HC Deb 09 May 1951 vol 487 cc1933-4
15 and 16. Mr. George Thomas

asked the Parliamentary Secretary to the Ministry of Civil Aviation (1) what requirements as to compulsory insurance have to be complied with by passenger-carrying civil aircraft before licence to operate is granted;

(2) whether the passengers in the aircraft of Fairflight Limited which crashed at Llandow, Glamorganshire, were fully covered by insurance.

Mr. Beswick

An operator's liability towards the passengers carried in his aircraft is governed by the Carriage by Air Act, 1932, which gives effect to the Warsaw Convention, 1929. Under the terms of the Act an operator engaged on an international journey, as defined in the Convention, has absolute liability in respect of death or injury to passengers. He is not, however, required to cover this legal liability by insurance. The Act does not at present apply to non-international flights, and an operator can, in his contract of carriage, disclaim any liability towards his passengers on such a flight. In the case of the Llandow accident, the extent of the operator's liability turns mainly on the question whether the flight between Dublin and Cardiff should be treated as international or non-international. This is a question which, in the last resort, the courts must decide.

Mr. Thomas

Am I to understand from my hon. Friend's reply that passengers on such flights as this are not protected by insurance in the way that a motorist has to protect his passengers by insurance?

Mr. Beswick

The passengers take the ticket under the terms of the contract at the time. In some cases there is cover and in others not.

Mr. A. Edward Davies

Is not this a matter of general public interest, which ought to be looked at again? In so far as charter companies and public carriers by aeroplane, are, as I take it, relieved of the obligation to pay reasonable com- pensation to passengers, does that not conflict with the practice of other carrying companies in this country?

Mr. Beswick

There seems to be some confusion. They are not relieved of any obligation; they have an obligation. The only question here is whether there should be a compulsory requirement to insure. All these operators do, in fact, insure.

Mr. Thomas

Where a firm is unable to meet the compensation liabilities and may go bankrupt, is it not unjust that the families of those killed in an accident should have no compensation because there is no legal requirement for insurance?

Mr. Beswick

I think there is a good deal in what my hon. Friend says although, in practice, it does not work out that way. As I said, in regard to this accident there is a very difficult problem to solve. I do not know whether my hon. Friend would like to give an opinion on the point I mentioned. As for the wider point, I agree that there is an unsatisfactory feature, and we are considering it now.

Mr. Thomas

In view of the seriousness of this question and so that we may have further information about it, I beg to give notice that I will raise the matter on the Adjournment at the first convenient opportunity.