PARLIAMENTARY DEBATE
Drones: Consultation Response - 7 January 2019 (Commons/Commons Chamber)
Debate Detail
The disruption caused by drones to flights at Gatwick airport last month was deliberate, irresponsible and calculated, as well as illegal. It meant days of chaos and uncertainty for over 100,000 passengers at Christmas, one of the busiest times of the year. Carefully planned holidays were disrupted, long-expected reunions between friends and relatives missed. Families were forced to spend hours at an airport, not knowing if or when they would reach their destinations—completely unacceptable and utterly illegal. I pay tribute to all at Gatwick and other airports who worked very hard to make sure people did get away, albeit belatedly, for their Christmas breaks, and I thank all those in the defence world and the police who worked hard to get the airport back together again, and of course Sussex police are now leading the investigation into this criminal activity.
I am clear that, when caught, those responsible should face the maximum possible custodial sentence for this hugely irresponsible criminal act, and I want to assure the House that my Department is working extremely closely with airports, the Home Office, the Ministry of Defence, the Civil Aviation Authority and the police to make sure our national airports are fully prepared to manage any repeat of what was an unprecedented incident. I spoke personally to the heads of the major UK airports before Christmas, and later this week the aviation Minister, Baroness Sugg, will meet them again for an update on progress. In the meantime the Ministry of Defence remains on standby to deal with any further problems at Gatwick or any other airport if required.
This incident was a stark example of why we must continue to ensure drones are used safely and securely in the UK. Today I am publishing the outcome of our recent consultation, “Taking flight: the future of drones in the UK.” We received over 5,000 responses to that consultation reflecting a broad range of views. Those responses underlined the importance of balancing the UK’s world-leading position in aviation safety and security with supporting the development of this emerging industry. The Government are taking action to ensure that passengers can have confidence that their journeys will not be disrupted in future, aircraft can safely use our key transport hubs, and criminals misusing drones can be brought to justice.
The UK is where technology companies want to build their businesses, invest in innovation and use science and engineering to bring immense benefits to this country. Drones are at the forefront of these technological advances and are already being used in the UK to great effect. Our emergency search and rescue services use drones on a regular basis. Drones can also reduce risks for workers in hazardous sectors such as the oil and gas industries, and this technology is also driving more efficient ways of working in many other sectors, from delivering medicines to assisting with building work.
However, the Gatwick incident has reinforced the fact that it is crucial that our regulatory and enforcement regime keeps pace with rapid technological change. We have already taken some big steps towards building a regulatory system for this new sector. It is already an offence to endanger aircraft. Drones must not be flown near people or property and have to be kept within visual line of sight. Commercial users are able to operate drones outside of these rules, but only when granted CAA permission after meeting strict safety conditions.
Education is also vital to ensure everyone understands the rules about drone use. That is why the CAA has been running its long-standing Dronesafe campaign and Dronecode guide—work that is helping to highlight these rules to the public. And on 30 July last year we introduced new measures that barred drones from flying above 400 feet and within 1 km of protected airport boundaries. In addition, we have introduced and passed legislation that will mean that from November all drone operators must register and all drone pilots complete a competency test.
However, we now intend to go further. Today’s measures set out the next steps needed to ensure that drones are used in a safe and secure way and that the industry is accountable. At the same time these steps will ensure that we harness the benefits that drones can bring to the UK economy.
A common theme in those 5,000 consultation responses was the importance of the enforcement of safety regulations. The Government share that view. The majority of drone users fly safely and responsibly, but we must ensure that the police have the right powers to deal with illegal use. We will therefore shortly be introducing new police powers. These include allowing the police to request evidence from drone users where there is reasonable suspicion of an offence being committed, as well as enabling the police to issue fixed penalty notices for minor drone offences. Those new powers will help to ensure effective enforcement of the rules. They will provide an immediate deterrent to those who might misuse drones or attempt to break the law.
My Department has been working closely with the Home Office on the legislative clauses that will deliver these changes. It is of course crucial that our national infrastructure, including airports and other sites such as prisons and energy plants, are also adequately protected to prevent incidents such as that at Gatwick. We must also ensure that the most up-to-date technology is available to detect, track and potentially disrupt drones that are being used illegally, so we have also consulted on the further use of counter-drone technology. Those consultation responses will now be used by the Home Office to develop an appropriate means of using that technology in the UK.
Of course, aviation and passenger safety is at the heart of everything we do. While airlines and airports welcomed our recent airport drone restriction measures, they also asked for the current airport rules to be amended in order to better protect the landing and take-off paths of aircraft. We have listened to those concerns, and we have been working with the CAA and NATS to develop the optimum exclusion zone that will help to meet those requirements. It is important to stress that any restriction zone would not have prevented a deliberate incident such as that at Gatwick. However, it is right that proportionate measures should be in place at airports to protect aircraft and to avoid potential conflict with legitimate drone activity. We will therefore introduce additional protections around airports, with a particular focus on protected exclusion zones from runway ends, alongside increasing the current aerodrome traffic zone restrictions around airports. Drone pilots wishing to fly within these zones must do so only with permission from the aerodrome air traffic control. We will amend the Air Navigation Order 2016 to implement these changes.
I want to address some of the rather ill-judged comments that have been made by Labour Members. Let me remind them of three things. First, the event at Gatwick airport was a deliberate criminal act that can carry a sentence of life imprisonment. We can pass new laws until the cows come home, but that does not stop people breaking them, and the law is as tough as is necessary to punish the perpetrators of an attack such as this. Secondly, this was an entirely new type of challenge. It is noteworthy that, since the events at Gatwick, we have been approached by airports around the world for our advice on how to handle something similar. Thirdly, the issue was solved only by the smart and innovative use of new technology. For security reasons, I am not going to give the House details of how this was achieved, but I want to extend my thanks to the Ministry of Defence for moving rapidly to put a new kind of response into the field.
There is no question but that lessons have to be learned from what happened at Gatwick. Passengers have to be able to travel without fear of their trips being disrupted by malicious drone use. Airports must be prepared to deal with incidents of this type, and the police need the proper powers to deal with drone offences. We must also be ready to harness the opportunities and benefits that the safe use of drones can bring. The measures I have announced today in response to the consultation will take us forward on that front, and I commend this statement to the House.
It is not only Labour Members who are critical. Colonel Richard Kemp, a former intelligence chairman of the Cabinet’s emergency Cobra committee, said:
“It is amazing that this kit”—
the kit to defeat drones—
“was not in place and that we have had to wait two days for it to be installed. This drone incident is hardly a surprise. They’ve been known about for years.”
And Lord Dannatt, the former head of the Army, said:
“By any analysis, the fiasco at Gatwick over the last few days has been a national embarrassment of near-biblical proportions. With most of Europe already sniggering at the United Kingdom over our Government’s inept handling of Brexit, we did not need to add more lines to the pantomime script.”
Of course, right hon. and hon. Members will vividly recall the Secretary of State describing the ennoblement of General Dannatt as a “political gimmick” by the Labour party, only for him then to realise that the former Army chief was in fact ennobled by—you’ve guessed it—the Conservative party.
It is good to learn that the Government might finally listen to the advice of industry on extending drone exclusion zones around airports to some 5 km, but it is unfortunate that this advice was not considered sooner. It is also unfortunate that the drone incursion at Gatwick airport in July 2017 did not serve as a warning to the Secretary of State. He clearly learned no lessons from that incident, and he was totally negligent in failing to bring forward measures to better protect national infrastructure. The Government’s approach to drones has been chaotic, and the industry clearly has no faith in his ability to deal with serious incidents. It was no surprise to learn from the media that, during the Gatwick incident, the Secretary of State was stripped of his command by the security services due to his inaction. An effective Transport Secretary would have taken decisive action once the threat was known and understood. Earlier and clearer direction from him would have given airports the confidence to invest in anti-drone technology. His prevarication has delayed investment in detection and prevention measures. Why did he not ensure that proposals were brought forward to universally license such technology for use at airports?
Labour has repeatedly warned Department for Transport Ministers over the last several years that they needed to take action on drones, yet nowhere near enough has been done. The drone consultation closed five months ago, yet the Gatwick fiasco still happened, and it is abundantly clear that the Department is totally distracted by having to deal with this Government’s chaotic Brexit, including extending the duties of departmental staff to handing out blankets, sandwiches and hot drinks to lorry drivers who find themselves trapped on the M20. Following the Vehicle Technology and Aviation Bill, which fell before the last election, the Government have found the time to legislate on space flight and air travel organisers licences, as well as vehicle technology and lasers during this Parliament, but their failure to bring forward detailed plans on drones has had disastrous consequences.
It is frankly astonishing that there were no plans in place across the Government Departments to deal with a drone attack. Why was there no urgent, clear and effective response? The drones Bill will seemingly include powers for the police to enforce any new laws or regulations relating to drones. Greater police powers are welcome, but they are meaningless without more resources. What arrangements does the Secretary of State intend to set out to enable airports to act urgently in the event of a hostile drone incursion? What steps will he take to give confidence to airports that their actions will be permitted and lawful? Drone licensing and registration are not due to come in until November 2019. Should not the Secretary of State accelerate the introduction of such provisions in all circumstances? Developing drone technology presents huge public policy challenges that demand a sweeping, cross-departmental response across Government. My fear is that the rhetoric we have heard from the Government today is many miles away from reality, and is it not stark-staringly obvious that this Secretary of State is not up to the job?
The hon. Gentleman’s second point was about technology. Let me gently explain that the technology that was deployed with the help of the Ministry of Defence, for which we are grateful, to tackle the problem is new and unavailable elsewhere in the world. This country is at the forefront of developing systems that can combat this kind of issue, and a huge amount of work is ongoing to find out what is on the market and to assemble new kinds of systems, but there simply is not an off-the-shelf solution available to airports that they could buy tomorrow to provide protection against such attacks. A huge amount of work will now take place to ensure that that can happen, but he is simply ill-informed if he believes that there is some magic solution that was not put in place.
The third point is that other airports are now placing a huge amount of focus on ensuring that such things cannot happen again. Above all, however, we have put in place a mechanism to redeploy the MOD capability should such an event occur again. I hope that it does not, but we know how to deal with it if it happens again, and other airports around the world are coming to us asking, “What do we need to do?” That is the reality of what is happening, not the nonsense we have just heard from the Opposition spokesman.
How much was spent on overtime over the holiday period to get the consultation response document ready for the first day back so that the Secretary of State could pretend that he is suddenly in charge? How did the Government come up with a 400 feet-high and 1 km-wide exclusion zone? Using two different methods of measurement is a complete recipe for confusion. What consultation was undertaken at that time? What was BALPA’s view? What was the view of the Civil Aviation Authority and NATS when the previous exclusion zone was proposed? How has the Secretary of State now suddenly arrived at a 5 km exclusion zone? Why did the Government not meet the stated target of a draft Bill by summer 2018? What updates on that lack of progress did they ever give to Parliament?
Given that legislation regarding the use and deployment of drones is reserved to Westminster, what support will the UK Government offer to Scottish airports to allow them to comply with any changes? Will that include financial support? The Secretary of State mentioned that the Home Office is legislating for and developing the appropriate means of using the new technology, so which is the lead Department? Will all the legislation come in one new Bill? How do we know that the planned timetable will be met?
Under this Secretary of State’s watch, we have had the east coast mainline bail-out, the Northern rail fiasco, the Thameslink rail fiasco, delays to High Speed 2, contracts awarded to Carillion, and a ferry contract awarded to a company with no ferries. Today, his Department could only muster 89 lorries out of a planned 150 for a pretend no-deal scenario planning exercise. When we factor in the drone legislation fiasco, when is he going to move aside?
The hon. Gentleman talked about the approach to the exclusion zone around airports. We judge that it is necessary to provide as much protection as possible to the flight path into and out of an airport, which is why we end up with something that looks more like the Transport for London sign, with bits sticking out either side to provide extra protection for the approach and landing areas, than a pure circle around the airport. As for Scottish airports, they have been a part of the discussions that I had over the Christmas period and will be a part of the discussions that Baroness Sugg will be having later this week.
The Secretary of State has spoken about the need to legislate, and about registering drones. The trouble is that most of them come in from China and, increasingly, a lot of them can be DIY built. The people who do that do not register, and they have no regard for regulations. Those drones will certainly not carry devices that make it possible to disable them, to ensure that they are not harmful near airports. What is he doing about that?
“we have the current issue of drones near aircraft, which needs to be addressed in an air strategy. I hope that the Minister will do something about that before there is a critical problem.”—[Official Report, 20 April 2016; Vol. 608, c. 357WH.]
The Minister of State said in that debate that he was
“wise enough not to stray into”—[Official Report, 20 April 2016; Vol. 608, c. 361WH.]
those issues. Is it still wise not to have not done anything for more than three years?
It is right that technological solutions must keep pace with the threats that we face. What consideration has the Secretary of State given to live-update geofencing to make sure that if people are accidentally flying a drone near a restricted airspace—around not only airports but defence installations—that drone will not be able to access that airspace and that it can be live-updated by the authorities to make sure that drones do not enter any restricted airspace?
As a constituency MP, like many others here with airports within distance of their constituencies, I wonder whether the Secretary of State can give some assurances to my constituents, specifically in Whitecrook in the burgh of Clydebank. Does the Secretary of State recognise that disruptive technology is not new?
With all due respect to my hon. Friends and colleagues who were disrupted during the travel episode, this is also not just about the traveller. It is about the person living on the ground, if a tragic event should bring down a liner on top of a community represented by any of us. Fundamentally, this is not just about airports or aeroplanes. What should happen, as the Chair of the Select Committee himself asked, if someone should use a drone to attack a piece of infrastructure, whether it be an oil refinery or rig, or a large drone hits the front of a high-speed intercity train? The Secretary of State must recognise the consequences of this situation and the impact on people’s lives if nothing is done about it.
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