Air Traffic Management and Unmanned Aircraft Bill [HL] — House of Lords, 2020-02-12
Topic: Mixed Topics
Richard Rosser (Labour, Centre-left): My Amendment 35 in this group is on much the same theme as the amendment moved by the noble Baroness, Lady Randerson, except that it calls for the Secretary of State to, "prepare a strategy for reviewing legislation relating to unmanned aircraft." At Second Reading, my noble friend Lord Tunnicliffe, referring to the rate at which technology surrounding drones has developed, said: "It is possible that this legislation already falls behind recent developments. It seems to ignore the dangers that could arise from drones that fly beyond lines of sight. Ultimately, this legislation must be prepared to deal with the drone technology of the future".—[Official Report, 27/1/20; col. 1270.] My noble friend Lord Whitty referred at Second Reading to the Select Committee report from 2015 on drones—or, as I think they were known then, remotely piloted aircraft systems—and said that a range of issues raised in the report had "not been fully addressed" and were not really addressed in the Bill. Some related to the safety of other users in the air and on the ground, but there were also issues of insurance, licensing, privacy and liability and the question of how far the multiple operation of drones by one programme and one operator is compatible with our current regulations. He also spoke about changes in the air traffic control regulations to ensure adequate separation; strengthening the enforcement and checking system; removing built-in safety features from drones; the deliberate weaponisation of drones; and licensing of individual machines. The Airport Operators Association has called for mandatory geofencing software in drones and the mandatory identification of drones to help airports to identify genuine threats to safety I am sure that the Government recognise the need to keep reviewing legislation relating to unmanned aircraft. The incident at Gatwick Airport in December 2018 and other incidents and the subsequent emergence of the Bill suggest that someone or somebody had not kept their eye fully on the ball regarding the relevance of legislation by ensuring legislation continues to reflect current realities and technological developments. It is not unreasonable to suggest that a strategy should be drawn up for reviewing legislation to ensure that that does not happen again. At Second Reading, the Minister, speaking for the Government, said: "Of course, the world of drones and airspace change never stops, so we will continue to review the legislation to ensure it remains fit for purpose, particularly for drones."—[Official Report, 27/1/20; col. 1292.] As I said, I am not sure that that has been the case in the light of the Gatwick incident in the sense of updating the legislation in time Will the Government’s strategy for reviewing legislation relating to unmanned aircraft be conducted in a piecemeal manner, responding to problems and issues as they come to light, or will we have a comprehensive review of all aspects of legislation relating to unmanned aircraft, as some have called for? The Airport Operators Association says in its briefing—which I am sure a number of noble Lords will have received—on Part 3 of the Bill on unmanned aircraft: "We are, in addition, disappointed that the Government have not taken the opportunity to include other elements called for by the majority of the industry and achieve one comprehensive piece of legislation on drone safety and usage." The piecemeal approach would appear to be in vogue at the moment. Even with this Bill, the Government have taken the line—and it has been repeated today—that this is about police enforcement powers and that, in their view, it is inappropriate to use this Bill for further unmanned aircraft regulation. There are also the Henry VIII powers in the Bill, which we have discussed. They provide for the creation of new offences by the Secretary of State, by regulation on an ad hoc basis, and for the addition of offences by the Secretary of State by regulations on an ad hoc basis. That again suggests a piecemeal approach by the Government to their continuous review of the legislation on unmanned aircraft to ensure that it remains fit for purpose. If legislation affecting unmanned aircraft is reviewed on a piecemeal basis, then when a problem or deficiency is exposed, we risk the equivalent of a second Gatwick incident. This amendment calls for a strategy for reviewing legislation relating to unmanned aircraft—a strategy which, based on the evidence, frankly, is needed—and for that strategy to be prepared by the Secretary of State. I await the Government’s response.