HC Deb 09 April 1986 vol 95 cc311-2 2.15 am
Mr. Steen

I beg to move amendment No. 51, in page 24, line 20, at end insert—

'(7A) Compliance with the relevant provisions of the scheme shall be a condition of every licence granted under section 65 of the 1982 Act, and of every permission granted under an Air Navigation Order for aircraft registered in a country other than the United Kingdom to take up and set down passengers or cargo in the United Kingdom'. The amendment would insert a new subsection to give teeth to the scheme that is provided for in clause 30 by making compliance with the scheme a statutory condition of the licences or permits required respectively by United Kingdom, foreign or Commonwealth aircraft for carriage for reward to or from the United Kingdom. Noncompliance would become an offence punishable under existing law by a fine of £1,000 upon summary conviction and restrainable by injunction. Otherwise enforcement of the scheme would be left to the proprietor of the airport as owner of the land.

I think that there is a deficiency in the Bill, and I hope that the amendment will go some way to putting it right.

Mr. Bill Walker

I wish to draw the attention of the Chair to the fact that the amendment causes us to discuss air navigation orders. I was informed that amendment No. 69, which I tabled, could not be included in the selection list because of a technical drafting defect—in other words, it referred to air navigation orders. We have done little else but refer to air navigation orders for most of the evening, and the House has not had the opportunity to debate one of the most important principles of all, which is whether hon. Members should have the right to pray against an air navigation order. The House has not been given the opportunity to do that throughout its consideration of the Bill on the Floor of the House and in Committee. It has been deprived of an opportunity to deal with a fundamental—

Mr. Deputy Speaker

Order. The hon. Gentleman must not refer to an amendment that has not been selected. He must not criticise Mr. Speaker's selection.

Mr. Walker

I understand that, Mr. Deputy Speaker. I am sure that you will understand that when the Bill goes to another place their Lordships will read carefully what has been said in this place. I am sure that the point I have made will not be missed by them.

Mr. Ancram

I know that my hon. Friend the Member for South Hams (Mr. Steen) was seeking to be helpful in introducing the amendment and I am sorry that I shall have to ask him to withdraw it, which I have had to ask him to do in respect of other amendments.

I ask my hon. Friend to withdraw the amendment because compliance with slot allocation schemes is already vested under clause 30 in the airport operator. Subsection (7) sets out that where a scheme under clause 30 is in force it shall be the duty of the airport operator to give effect to the scheme. At an airport that is subject to a slot allocation scheme an aircraft operator will need the necessary air transport licence or an operating permit and he will need a slot. The amendment, which tries to combine these requirements, would cause confusion.

The amendment is unnecessary, and I ask my hon. Friend to withdraw it.

Amendment negatived.

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