Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 — House of Lords, 2018-12-18
Topic: International Affairs
Denis Tunnicliffe (Labour, Centre-left): My Lords, I start by declaring my interest. I am in receipt of what is, for me, a substantial British Airways pension and, if this disruption were such as to cause British Airways to go broke, I would not get all of it. I have consulted the Registrar of Members’ Interests and am assured that the interest is sufficiently tenuous to allow me to speak. I have a rather more acute interest in the fact that my wife has planned a holiday in the Canaries on 18 April I will speak from a presumption of no deal. There is an acceptance that the execution of the intent of this SI will depend on agreements. As I have to take part on probably 70-plus SIs between now and the end of March, I usually avoid general debates on Brexit, but when agreeing these SIs, it is necessary to look at two issues. First, are they technically valid? I have looked through them and there has been a good debate on them in Grand Committee, and I think that they are technically valid. Secondly, what is their chance of being successfully executed? I will speak to only the second question The whole of this SI depends on there being agreements to carry on flying. Indeed, in Grand Committee the Minister said that the Government would be seeking multilateral agreements with the EU in order to allow aviation to continue. However, she said that, failing that, we would have to fall back on bilateral agreements. There will be a requirement for 27 bilateral deals with the EU and, if I have read the briefings properly, 17 bilateral deals with non-EU countries presently enabled by EU agreements, including the US—a US under a President who strongly believes in America first. This would mean that if a multilateral agreement were not concluded, 44 sets of negotiations would have to be completed by 30 March next year. The logic of why that will work is set out in a number of places, including at one point in the Explanatory Memorandum before it was revised, but I thank the Government for publishing a document called Flights to and from the UK if there’s no Brexit deal, which was published on 24 September 2018. It explains the logic of why we will succeed in achieving, first, traffic rights and, secondly, appropriate safety recognition. The paragraph on traffic rights states: "If there is ‘no deal’ with the EU, airlines wishing to operate flights between the UK and the EU would have to seek individual permissions to operate from the respective states (be that the UK or an EU country). In this scenario the UK would envisage granting permission to EU airlines to continue to operate. We would expect EU countries to reciprocate in turn. It would not be in the interest of any EU country or the UK to restrict the choice of destinations that could be served, though, if such permissions are not granted, there could be disruption to some flights" So, if there is not a multilateral deal, the whole concept falls back on an expectation that the EU will reciprocate. A similar section on the same page relating to safety says: "The UK would expect this recognition of equivalent safety standards to be reciprocated by the EU in its ‘Part-TCO’ authorisations".