Up, up and dismay: Airlines bring judicial review challenge to the government's traffic light system for holiday destinations

As the restrictions in some sectors of the economy begin to ease in England, other sectors are becoming increasingly frustrated at the government's reluctance to allow them to get back to servicing their customers. 

Now, the aviation sector (in the form of Ryanair and the Manchester Airports Group) has brought judicial review proceedings in the High Court, challenging the government to explain the basis on which the traffic light system categorises holiday destinations. 

Once again, the key question is not what decision the government has made, it is the lack of transparency as to how the decision is made that is under scrutiny by the High Court. Understanding how the decision is reached is critical in order to enable these businesses to properly plan for the next phase of re-opening, and for economic forecasting for the rest of the financial year. 

To give a simplistic example, if the decision is based on falling infection rates, airlines can monitor those rates globally and can predict when they think it likely that certain destinations will be able to move from red to amber, or from amber to green. Similarly, that certainty will give consumers confidence to book, and the sector can begin to cater to those needs. But the government has not revealed the basis on which it is categorising the destinations, and those in the sector are baffled. Consumers too are wary given the surprise removal of Portugal from the green list. 

Without transparency and the certainty that it affords to the sector and the consumer then the economic recover is essentially stuck in a holding pattern. That is why the outcome of the judicial review will be monitored closely by all those in the sector, and by desperate holiday makers who want to be able to plan their next getaway. 

The sector will be hoping that the decision is expedited as we approach the summer holiday season, and keeping its fingers crossed that the revised 19 July "Freedom Day" date does not slip further.

These proceedings may also have a wider impact. If the High Court finds that the government is required to make its decision making criteria on restrictions and classification more transparent, other sectors may well bring similar challenges to protect their own interests.

The Transport Secretary is expected to provide an update on the traffic light system to MPs this morning.