to modify that licence condition are likely to be airports receiving the London Approach Service from the licence holder, and that they ought to be able to appeal the decisions on the grounds of fairness. Although no aerodrome asked for this, we think it is right that there should be scope for an appeal for those airfields because of that service which they use.

Because it is important to understand what we are doing, I will recap. The London Approach Service consists of the control and sequencing of flights between the licence holders’ en-route service—including stacks, for example—and the tower services at London airports, which are provided by each individual airport. It is that linking area. Again, lower areas are served by the towers, individually procured by individual airports; NERL deals with the higher level, above 7,000 feet; and the link level in the middle is procured from NERL for those lower towers to tie it all together, because it is congested airspace. I hope that that is clear and not confusing for the Committee. The airports are Heathrow, Gatwick, Stansted, Luton and London City, and the regulations are intended to allow those airports to appeal to a change made to NERL’s licence were they to wish to do so.

The regulations have been drafted in such a way as to ensure that, should another aerodrome become part of that London Approach Service and buy into that group air-traffic control process, it too will be able to appeal modifications to licence conditions. That is what we are seeking to do today. The draft instrument applies to the whole of the UK, as aviation is reserved, but the aerodromes that it affects are, as I hope I have explained, only those in the London area. We are seeking to ensure that aerodromes that will likely be affected by a decision to modify licence conditions are able to appeal those decisions. The instrument aims to ensure that decisions made are fair, clear and transparent, and that the legislative framework operates in the way that the Transport Act 2000 intended. I hope that that is clear. I commend the regulations to the Committee.

--- Later in debate ---

[Robert Courts]

I apologise to the hon. Gentleman for having taken some time. This is one of those matters that I thought was a little bit complicated and was perhaps worth explaining so that everybody understood what was being proposed.

I am grateful to the hon. Members for raising the matter of consultation and the impact assessment. On consultation, the way to understand this is that we consulted in 2017 on the overall policy, and that policy was in the run-up to the Air Traffic Management and Unmanned Aircraft Act 2021, which we took through last year. That is when the consultation took place. What we are concerned with today is the effect of the regulations in the SI, and they are very limited in scope because they are likely to confer an advantage on a party that will enable it to appeal. There may be ramifications, which I will turn to in a moment.

In terms of the lack of formal consultation to which the hon. Member for Wythenshawe and Sale East rightly referred, there was formal consultation, but that was when the policy was being put together, and was what we dealt with in the Act. We are now implementing the policy established in the Act by introducing the appeal right. It is not a new policy that needs consultation.

The same point would arise with the equality impact assessment. When we speak of “people” in this context, we refer to a legal personality, meaning a body rather than individuals. It would not be appropriate, therefore, to undertake that assessment in that case. If I have misunderstood the hon. Gentleman, I am happy to give way, but hopefully that answers his question.

With regards to costs, which is where there could be an implication, the Department’s judgment is that when looking at that £5 million level, given that there was no request for such an appeal in the consultation on the matter, which does not suggest a big groundswell of requirement to use it, we think it is right, fair and proper that the appeal right is there for this limited group of airports, but that does not suggest such it is likely to be a large undertaking. That is the reason there has been no full impact assessment. It is not a big cost on industry or the public sector; it just confers a limited appeal right in a limited circumstance.

I hope that deals with the points the hon. Gentleman raised, and I am grateful to him for his contribution. This measure is designed to make sure that the airports are not unfairly disadvantaged once those licence modifications come in, which is a big power—indeed, an advantage—that comes from the ATMUA Act passed in the last session. I hope that the Committee will support the measure.

Question put and agreed to.