HC Deb 07 July 1980 vol 988 cc182-93
Mr. John Smith

I beg to move amendment No. 31, in page 12, line 4, leave out 'any aerodrome Licensing Function' and insert 'its functions'.

Mr. Speaker

With this we are to take the following amendments:

No. 32, in page 12, line 5, leave out from 'function' to end of line 12 and insert 'to take account of the need to minimise disturbance caused to the public from noise, vibration and pollution arising from aircraft operations.

No. 34, in page 12, line 12, at end insert— '(1A) In exercising any aerodrome licensing function it shall be the duty of the Authority to impose such conditions as it deems reasonably appropriate having regard to the Authority's duty under this subsection. (1B) It shall be the duty of any person for the time being managing the aerodrome (or to whom the licence in question has been granted) to ensure that the conditions imposed under the Authority's functions set out in the section are complied with.'.

Mr. Smith

The House now has an opportunity in these amendments to consider the relationship of airports to the environment. In Committee we spent a considerable time on this subject. There is obviously a serious balance to be struck between the economic interests that are served by the development of airports and aerodromes and the environmental consequences upon the surrounding neighbourhood and the individuals who live near airports.

Generally, the House has tended to think of this matter in terms of the large airports and the obvious environmental consequences that affect the people around Heathrow, Gatwick and some of the larger airports throughout the country, but I should like to turn the attention of the House to the question of general aviation, which I think is covered by the part of the Bill with which we are dealing.

I say straight away that I think that the members of the Committee owe a considerable debt to the Airfields Environmental Confederation, which has drawn this point to their attention, and which has been very helpful in supplying hon. Members with information and proposals to deal with the problems. I think that the confederation is also to be commended for the fact that it has throughout the argument recognised that a balance must be struck between economic interest, which requires airports to be developed as air travel replaces other forms of travel as an important means of communication in this country, and the environmental nuisances and other things that flow therefrom.

A number of interesting debates took place in Committee. In the Bill the Government put forward a method of dealing with the problem which puts a responsibility upon the CAA to have regard to environmental effects in exercising its aerodrome licensing function. There is some doubt among some commentators, and I think that there exists some doubt within the CAA, about whether the CAA is the appropriate body to undertake a function that involves environmental control. It is much more a technical organisation to deal with matters of airworthiness, air traffic licensing and the like, but I have no doubt that if this is a duty which the House wishes it to carry out it will carry it out to the best of its ability.

The problems that arise over general aviation are in some senses different from those that exist in relation to major airports. Many of the aircraft that use the smaller general aviation aerodromes are not subject to the noise certification legislation, and therefore there is not that protection, and the rights of individual citizens to take proceedings for nuisance are restricted in terms of legislation. Aircraft are specifically excluded from the noise provisions of the Control of Pollution Act 1974. I think that there can exist quite a serious problem, especially where the planning permission that is in use is of some antiquity. In fact, it may be an old wartime aerodrome that is being used to considerable purpose at present, perhaps as a training centre for pilots and the like.

One idea was to establish airfield consultative committees, which were set up under section 8 of the Civil Aviation Act 1968. Where they work they serve a useful purpose, but in many instances they are not as effective as they might be. I respectfully suggest to the Under-Secretary of State that one of the concerns of his Department should be to ensure that the committees are made more effective and that they are used as a genuine method of consultation. Only in that way will we get round some of the problems that exist.

The House should not fool itself by thinking that there is some magic legislative solution to the problem. There will be difficulties however legislation is framed. The Government advanced a set of proposals that were considered with some care in Committee. We have offered two alternative solutions. There is one possibility if amendments Nos. 31 and 32 are taken together. Amendment No. 34 is another possibility. It is clear from these different propositions, which have been sponsored by the Airfields Environmental Confederation, that we do not believe that there is one cure-all method. I think that the Government's general approach is on the same lines.

In the alternative propositions the responsibilities on the CAA are of a general character and do not depend upon the Minister specifying airports to which the obligations are to apply. One of the fears about the way in which the Minister proposes to proceed is that he may not specify a suitable number of airfields. There is concern that he will specify only a small number. Therefore, the impact of the legislation will be small. It is also felt that the provisos in the legislation mean that it will not amount to very much at the end of the day.

I think that the Minister has had an opportunity to consider these matters again since our discussions in Committee. It will be useful if he acquaints the House with how far his thinking has taken him and the extent to which he may be able to meet us.

Mr. Tebbit

I thank the right hon. Member for Lanarkshire, North (Mr. Smith) for the way in which he has put these matters. He has advocated the need to make the consultative committees more effective. I approached the Bill with exactly that objective in mind. To a large extent, the purpose of having the power to specify airports where the CAA shall take environmental considerations into account in considering its licensing policy was to allow the Minister to buttress those arrangements with the ability to specify airports where things were not going right. I have in mind the arrangements that airport operators make to enable them to live in peace with their neighbours. I hope that the fact that I can specify will encourage those concerned to ensure that they go about their business in an appropriate way.

I cannot recommend to the House that it should accept the amendments. I say that for various reasons. If we were to lay the environmental consideration upon the authority in all its functions, as amendments Nos. 31 and 32 would do, we would place the CAA in a dangerous position. That is a proposition that sounds attractive. I thought about it, but decided that it would not work. Litigation by amenity groups could bring the CAA's work to a halt. A new subordinate duty would have been related to a specific responsibility.

I am sure that Opposition Members would not want the authority to attempt to control the noise climate by an artificial restriction on the number of pilots' licences issued. However, this provision would give it the power to do so and it would be possible for amenity groups to seek legal action to force it to do so. We should get into a terrible tangle if we went down that road.

I shall approach amendment No. 34 slightly differently. Article 68 of the Air Navigation Order, as inserted by the Air Navigation (Second Amendment) Order 1977, makes provision for an aerodrome licence to be granted subject to such conditions as the authority thinks fit. The holder of an aerodrome licence is required not to contravene, or to cause the permit to be contravened by, any condition of the aerodrome licence.

Amendment No. 34 would not add to the provisions contained in the order in any material way. In the absence of any reference to the revocation or variation of a licence in appropriate circumstances, it might be held that the authority did not possess such a power. I am sure that that is not the intention of Opposition Members. I hope that they will agree to withdraw the amendment. The nub of the issue is that power will be in the hands of the Secretary of State and he can specify the airfields. Although it will be difficult for the Civil Aviation Authority to carry out such an environmental responsibility, and although I do not wish to overload it, I wish to make it plain to operators of airports that if they do not learn to live in reasonable harmony with their neighbours, I shall not hesitate to use that power.

Mr. Peter Temple-Morris (Leominster)

I do not wish to detain the House, but I welcome the amendments. They give the House an opportunity to discuss a real problem. As a result of thorough Committee discussions the Government have met an objection that was made by many of those who live round airfields, over which there is no control once one has gone beyond the planning laws.

I remind my hon. Friend the Minister, with whom I have corresponded on the subject of Shobdon airport, in my constituency, that many Conservative Members welcome the measure. They are watching proceedings on behalf of their constituents with some anxiety, as they are far from confident about the work of the consultative committees. They welcome the fact that my hon. Friend's ministerial eye will watch over this problem and that he has taken more power upon himself to deal with it.

Mr. John Smith

This has been a short but useful debate. We are encouraged by the way in which the Minister indicated that he would use his powers, and particularly by the deterrent effect of specification. Much will depend on how things work out. It would be unfair to judge the method that the Minister wishes to use before it has been put into practice. He has made several reasonable points

about the amendments. Given the spirit in which the Minister has said that he would like the legislation to be enforced, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: No. 35, in page 12, line 24, leave out subsection (4).—[Mr. Cope.]

Question put, That the amendment be made:—

The House divided: Ayes 146, Noes 93.

Division No. 390] AYES [10.15 pm
Alexander, Richard Griffiths, Peter (Portsmouth N) Page, Rt Hon Sir R. Graham
Ancram, Michael Gummer, John Selwyn Page, Richard (SW Hertfordshire)
Banks, Robert Hamilton, Michael (Salisbury) Pattle, Geoffrey
Beaumont-Dark, Anthony Hannam, John Pollock, Alexander
Benyon, Thomas (Abingdon) Haselhurst, Alan Porter, George
Benyon, W. (Buckingham) Hawkins, Paul Proctor, K. Harvey
Berry, Hon Anthony Heddle, John Renton, Tim
Best, Keith Henderson, Barry Rhodes James, Robert
Bevan, David Gilroy Hicks, Robert Roberts, Michael (Cardiff NW)
Blackburn, John Hogg, Hon Douglas (Grantham) Rossi, Hugh
Blaker, Peter Hooson, Tom Rost, Peter
Brinton, Tim Hordern, Peter Sainsbury, Hon Timothy
Brown, Michael (Brigg & Sc'thorpe) Howell, Ralph (North Norfolk) St. John-Stevas, Rt Hon Norman
Bruce-Gardyne, John Hunt, John (Ravensbourne) Shepherd, Colin (Hereford)
Buchanan-Smith, Hon Alick Jopling, Rt Hon Michael Shepherd, Richard (Aldrldge-Br'hills)
Buck, Antony Kilfedder, James A. Sims, Roger
Bulmer, Esmond Knight, Mrs Jill Skeet, T. H. H.
Butcher, John Knox, David Speed, Keith
Butler, Hon Adam Lang, Ian Speller, Tony
Cadbury, Jocelyn Le Marchant, Spencer Spicer, Michael (S Worcestershire)
Carlisle, John (Luton West) Lester, Jim (Beeston) Squire, Robin
Carlisle, Kenneth (Lincoln) Lloyd, Ian (Havant & Waterloo) Stainton, Keith
Clark, Hon Alan (Plymouth, Sutton) Lloyd, Peter (Fareham) Stanbrook, Ivor
Clark, Sir William (Croydon South) Luce, Richard Stanley, John
Clarke, Kenneth (Rushclifte) Lyell, Nicholas Stradling Thomas, J.
Cockeram, Eric Macfarlane, Neil Taylor, Teddy (Southend East)
Colvin, Michael MacGregor, John Tebbit, Norman
Cope, John McNalr-Wilson, Michael (Newbury) Temple-Morris, Peter
Cranborne, Viscount McQuarrie, Albert Thatcher, Rt Hon Mrs Margaret
Crouch, David Mates, Michael Thompson, Donald
Dean, Paul (North Somerset) Mather, Carol Thornton, Malcolm
Dorrell, Stephen Maude, Rt Hon Angus Townend, John (Bridlington)
Douglas-Hamilton, Lord James Mawby, Ray Townsend, Cyril D. (Bexleyheath)
Dover, Denshore Maxwell-Hysiop, Robin Trotter, Neville
Dunn, Robert (Dartford) Mellor, David van Straubenzee, W. R.
Eden, Rt Hon Sir John Meyer, Sir Anthony Waddington, David
Faith, Mrs. Sheila Miller, Hal (Bromsgrove & Redditch) Wakeham, John
Fenner, Mrs Peggy Mills, Iain (Meriden) Walker, Bill (Perth & E Perthshire)
Finsberg, Geoffrey Mills, Peter (West Devon) Wall, Patrick
Fisher, Sir Nigel Moate, Roger Ward, John
Fletcher-Cooke, Charles Morrison, Hon Peter (City of Chester) Warren, Kenneth
Fookes, Miss Janet Murphy, Christopher Watson, John
Forman, Nigel Mytes, David Wells, Bowen (Hert'rd & Stevn'age)
Fraser, Peter (South Angus) Neale, Gerrard Wheeler, John
Gardiner, George (Reigate) Needham, Richard Wickenden, Keith
Garel-Jones, Tristan Nelson, Anthony Wolfson, Mark
Gorst, John Neubert, Michael
Gow, Ian Newton, Tony TELLERS FOR THE AYES:
Grant, Anthony (Harrow C) Onslow Cranley Mr. Robert Boscawen and Mr. Peter Brooke
Greenway, Harry Page, John (Harrow, West)
NOES
Allaun, Frank Brown, Robert C. (Newcastle W) Crowther, J. S.
Archer, Rt Hon Peter Buchan, Norman Cryer, Bob
Ashton, Joe Campbell-Savours, Dale Cunliffe, Lawrence
Atkinson, Norman (H'gey, Tott'ham) Canavan, Dennis Davis, Clinton, (Hackney Central)
Bagler, Gordon A. T Carter-Jones, Lewis Davis, Terry (B'rm'ham, Stechford)
Beith, A. J. Clark, Dr David (South Shields) Deakins, Eric
Benn, Rt Hon Anthony Wedgwood Cocks, Rt Hon Michael (Bristol S) Dewar, Donald
Bidwell, Sydney Cowans, Harry Dixon, Donald
Dobson, Frank Lestor, Miss Joan (Eton & Slough) Silkin, Rt Hon John (Deptford)
Dormand, Jack Lewis, Ron (Carlisle) Silverman, Julius
Douglas, Dick Litherland, Robert Skinner, Dennis
Dubs, Alfred Lyons, Edward (Bradford West) Smith, Rt Hon J (North Lanarkshire)
Duffy, A. E. P. McCartney, Hugh Snape, Peter
Dunwoody, Mrs Gwyneth McCrindle, Robert Soley, Cllve
Eastham, Ken McElhone, Frank Spearing, Nigel
Evans, Ioan (Aberdare) McGuire, Michael (Ince) Spriggs, Leslie
Evans, John (Newton) McKay, Allen (Penistone) Steel, Rt Hon David
Flannery, Martin McKelvey, William Slott, Roger
Fletcher, Ted (Darllington) McTaggart, Robert Thomas, Mike (Newcastle East)
Foster, Derek Marshall, Dr Edmund (Goole) Thomas, Dr Roger (Carmarthen)
Foulkes, George Maxton, John Tinn, James
George, Bruce Millan, Rt Hon Bruce Wainwright, Edwin (Dearne Valley)
Gourlay, Harry Miller, Dr M. S. (East Kilbride) Wainwright, Richard (Colne Valley)
Hamilton, W. W. (Central Fife) Mitchell, Austin (Grimsby) Watkins, David
Harrison, Rt Hon Walter Morton, George While, Frank R. (Bury & Radcliffe)
Haynes, Frank Palmer, Arthur Wigley, Dafydd
Home Robertson, John Powell, Raymond (Ogmore) Winnick, David
Hooley, Frank Race, Reg Woolmer, Kenneth
Janner, Hon Greville Rooker, J. W.
Johnson, James (Hull West) Ross, Ernest (Dundee West) TELLERS FOR THE NOES:
Jones, Rt Hon Alec (Rhondda) Ross, Stephen (Isle of Wight) Mr. James Hamilton and Mr. Donald Coleman
Jones, Barry (East Flint) Sheerman, Barry
Lamble, David

Question accordingly agreed to.

Amendment proposed: No. 63, in page 12, leave out from beginning of line 30 to end of line 45 on page 13 and insert— '(5) The following section shall be inserted after section 23 of the Act of 1971— 23A.—(1) It shall be the duty of the Authority to perform its air transport licensing functions in the manner which it considers is best calculated to ensure that British airlines compete as effectively as possible with other airlines in providing air transport services on international routes; and in performing those functions the Authority shall also have regard—

  1. (a) to any advice received from the Secretary of State with respect to the likely outcome of negotiations with the government of any other country or territory for the purpose of securing any right required for the operation by a British airline of any air transport services outside the United Kingdom; and
  2. (b) to the need to secure the most effective use of airports within the United Kingdom.
(2) In considering whether to grant any air transport licence it shall be the duty of the Authority to have regard to the effect on existing air transport services provided by British airlines of authorising any new services the applicant proposes to provide under the licence, and in any case where those existing services are similar (in terms of route) to the proposed new services or where two or more applicants have applied for licences under which each proposes to provide similar services, the Authority shall have regard in particular to any benefits which may arise from enabling two or more airlines to provide the services in question. (3) Subject to section 3 of this Act and to subsections (1) and (2) of this section, it shall be the duty of the Authority in performing its air transport licensing functions to have regard to the need to minimise so far as reasonably practicable—
  1. (a) any adverse effects on the environment; and
  2. 190
  3. (b) any disturbance to the public;
from noise, vibration, atmospheric pollution or any other cause attributable to the use of aircraft for the purpose of civil avation.
(4) In addition to the duties with respect to particular matters imposed on the Authority by the preceding provisions of this section, it shall be the duty of the Authority to perform its air transport licensing functions in the manner which it considers is best calculated to impose on the civil air transport industry of the United Kingdom and on the services it provides for users of air transport services the minimum restrictions consistent with the performance by the Authority of its duties under sections 3, 22 and 23 of this Act and the preceding provisions of this section. (5) In this section—
  1. (a) references to the air transport licensing functions of the Authority are references to its functions under section 21 to 23 of this Act and any functions conferred on it by regulations made under subsection (1) of section 24 of this Act; and
  2. (b) 'British airline' has the same meaning as in section 3(1) of this Act.".
(6) in section 24 of the Act of 1971—
  1. (a) subsection (2) (which contains provisions relating to guidance given by the Secretary of State under section 3) shall cease to have effect; and
  2. (b) at the end of subsection (6) (duties of the Authority to which the Secretary of State is to have regard determining appeals) after the words "section 3" there shall be inserted the words "and section 23A".
(7) This section, and the repeal of section 24(2) of the Act of 1971 provided for in Schedule 3 to this Act, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; but the day appointed under this section must be later than the date of publication of the first statement of the policies of the Civil Aviation Authority under section 12 of this Act.'.—[Mr. Tebbit.]

Question put, That the amendment be made:—

The House divided: Ayes 147, Noes 92.

Division No. 391 AYES [10.30 pm
Alexander, Richard Griffiths, Peter (Portsmouth N) Page, Richard (SW Hertfordshire)
Ancram, Michael Summer, John Selwyn Pattie, Geoffrey
Banks, Robert Hamilton, Michael (Salisbury) Pollock, Alexander
Beaumont-Dark, Anthony Hannam, John Porter, George
Benyon, Thomas (Abingdon) Haselhurst, Alan Proctor, K. Harvey
Benyon, W. (Buckingham) Hawkins, Paul Rees-Davies, W. R.
Berry, Hon Anthony Heddle, John Renton, Tim
Best, Keith Henderson, Barry Rhodes James, Robert
Bevan, David Gilroy Hicks, Robert Roberts, Michael (Cardiff NW)
Blackburn, John Hogg, Hon Douglas (Grantham) Rossi, Hugh
Blaker, Peter Hooson, Tom Rost, Peter
Boscawen, Hon Robert Hordern, Peter Sainsbury, Hon Timothy
Brinton, Tim Howell, Ralph (North Norfolk) St. John-Stevas, Rt Hon Norman
Brooke, Hon Peter Hunt, John (Ravensbourne) Shepherd, Colin (Hereford)
Brown, Michael (Brigg & Sc'thorpe) Jopling, Rt Hon Michael Shepherd, Richard (Aldridge-Br'hills)
Bruce-Gardyne, John Kilfedder, James A. Sims, Roger
Buchanan-Smith, Hon Alick Knight, Mrs Jill Skeet, T. H. H.
Buck, Antony Knox, David Speed, Keith
Bulmer, Esmond Lang, Ian Speller, Tony
Butcher, John Le Marchant, Spencer Spicer, Michael (S Worcestershire)
Butler, Hon Adam Lester, Jim (Beeston) Squire, Robin
Cadbury, Jocelyn Lloyd, Ian (Havant & Waterloo) Stainton, Keith
Carlisle, John (Luton West) Lloyd, Peter (Fareham) Stanbrook, Ivor
Carlisle, Kenneth (Lincoln) Luce, Richard Stanley, John
Clark, Sir William (Croydon South) Lyell, Nicholas Stradling Thomas, J.
Clarke, Kenneth (Rushcliffe) McCrindle, Robert Taylor, Teddy (Southend East)
Cockeram, Eric Maclarlane, Neil Tebbit, Norman
Colvin, Michael McNair-Wilson, Michael (Newbury) Temple-Morris, Peter
Cope, John McQuarrie, Albert Thatcher, Rt Hon Mrs Margaret
Cranborne, Viscount Mates, Michael Thompson, Donald
Crouch, David Mather, Carol Thornton, Malcolm
Dean, Paul (North Somerset) Maude, Rt Hon Angus Townend, John (Bridlington)
Dorrell, Stephen Mawby, Ray Townsend, Cyril D. (Bexleyheath)
Douglas-Hamilton, Lord James Maxwell-Hyslop, Robin Trotter, Neville
Dover, Denshore Mellor, David van Straubenzee, W. R.
Dunn, Robert (Dartford) Meyer, Sir Anthony Waddington, David
Eden, Rt Hon Sir John Miller, Hal (Bromsgrove & Redditch) Wakeham, John
Faith, Mrs Sheila Mills, Iain (Meriden) Walker, Bill (Perth & E Perthshire)
Fenner, Mrs Peggy Mills, Peter (West Devon) Wall, Patrick
Finsberg, Geoffrey Moate, Roger Ward, John
Fisher, Sir Nigel Morrison, Hon Peter (City of Chester) Warren, Kenneth
Fletcher-Cooke, Charles Murphy, Christopher Watson, John
Fookes, Miss Janet Myles, David Wells, Bowen (Hert'rd & Stevn'age)
Forman, Nigei Neale, Gerrard Wheeler, John
Fraser, Peter (South Angus) Needham, Richard Wickenden, Keith
Gardiner, George (Reigate) Nelson, Anthony Wolfson, Mark
Garel-Jones, Tristan Neubert, Michael TELLERS FOR THE AYES:
Gorst, John Onslow. Cranley Mr. John MacGregor and Mr. Tony Newton
Gow, Ian Page, John (Harrow, West)
Grant, Anthony (Harrow C) Page, Rt Hon Sir R. Graham
Greenway, Harry
NOES
Aliaun, Frank Dobson, Frank Lambie, David
Archer, Rt Hon Peter Dormand, Jack Lestor, Miss Joan (Eton & Slough)
Ashton, Joe Douglas, Dick Lewis, Ron (Carlisle)
Atkinson, Norman (H'gey, Tott'ham) Dubs, Alfred Litherland, Robert
Bagler, Gordon A. T. Duffy, A. E. P. Lyons, Edward (Bradford West)
Beith, A. J. Dunwoody, Mrs Gwyneth McCartney, Hugh
Benn, Rt Hon Anthony Wedgwood Eastham, Ken McElhone, Frank
Bidwell, Sydney Evans, Ioan (Aberdare) McGuire, Michael (Ince)
Brown, Robert C. (Newcastle W) Evans, John (Newton) McKay, Allen (Penistone)
Buchan, Norman Flannery, Martin McKelvey, William
Campbell-Savours, Dale Fletcher, Ted (Darlington) McTaggart, Robert
Canavan, Dennis Foster, Derek Marshall, Dr Edmund (Goole)
Carter-Jones, Lewis Foulkes, George Maxton, John
Clark, Dr David (South Shields) George, Bruce Millan, Rt Hon Bruce
Cocks, Rt Hon Michael (Bristol S) Gourlay, Harry Miller, Dr M. S. (East Kilbride)
Coleman, Donald Hamilton, James (Bothwell) Mitchell, Austin (Grimsby)
Cowans, Harry Hamilton, W. W. (Central Fife) Palmer, Arthur
Crowther, J. S. Harrison, Rt Hon Walter Powell, Raymond (Ogmore)
Cryer, Bob Haynes, Frank Race, Reg
Cunlifle, Lawrence Home Robertson, John Rooker, J. W.
Davis, Clinton, (Hackney Central) Hooley, Frank Ross, Ernest (Dundee West)
Davis, Terry (B'rm'ham, Stechford) Janner, Hon Greville Ross, Stephen (Isle of Wight)
Deakins, Eric Johnson, James (Hull West) Sheerman, Barry
Dewar, Donald Jones, Rt Hon Alec (Rhondda) Silkin, Rt Hon John (Deptford)
Dixon, Donald Jones, Barry (East Flint) Silverman, Julius
Skinner, Dennis Slott, Roger Wigley, Dafydd
Smith, Rt Hon J (North Lanarkshire) Thomas, Mike (Newcastle East) Winnick, David
Snape, Peter Thomas, Dr Roger (Carmarthen) Woolmer, Kenneth
Soley, Clive Wainwright, Edwin (Dearne Valley)
Spearing, Nigel Wainwright, Richard (Colne Valley) TELLERS FOR THE NOES:
Spriggs, Leslie Watklns, David Mr. James Tinn and Mr. George Morton.
Steel. Rt Hon David White, Frank R. (Bury & Radcliffe)

Question accordingly agreed to.

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