Whilst the UK space industry is worth £6.5 billion per year to the UK economy, the absence of manned space flights from the UK has always hidden this economic success and contributed to a public perception that Britain does not participate in space exploration to the extent it really does. The announcement on 10 December 2009 by Lord Drayson, the Space Minister, that a new executive agency will be formed to replace the current British National Space Centre, a governmental organisation created in 1985 to manage Britain's space policy, should strengthen public perception that Britain is a major player in the space industry. The policy that would really enhance Britain's space profile in the world is if manned space flights were launched from the UK, and this article considers whether manned space flight is a policy that Britain's new space agency should be pursuing. Britain's debt problems suggest that in the next few years there will be far needier short term requirements for tax payer's cash than putting Brits in to space. However, the new era of commercial space travel provides the government with the opportunity to generate revenue for the taxpayer whilst also enhancing perception of Britain's space economy. There are several companies around the world developing commercial space travel operations with Virgin Galactic seemingly the most advanced. Others include Blue Origin, a company founded by Amazon's founder Jeff Bezos and the space plane designed by EADS Astrium (a wholly owned subsidiary of the aerospace conglomerate EADS, the European Aeronautic Defence & Space company which builds the Airbus as well as satellites and rockets).

The responsibility for licensing space activities under the Outer Space Act 1986, currently within the ambit of the BNSC's responsibilities will be transferred to the new agency. Lord Drayson has not yet stated whether the new agency will license manned space travel operations such as Virgin Galactic. The Act confers broad powers on the Space Minister who can grant licenses in respect of "any activity in outer space" though manned space travel is not explicitly mentioned. Whilst legislation would not seem necessary to confer the licensing power on the Minister it may be that clarity should be provided by Parliament should it create the new executive agency by statute. If Parliamentary time is committed to debating the roles and responsibilities of the new agency then it would seem prudent to clarify that manned space flights from the UK are to be within the scope of the Minister's licensing powers. A clear statement from Parliament is important because any license conditions should ensure the UK complies with international space law and the parliamentary process therefore should provide the necessary check and balance on government power. Virgin Galactic's President, Will Whitehorn, has been urging Lord Drayson to clarify the Act and grant Virgin Galactic a license to launch their SpaceShipTwo rocket from RAF Lossiemouth in Scotland. The first Virgin Galactic flights, probably due to start in 2011, are likely to launch from either Mojave in California or the purpose built Spaceport America in New Mexico. Establishing an operation on Scotland would create jobs (Virgin estimate 2,000 jobs) and highlight the pioneering role Britain is making in the field of commercial manned space travel.

Consideration of regulations for putting people into outer space gives rise to a bigger issue,  the international framework for regulating space activity. In the USA, from where Virgin Galactic will begin its flights, the authority is coming from the US Federal Aviation Administration. As commercial space travel becomes a reality for the masses, with launches from many states, an international framework for regulating space travel would seem to be ever more important because space is the "province of all mankind", a founding principle of international space law clearly laid by the United Nations and on those an international authority to regulate commercial space flights could be built.

The UN Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, came in to force in 1967 and the UK is a signatory. The UK is therefore legally bound by international law to comply with Treaty including Article 6 which states:

"States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty. The activities of non-governmental entities in outer space, including the moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty. When activities are carried on in outer space, including the moon and other celestial bodies, by an international organization, responsibility for compliance with this Treaty shall be borne both by the international organization and by the States Parties to the Treaty participating in such organization."

Any license for manned space flights must therefore ensure compliance with the Treaty's principles. The principles are broad though, and the UK government has the chance to lead the way in commercial manned space flight by set out the key conditions under which any non-governmental organisation should comply with before being granted a license to put people into space. The UK did not put man on the moon, but a British company is leading the way to open space to all mankind and a British government could lead the world in determining the conditions under which such space flights should operate.