I thank the Minister for explaining the purpose and content of these regulations, which set out the contingency measures for the licensing and oversight of flights to and from the UK in the event of no deal with the European Union. UK carriers will require a route licence, as well as the operating licence that is currently required under EU law, for operations beyond the UK. Air carriers from the European Economic Area will also have to obtain a foreign carrier permit to operate in the UK.
In the event of there being no deal with the European Union, UK and EU airlines will no longer have the automatic right to operate air services between the UK and the EU without the need for advance permission from individual states. In this scenario, the Government expect to grant permission to EU carriers to operate to UK airports and for this to be reciprocated by EU states granting permission to UK air carriers to operate to points in the EU. Failing such a multilateral agreement, the Government’s intention would be to seek bilateral arrangements with individual states. I know that this point has been raised before but I raise it again: why do the Government believe that such bilateral arrangements between the UK and individual states could actually be put in place in the short time left even between now and 29 March 2019, let alone between early or mid-December and the end of March 2019?
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Since in a no-deal situation, UK airlines will need a route licence as well as an operating licence to operate air services to the EU, the regulations require UK-licensed air carriers to have both licences to operate air services outside the UK. Is there any restriction on the number of route licences that will be available? I know that this point has been asked before but I ask it again: what additional burden workload-wise will the issuing of route licences to airlines which need them prior to next day impose on the CAA? What increase in applications for route licences is expected and how long, on average, does it take to process and make a decision on such an application and then, if agreed, to issue that licence?
In the event of no deal, EEA airlines will need to apply for a foreign carrier permit to operate in the UK. What additional workload will this impose on the CAA between now and exit day? Once again, how long will it take to process and make a decision on whether to agree to a foreign carrier permit and, if agreed, to issue such a permit? How many such applications are expected between now and exit day, and against what criteria will decisions be made on whether to issue a foreign carrier permit?
EU law currently provides for an internal market, as the Minister and others have said, in the wet leasing of aircraft, and harmonises restrictions on the leasing of aircraft from third countries. The current regime of approvals for UK carriers wishing to lease aircraft is maintained under these regulations but, as has been said, the market access arrangements for the wet leasing of aircraft, as set out in paragraph 7.6 of the Explanatory Memorandum, will not be reciprocal with the EU. I know this has been asked already but I simply ask again: what are the implications for carriers of potentially not being able to benefit from the same arrangements in EU states after exit, in the light of our maintaining the current wet-leasing arrangements?
I am conscious of what the Minister said. I think she was referring to the part in paragraph 6 of the revised draft Explanatory Memorandum which states:
“The Secretary of State can withhold approval if there is not a reciprocal level of market access with the country from which the carrier proposes to lease an aircraft”.
However, in what circumstances would the Secretary of State withhold that approval, in the light of the fact that there does not automatically seem to be reciprocity in the regulations?
On page 11, the Explanatory Memorandum refers to the widening of the scope of certain criminal offences, which are in the Air Navigation Order 2016, through the regulations. The effect would be that all foreign carriers operating to the UK, whether from the EEA or beyond, would be subject to the same legal requirements. How many non-EEA foreign air carriers per year currently fall foul of the criminal offences in question, which are being widened in scope in these regulations to cover EEA air carriers in the event of no deal?
Finally, although I appreciate that I have been briefer than other noble Lords, which is not an adverse comment as they made most of the points that need to be made, I would be grateful for an answer to this. I think the Minister referred to the communication of 13 November that we have had from the Commission
about preparing for the withdrawal of the United Kingdom from the European Union on 30 March. It has a section on transport, which says that if there is no agreement it,
“would lead to abrupt interruptions of air traffic between the United Kingdom and the European Union, due to the absence of traffic rights and/or the invalidity of the operating licence or of aviation safety certificates”.
As the Minister knows, the document then goes on to set out what the Commission would do in that situation on traffic rights, aviation safety and certain other issues.
Can she confirm that the document to which I have referred is the one that the EU would seek to apply in the event of no deal—that is, that what it says about traffic rights and other issues is what it seek to negotiate with us on aviation in the event of no deal? If I am right in thinking that—I should be grateful for confirmation that I have understood it correctly—would what the Commission proposes in this document be acceptable to the UK in the event of no deal?