Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 — House of Lords, 2019-10-07
Topic: Transportation
Charlotte Vere (Conservative, Centre-right): I thank both noble Lords for their contribution to this short debate. I hope I will be able to answer all the questions that have been raised. The noble Baroness, Lady Randerson, asked about the CAA. I agree with her—at the moment the CAA can do no wrong in my eyes, quite frankly. It brought our people home without fuss or nonsense and mostly without error—all credit to it for its work on Operation Matterhorn. However, it has the expertise in this area. It is a substantial organisation with a lot of people with expertise in a range of areas and it understands the air services markets particularly well The noble Baroness was concerned about resourcing. That is always my concern with the CAA as well. Section 11 of the Civil Aviation Act 1982 permits the CAA to make a scheme for determining charges. These charges would be met by those airlines that would be harmed by the anti-competitive practices. In essence, resources for the CAA would be met by those airlines that would be harmed by this action. Officials have worked very closely with the CAA in the development of this instrument and we believe it is content The Department for Transport might have a role in the investigatory stage. It will get involved only if it has the relevant expertise and, as importantly, only if its assistance is requested by the CAA. It is not as though the department will get in there and stick its nose in where it is not welcomed. We do not envisage a proactive role in the investigation. There will be a specific request. For example, sometimes the CAA can feel that it is more appropriate for the DfT to request information from third-party Governments. That sort of request comes better from the Government than from the CAA. But as I said, the department would very much be there in a supporting role I turn to the points made by the noble Lord, Lord Rosser, about the SIs that might be tabled in the unlikely event that the CAA recommends that redressive measures should be adopted. I point out to noble Lords that we do not expect that the provisions in this SI will be needed—it is very much a safety net just in case—but if that happens the Secretary of State will put forward regulations in the form of a draft statutory instrument. If there was one airline involved, it clearly would be a single airline instrument that would set out the redressive measures proposed. It would be up to Parliament to decide whether it was appropriate. If there are multiple airlines, they could be within the same SI or they might not be. It would really depend on the circumstances. As I said, it is slightly uncharted territory because these sorts of issues rarely get to the stage where one would use an SI such as this. Usually they would be sorted out in air services agreements much in advance of getting to this stage The noble Lord asked about the engagement we have had with industry stakeholders. I reassure him that we meet the aviation industry very frequently. Indeed, I was the Aviation Minister for a while and I had the honour of meeting the industry on many occasions. At each of the groups we had—for example, the round-table meetings we had on 18 February, 10 July and 16 September—we put forward where our future legislative programme might impact the industry to ensure it responds appropriately where it has concerns. I have to be frank: I have found the aviation industry to be extremely responsive. It is represented very well by various trade bodies. For that reason, we believe that there are no concerns, since none was raised with us I thank noble Lords for their consideration of these regulations.