The implications of an extended ban on laptops, Brexit and abolishing card fees were discussed at the event hosted by the specialist legal firm. Ian Taylor reports
A laptop ban ‘would need to be managed carefully
Aviation security experts say a laptop ban in aircraft cabins could be made to “work” but would need to be “managed carefully”.
The threat of a ban on laptops and tablets in cabin bags on flights between Europe and the US appeared to diminish last week following a meeting between US and EU officials in Brussels. But reports suggest US authorities are now considering a worldwide ban.
EasyJet head of security Michael Broster said: “If there is a ban we will make it work.” He told the Hill Dickinson aviation law seminar: “We’ll need to manage it. But in the short term there would be some issues at major airports.”
Peter O’Broin, policy manager at the UK Airport Operators Association, said: “If we need heightened security measures, we’ll implement them. We’ll do whatever we’re directed to do.”
But he said: “A ban would need to be managed carefully. Do passengers start putting everything in the hold?”
O’Broin told the seminar: “We do a good job on aviation security. We have a good record. The challenge is to build a strong passenger experience around it. The more comfortable you make passengers [going through security], the more someone who is up to something stands out.”
Matthew Finn, managing director of security firm Augmentiq, agreed security “is very good”.
But he said: “A ban would suggest airport security is incapable of detecting an improvised device in cabin baggage.”
He pointed out: “Invariably, at an airport you go through security checks as an unknown [traveller], but the airline knows who you are. Why aren’t we using the PNR [passenger name record] data?”
Finn criticised the low pay and poor employment terms for airport security work, saying it led to a high turnover of staff, and blamed “pressure on costs”.
He said: “Staff are often on zero‑hour contracts and low pay. Career opportunities are often not there. There is a high churn rate. People bounce out of aviation security quite quickly.”
Detective chief superintendent Scott Wilson of the UK’s National Counter Terrorism Security Office warned: “Aviation is a key target – it creates big headlines. Isis wants a lot of attacks.”
ERA chief ‘confident’ of EU-UK aviation deal
The head of the ERA European airlines association expressed “confidence” in an EU-UK deal on aviation following Brexit, but said “the posturing has to stop”.
Simon McNamara, director general of the European Regions Airlines Association (ERA), said: “I’m very confident there will be an agreement.”
However, a leading industry tax lawyer warned of “a scramble” on legal issues around Brexit.
McNamara told the Hill Dickinson seminar: “Nobody expects you suddenly won’t be able to fly, just as nobody expects the phone lines to go dead.” But he warned: “Airlines need certainty – legal certainty, operational certainty. There is a lot of posturing at the moment on both sides and it needs to stop. This is not just a UK problem; it’s a European problem. Everyone in aviation wants to preserve the status quo.”
Lawyer and Hill Dickinson partner Iain Donaldson said: “There is no time to change 7,600 [EU] regulations in two years. The UK’s Great Repeal Bill will carry over all [EU] legislation at the time of Britain’s exit. But that doesn’t quite work. A lot of the law is interpretive. The EU wants subsequent European Court of Justice decisions on how the law should apply accepted [by Britain].”
Donaldson forecast “a bit of a scramble” and said: “Doubt will be compounded.”
Industry urged to prepare for block on credit card fees
An EU prohibition on credit card charges from January will cause “financial disruption” to the industry, a specialist lawyer has warned.
Hill Dickinson associate Lucy Schofield reminded seminar attendees: “You won’t be able to pass on credit card charges from January 2018.
“If a customer pays by card, you can’t charge even if you pay a charge. There is scope for a lot of financial disruption to the industry.”
The prohibition forms part of the revised Payment Services Directive (PSD2).
Schofield pointed out: “You’re not obliged to accept card payments, but bear in mind the information customers have that if they pay by credit card they are financially protected.
“You can’t differentiate between payment methods, but you could introduce a blanket payment charge or a booking fee. You could introduce bank transfer [payments].
She said: “You need to update your policies, train employees and consider changes to general pricing.”