Air Traffic Management and Unmanned Aircraft Bill [Lords] – in a Public Bill Committee am 10:30 am ar 9 Chwefror 2021.
Charles Walker
Chair, Administration Committee, Chair, Administration Committee
With this it will be convenient to discuss the following:
That schedule 11 be the Eleventh schedule to the Bill.
Robert Courts
Parliamentary Under-Secretary (Department for Transport)
The Clause introduces schedule 11, which contains powers to ensure that any new offences related to unmanned aircraft, including those created via an air navigation order or in relation to particular EU-derived legislation on unmanned aircraft, can be enforced using the police powers in the Bill. The aim of the schedule is essentially to future-proof as much as possible the enforcement of legislative requirements relating to unmanned aircraft. It contains provisions that will enable the police powers in the Bill to be used to enforce new offences relating to unmanned aircraft in future.
Schedule 11 contains powers that allow for amendments to be made in subordinate legislation to schedule 8, clause 14 and schedule 9 once the Bill becomes an Act in the light of changes in relevant subordinate legislation. The definition of “relevant subordinate legislation” includes the Air Navigation Order 2016, the creation of a new air navigation order, regulations made by the Secretary of State under retained law and regulations made under the power in paragraph 3 of the schedule.
Those Henry VIII powers may be relied on for three specific purposes. First, the police powers can be amended so that they can be used to enforce new offences relating to unmanned aircraft created in future relevant subordinate legislation. Secondly, paragraph 1 provides for amendments to be made to the Act to ensure the maintenance of the effect of the powers where they would otherwise cease to be effective because of provisions in relevant subordinate legislation. Thirdly, schedule 11 provides for a power to amend the Act in consequence of provisions made in any relevant subordinate legislation to confer a police power that corresponds to a power conferred by schedule 9.
Paragraph 3 provides for enforcement of particular EU-derived legislation. The schedule contains a power to create criminal offences and civil penalties so that the legislation’s requirements can be properly enforced. Without schedule 11, it would not be possible to ensure that the enforcement of offences relating to the use of unmanned aircraft remained feasible, especially in the light of new and often rapid developments in unmanned aircraft technology and its possible misuse in future, with which the related legislation has to keep pace.
Sam Tarry
Shadow Minister (Transport)
It is an honour to serve under your chairmanship, Sir Charles. We seem to be whistling through the Bill faster than the snow is falling on the Thames.
I thank the Minister for his comments. The Opposition share many of the British Airline Pilots Association’s concerns about the catastrophic collisions that could happen if drones were used maliciously or even incautiously and far too close to airports. We would therefore like reassurance from the Minister about restrictions on drone flights, for example, if the in-built safety features such as geo-fencing, lights or the transponder were retuned or deliberately disabled. The Minister said that penalty notices applied to those aged 18 and over, but it is clear that sales of drones are often to people under 18. We know how ingenious many of our young people are in this day and age, when it is possible to plug a drone into a computer and reconfigure its parameters. Sometimes we need to think about how to ensure that we are not being outwitted by people who purchase and use those items.
I would also like reassurance about the distinct threat of unmanned aircraft pilots operating drones as swarms. That is a potentially dangerous development. The military not just in the US but in Israel have been testing that, and it would not be beyond the wit of civilians purchasing unmanned aircraft to do it. We need reassurance that the police are equipped with the technology to disable a single swarm of drones conducting a mission. We also need to satisfy the safety concerns about overseeing those multiple unmanned aircraft if they are performing different missions.
The Opposition are concerned about the Bill’s failure to recognise wake turbulence. Again, the British Airline Pilots Association has raised that matter. Wake turbulence is stipulated in law in terms of the distance between aircraft, but unmanned aircraft are not currently covered. That could be a significant safety issue for the public if a drone crashed over a populated area due to an aircraft’s wake turbulence. Those are some of the areas of concern on which we would like to hear reassurances from the Minister.
Robert Courts
Parliamentary Under-Secretary (Department for Transport)
10:45,
9 Chwefror 2021
I thank the hon. Gentleman for those excellent points. They show the complexity of the challenge we face as we adapt to welcoming this new technology while ensuring that it does not pose a danger to those on the ground or in the air. For those reasons, we have constructed the Bill in the way that we have, so that it is able to adapt and flex to technology or operating practices that change in the future.
Many of the hon. Gentleman’s points will be covered by some of the definitions of the way people operate drones in the Bill—for example, their operation as swarms, or in relation to wake turbulence. I suggest that is not something that needs granularity on the face of the Bill. It is a practice that could be tackled by the police when they operate under the powers conferred by the Bill. The police have been heavily involved in the drafting and preparation stages of the Bill, and we continue to work with operational partners, not just the police, but related agencies, such as the CAA, We have been keen to ensure that the Bill not only gives the flexibility required, but is realistic to implement once it becomes law. We will obviously continue to work closely with the CAA and police to make sure they are ready to respond to changes made to offences using the powers in schedule 1.
Police training and guidance relating to unmanned aircraft and powers in the Bill are a key part of the Government’s counter-unmanned aircraft strategy, which continues in any event. Briefings and general guidance are provided to officers with more specialist advice available in the form of tactical advisers to ensure the most efficient and effective use of policing resource.
The hon. Gentleman also asked about the resources available to the police. Again, I pray in aid those aspects of the legislation, because we have worked closely with the police to provide them with the guidance to ensure they have the resources that they require. I think I have covered all the hon. Gentleman’s points.
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A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
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