The Telegraph has been told off. Big deal . . .

A toothless PCC won’t stop other newspapers using the <em>Telegraph</em>’s tactics: the rewards outw

The Telegraph has been given a pretty stern ticking-off by the Press Complaints Commission for its sting against Vince Cable and other senior Liberal Democrats. The Telegraph will go and sit on the naughty step and think about what it's done; and then everything will carry on much as before.

It's a decision that shows exactly how powerful – or not – the PCC is. But maybe there is no point in pretending that the PCC has any power other than the ability to wag its finger and go red in the face when its unruly charges step out of line. Maybe that's what the industry wants – and maybe that's what we as consumers want. Perhaps we don't like anything other than light-touch regulation, where publications that breach the code are forced to print the adjudication decision, on a page of their choosing.

So the Telegraph has been told off, but there's nothing to stop it, or any other paper, from going out on another "fishing expedition" this afternoon, or repeating exactly what happened with the Lib Dems. And maybe that's as it should be. There seems little appetite for change, as far as I can tell. Every year the PCC asks consumers what they think; every year, the vast majority of their suggestions are politely rejected. And no one makes a fuss about it. So, it may not be unfair to conclude that we must be happy with the current situation.

Richard Desmond's newspapers and magazines have pulled out of the self-regulation agreement without any considerable difference or shrieking outcry. Desmond has saved himself the cost of the whole self-regulation business, and everything has carried on.

Looked at from Desmond's point of view, it makes sense. Under the PCC, he had to pay money to be told, every now and then, that his newspapers had done something wrong – and bear the consequences. Well, I say "consequences", but there were no consequences other than having to print the adjudication. Everything carried on just as it was. Why pay for nothing to happen when you can pay nothing for nothing to happen?

There has been no great clamour for the Desmond newspapers to return. Readers have not demanded that Desmond's newspapers and magazines should return to the fold of the PCC, nor wrung their hands in worry about where to complain to get justice when they have a problem. It may be because we're entirely happy with the way things are, with a PCC regulating some of our newspapers and leaving others to fend for themselves; or it may be because readers don't anticipate there being any benefits to Desmond's papers being back under the PCC. It could be that, I suppose.

So, the Telegraph has been told off. Big deal. It got a huge story out of the secret recordings, several days' worth of front-page exclusives. Put that in one pan and put the wagging finger of the PCC in the other, and you can see whether it will dissuade anyone from using such tactics in the future.

And we don't complain, we don't demand reform of the PCC, we don't want things to change; so we must be happy that this is the way things work.

Patrolling the murkier waters of the mainstream media
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The Brexit Beartraps, #2: Could dropping out of the open skies agreement cancel your holiday?

Flying to Europe is about to get a lot more difficult.

So what is it this time, eh? Brexit is going to wipe out every banana planet on the entire planet? Brexit will get the Last Night of the Proms cancelled? Brexit will bring about World War Three?

To be honest, I think we’re pretty well covered already on that last score, but no, this week it’s nothing so terrifying. It’s just that Brexit might get your holiday cancelled.

What are you blithering about now?

Well, only if you want to holiday in Europe, I suppose. If you’re going to Blackpool you’ll be fine. Or Pakistan, according to some people...

You’re making this up.

I’m honestly not, though we can’t entirely rule out the possibility somebody is. Last month Michael O’Leary, the Ryanair boss who attracts headlines the way certain other things attract flies, warned that, “There is a real prospect... that there are going to be no flights between the UK and Europe for a period of weeks, months beyond March 2019... We will be cancelling people’s holidays for summer of 2019.”

He’s just trying to block Brexit, the bloody saboteur.

Well, yes, he’s been quite explicit about that, and says we should just ignore the referendum result. Honestly, he’s so Remainiac he makes me look like Dan Hannan.

But he’s not wrong that there are issues: please fasten your seatbelt, and brace yourself for some turbulence.

Not so long ago, aviation was a very national sort of a business: many of the big airports were owned by nation states, and the airline industry was dominated by the state-backed national flag carriers (British Airways, Air France and so on). Since governments set airline regulations too, that meant those airlines were given all sorts of competitive advantages in their own country, and pretty much everyone faced barriers to entry in others. 

The EU changed all that. Since 1994, the European Single Aviation Market (ESAM) has allowed free movement of people and cargo; established common rules over safety, security, the environment and so on; and ensured fair competition between European airlines. It also means that an AOC – an Air Operator Certificate, the bit of paper an airline needs to fly – from any European country would be enough to operate in all of them. 

Do we really need all these acronyms?

No, alas, we need more of them. There’s also ECAA, the European Common Aviation Area – that’s the area ESAM covers; basically, ESAM is the aviation bit of the single market, and ECAA the aviation bit of the European Economic Area, or EEA. Then there’s ESAA, the European Aviation Safety Agency, which regulates, well, you can probably guess what it regulates to be honest.

All this may sound a bit dry-

It is.

-it is a bit dry, yes. But it’s also the thing that made it much easier to travel around Europe. It made the European aviation industry much more competitive, which is where the whole cheap flights thing came from.

In a speech last December, Andrew Haines, the boss of Britain’s Civil Aviation Authority said that, since 2000, the number of destinations served from UK airports has doubled; since 1993, fares have dropped by a third. Which is brilliant.

Brexit, though, means we’re probably going to have to pull out of these arrangements.

Stop talking Britain down.

Don’t tell me, tell Brexit secretary David Davis. To monitor and enforce all these international agreements, you need an international court system. That’s the European Court of Justice, which ministers have repeatedly made clear that we’re leaving.

So: last March, when Davis was asked by a select committee whether the open skies system would persist, he replied: “One would presume that would not apply to us” – although he promised he’d fight for a successor, which is very reassuring. 

We can always holiday elsewhere. 

Perhaps you can – O’Leary also claimed (I’m still not making this up) that a senior Brexit minister had told him that lost European airline traffic could be made up for through a bilateral agreement with Pakistan. Which seems a bit optimistic to me, but what do I know.

Intercontinental flights are still likely to be more difficult, though. Since 2007, flights between Europe and the US have operated under a separate open skies agreement, and leaving the EU means we’re we’re about to fall out of that, too.  

Surely we’ll just revert to whatever rules there were before.

Apparently not. Airlines for America – a trade body for... well, you can probably guess that, too – has pointed out that, if we do, there are no historic rules to fall back on: there’s no aviation equivalent of the WTO.

The claim that flights are going to just stop is definitely a worst case scenario: in practice, we can probably negotiate a bunch of new agreements. But we’re already negotiating a lot of other things, and we’re on a deadline, so we’re tight for time.

In fact, we’re really tight for time. Airlines for America has also argued that – because so many tickets are sold a year or more in advance – airlines really need a new deal in place by March 2018, if they’re to have faith they can keep flying. So it’s asking for aviation to be prioritised in negotiations.

The only problem is, we can’t negotiate anything else until the EU decides we’ve made enough progress on the divorce bill and the rights of EU nationals. And the clock’s ticking.

This is just remoaning. Brexit will set us free.

A little bit, maybe. CAA’s Haines has also said he believes “talk of significant retrenchment is very much over-stated, and Brexit offers potential opportunities in other areas”. Falling out of Europe means falling out of European ownership rules, so itcould bring foreign capital into the UK aviation industry (assuming anyone still wants to invest, of course). It would also mean more flexibility on “slot rules”, by which airports have to hand out landing times, and which are I gather a source of some contention at the moment.

But Haines also pointed out that the UK has been one of the most influential contributors to European aviation regulations: leaving the European system will mean we lose that influence. And let’s not forget that it was European law that gave passengers the right to redress when things go wrong: if you’ve ever had a refund after long delays, you’ve got the EU to thank.

So: the planes may not stop flying. But the UK will have less influence over the future of aviation; passengers might have fewer consumer rights; and while it’s not clear that Brexit will mean vastly fewer flights, it’s hard to see how it will mean more, so between that and the slide in sterling, prices are likely to rise, too.

It’s not that Brexit is inevitably going to mean disaster. It’s just that it’ll take a lot of effort for very little obvious reward. Which is becoming something of a theme.

Still, we’ll be free of those bureaucrats at the ECJ, won’t be?

This’ll be a great comfort when we’re all holidaying in Grimsby.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Brexit. You can find him on Twitter or Facebook.