§ 1. Mr. Boydenasked the Minister of Aviation why Her Majesty's Government have not ratified The Hague Protocol of 1955 so that compensation for the death of passengers in private air lines would be raised to £6,000 as it is at present with British European Airways.
§ The Parliamentary Secretary to the Ministry of Aviation (Mr. Neil Marten)Her Majesty's Government cannot properly adhere to The Hague Protocol without first denouncing the unamended Warsaw Convention. This is because the obligations imposed by the two systems are incompatible. A number of countries, including the United States of America still adhere to the unamended Warsaw Convention. If we were to denounce it before they adhere to The Hague Protocol, British operators and passengers would be liable to lose the benefit of both systems in those countries.
§ Mr. BoydenBut other countries can agree to this and apparently get benefits for their citizens. What is the difference between Britain and the 30 other signing countries?
§ Mr. MartenThere are 34 other countries which have ratified. They have taken a different legal view about the consequences of doing so. We are advised that if we signed, certain risks would flow from it which we are not prepared at this stage to accept. But we are anxious to go ahead.
§ Mr. BoydenWhat are the prospects of our doing something about it? What is going ahead? What steps have we taken?
§ Mr. MartenThis comes back to the question of the United States. What we are anxious to do is to protect our airlines and the passengers should there be, for example, an accident in the United States. Until the United States ratifies the convention, if we did so we should lose the protection of the convention if there were an accident in America.
§ 2. Mr. Boydenasked the Minister of Aviation in how many flights per annum from British airports some passengers on a private airline are covered by a maximum compensation on death of £3,000 whilst other passengers in the same aircraft are covered by a maximum compensation of £6,000.
§ Mr. MartenI know of none, and such a situation seems extremely unlikely.
All air transport flights performed by United Kingdom airlines are, so far as British law is concerned, subject to the Carriage by Air Act, 1932, and the Orders made under it, which enable those airlines in the absence of wilful misconduct to limit their liability to £3,000 per passenger.
§ Mr. BoydenWill the hon. Gentleman investigate the matter if I send him an air law text book which refers to his anomaly?
§ Mr. MartenWe will certainly examine it. I am sure that we have examined most of the law books on the subject. However, if the hon. Gentleman could send me particular details, we will willingly examine them.