Given that he made an “end of the runway” comment, it is only fair to say that I have always found him incredibly “plane-speaking”.
I would like to talk about inclusion and innovation, largely because the Bill does not talk very much at all about these issues. There is clause after clause on proposed secondary legislation, but secondary legislation as set out in the Bill is permissive; it is not in any sense mandated. While I can understand, and support, the need for flexibility when it comes to provisions for secondary legislation, that goes to prescription and operational detail and the need for flexibility there; it should not be flexible and permissive when it comes to the principles, particularly around inclusion. Does the Minister not agree that there could be a lot more on the principles of inclusion on the face of the Bill?
“Come fly with me, let’s fly, let’s fly away”.
Lovely words from Mr Sinatra, but what if you are a sight-impaired passenger, or a wheelchair user, or somebody with different mobility or cognitive needs? Perhaps not so much. When it comes to the experience of disabled people, flying can often be torturous and anxious-making before even arriving at the airport. It can be an experience that is not uplifting but dire, sometimes discriminatory and often demeaning. Sometimes you are left in the terminal; sometimes, if you get to board, you are left on the aircraft at the end of the flight. When you finally emerge from the aeroplane, you oftentimes find that your wheelchair or essential mobility equipment has been damaged or destroyed. Come fly with me? Not without greater protection and coverage on the face of the Bill, not least for disabled people.
What about older people, who are not mentioned in the Bill? What about younger people: passengers and minors who are travelling unaccompanied? No increased safeguarding provisions for them are set out in the Bill. There is no equality assessment of passenger complaints and actions taken when it comes to disability and mobility issues. When we look at the current draft of the Bill, we see nothing specifically for disabled people, older people or younger people, or anything specific on equality. Does the Minister not agree that having an inclusive-by-design statutory duty on the face of the Bill would be a huge step forward—yes, for disabled passengers, but for all passengers boarding a plane?
I turn to innovation. This is an industry that has come up with some of the greatest innovations and advances in science, engineering and technology across the country and around the world. It is therefore interesting that, when it comes to new and emerging technologies such as AI, blockchain, cyber and quantum, the Bill is again curiously silent. There is nothing on an AI layer for slot allocation and transaction, the issue of passenger redress and, crucially, the issue around airspace itself. What about digital tools for passengers to press their claims, assess their stage and track where they are? They could be empowered through the digital tools that could be put in their hands as a potential consequence of this legislation.
What about data? What about interoperability? Many of the powers in the Bill will potentially dramatically increase the amount of data gathered—commercially sensitive data and data that could easily identify private individuals—yet the Bill is currently silent on that. There is nothing on AI governance, responsible AI or ethical deployment, all of which could be set out at a high level in the Bill without in any sense frustrating the flexibility of the proposed secondary legislation.
To give one example of where AI could positively impact, imagine a system whereby claims under the already mentioned Regulation EC 261/2004 could be assessed automatically by AI and the compensation not only calculated but paid. Similarly, imagine predictive analytics used before disruption has even occurred, looking at data around weather patterns and so on. Imagine what AI could do on slot allocation, using the level of data and analytics already available, if it was brought together with powerful AI tools—and perhaps a blockchain basis for slot allocation and transaction in the first place, to give that immutable record of what is happening in what can sometimes be a somewhat opaque exercise.
If we do not address these technology questions in a framework capacity in the Bill, we will have different approaches to AI and other technologies for consumer redress, passengers tracking their claims, slot allocation and airspace itself. This will differ and be variable, with, crucially, a lack of clarity and consistency. That is completely avoidable if we get it right at this stage.
To conclude, inclusion by design is absolutely essential and currently lacking. Innovation in all its forms is curiously absent from the current draft of the Bill. In many ways, to be only somewhat reductive, we currently have a Bill that in some ways pushes digital by default but is without inclusion by design. If unamended, it will leave exclusion by default and exclusion by design.
