HL Deb 27 June 2000 vol 614 cc8-12GC

(" .—(1) The provisions listed in subsection (2) apply in relation to the exercise by the Commission of its functions under section 14 or 15 as if—

  1. (a) references in section 82(1) and (2) of the 1973 Act to a report of the Commission under that Act were references to a notice under section 14(4) or 15(4) or (6) above:
  2. (b) references in section 85 of the 1973 Act to an investigation on a reference made to the Commission under that Act were references to an investigation by the Commission for the purposes of exercising its functions under section 14 or 15 above;
  3. (c)the reference in section 93B of the 1973 Act to the Commission's functions under Part IV, V, VI or VIII of that Act were a reference to its functions under section 14 or 15 above.

(2) The provisions are—

  1. (a) sections 82(1) and (2) of the 1973 Act (exclusion of certain matters and absolute privilege);
  2. (b) section 85 of the 1973 Act (witnesses and documents);
  3. (c) section 93B of the 1973 Act (false or misleading information);
  4. (d) section 24 of the Competition Act 1980 (modification of provisions about Commission's general functions);
  5. (e) Part II of Schedule 7 to the Competition Act 1998 (Commission's general functions).

(3) The 1973 Act is the Fair Trading Act 1973.").

On Question, amendment agreed to.

Clauses 16 to 27 agreed to.

Schedules 1 and 2 agreed to.

Clauses 28 to 30 agreed to.

Schedule 3 agreed to.

Clause 31 [Investigations]:

Lord Macdonald of Tradeston moved Amendments Nos. 12 and 13: Page 21, line 14, after ("contravention") insert ("of a section 8 duty or"). Page 21, line 18. at end insert— ("(3) A section 8 duty is a duty imposed on a licence holder by section 8.").

On Question, amendments agreed to.

Clause 31, as amended, agreed to.

Clause 32 [Register]:

Lord Macdonald of Tradeston moved Amendments Nos. 14 and 15: Page 21, line 28, leave out ("direction or determination made or") and insert ("requirement or determination made or direction,"). Page 21, line 29, at end insert— ("(ee) the terms of every notice given under section (Power to exclude services from effect of section 8);").

On Question, amendments agreed to.

Clause 32, as amended, agreed to.

Clause 33 agreed to.

Schedule 4 agreed to.

Clause 34 agreed to.

Schedule 5 agreed to.

Clauses 35 to 47 agreed to.

Clause 48 [Crown shareholding]:

Lord Macdonald of Tradeston moved Amendment No. 16: Page 32, line 27, at end insert— ("( ) Grounds on which the Secretary of State may be satisfied that a scheme is in place as mentioned in subsection (3) include the grounds that the arrangements for the disposal of the shares include provision obliging the person acquiring them to ensure the completion of the project. ( ) For the purposes of this section a project concerns the development of major facilities if (and only if) the Secretary of State thinks that the value of the project is above £200 million.").

The noble Lord said: This group of amendments makes a number of technical amendments to Part I Chapter II of the Bill, which contains provisions relating to transfer schemes and sale arrangements. Amendment No. 16 proposes the addition of two new subsections to Clause 48. Their aim is to clarify and strengthen the intention behind subsection (3), which was added to the Bill at Report stage in another place, with a view to reaffirming the Government's commitment to the two-centre strategy.

Amendments Nos. 17 to 24 are technical in nature. They provide clarification to the drafting of paragraph 25 of Schedule 6, which contains detailed provisions on transfer scheme arrangements, and make consequential changes to Schedule 7, which deals with taxation matters and transfers.

Amendments Nos. 25 and 26 provide a definition of the term "Northern Ireland Minister", which is used in Clauses 53 and 62. I beg to move.

Lord Brabazon of Tara

In my remarks on the first group of amendments I should have thanked the Minister for sending us all a letter and an explanation of some of these government amendments. I also sympathise with the Deputy Chairman for having to go through the whole of the Bill, clause by clause.

I have three quick questions. First, I believe that Amendment No. 16 is slightly more than just a technical amendment, as it includes three matters that I would like to know about. The Minister has said that this concerns a two-centre strategy. However, I wonder why the amendment includes the words, the Secretary of State thinks". Surely the value of a project is either over £200 million or less than £200 million. What do the thoughts of the Secretary of State have to do with it? Secondly, why has a figure of £200 million been chosen for this particular exercise? Thirdly, what happens if the developer fails to complete the project, having given the assurances that were made at the beginning?

Lord Macdonald of Tradeston

In relation to the semantics, we can assume that the word "thinks" is synonymous with the word "believes" in the context of the decision to be made.

The figure of £200 million as the cut-off figure was put into a second new subsection so that we could provide the missing definition of what constituted major facilities. It covers a project that, in the opinion of the Secretary of State, and according to our knowledge of the progress of a project, has a value in excess of £200 million. That figure was chosen because it is intended to capture the two major projects of Swanwick and the new Scottish Centre, but not others.

On Question, amendment agreed to.

Clause 48, as amended, agreed to.

Clauses 49 to 60 agreed to.

The Deputy Chairman of Committees

My Lords, as a Division has been called in the Chamber, the Committee stands adjourned for ten minutes.

[The Sitting was suspended for a Division in the House from 3.59 to 4.09 p.m.]

Schedule 6 [Transfer schemes]:

Lord Macdonald of Tradeston moved Amendments Nos. 17 to 20: Page 187. line 48, at end insert— ("( ) an instrument or instruments under paragraph 9;"). Page 188. line 1, leave out from ("effect") to end of line 3 and insert ("in relation to an agreement under paragraph 11 by virtue of sub-paragraph (1), sub-paragraph (2)(b) of paragraph 14 shall be disregarded."). Page 188, line 7, after ("11,") insert— ("( ) an instrument under paragraph 9,"). Page 188. line 10, at end insert ("or the instrument").

On Question, amendments agreed to.

Schedule 6, as amended, agreed to.

Clause 61 agreed to.

Schedule 7 [Transfer schemes: tax]:

Lord Macdonald of Tradeston moved Amendments Nos. 21 to 24: Page 195, line 13, after ("6,") insert— ("( ) an instrument executed under paragraph 9 of Schedule 6,"). Page 195, line 24, after ("6") insert ("or is effected by an instrument executed under paragraph 9 of that Schedule"). Page 195, line 33, after ("agreement") insert ("or instrument"). Page 195. line 34. after ("agreement") insert ("or instrument").

On Question, amendments agreed to.

Schedule 7, as amended, agreed to.

Clause 62 [Interpretation]:

Lord Macdonald of Tradeston moved Amendments Nos. 25 and 26: Page 41. line 3. at end insert— ("( ) a Northern Ireland Minister;"). Page 41. line 18, at end insert— ("( ) "Northern Ireland Minister" includes the First Minister and the deputy First Minister in Northern Ireland.").

On Question, amendments agreed to.

Clause 62, as amended, agreed to.

Clause 63 [Air navigation: directions]:

Lord McIntosh of Haringey moved Amendment No. 27: Page 42, line 16. leave out subsections (5) and (6).

The noble Lord said: In moving Amendment No. 27 I shall speak also to Amendments Nos. 28 to 33. Clause 63 provides that the Secretary of State nominates a member of the Civil Aviation Authority to perform air navigation functions, and it goes on to provide for national security functions. These amendments provide that the Secretary of State should in addition have the power to nominate another member of the Civil Aviation Authority to consider the relationships between air navigation functions and national security. If there is a difference of opinion between the nominee and the Civil Aviation Authority about those activities, and if the nominee thinks that if the Civil Aviation Authority's opinion prevailed it could have effect contrary to the interest of national security, the CAA must refer the matter to the Secretary of State. The Secretary of State must consult the CAA before giving directions to it as he thinks fit.

In practice there would be a non-executive member of the Civil Aviation Authority appointed on the recommendation of the Secretary of State for Defence, and the national security nominee will be that member. That is provided for in the substantive Amendment No. 29. It was felt that the member nominated to perform the air navigation function should balance civil and military interests, as he is required to do under Clause 63(1), while the MOD-nominated member would be in a better position to represent the interests of national security. The national security nominee may authorise a member or employee of the Civil Aviation Authority to act on his behalf.

The current definition of "managed area" is contained in Clause 68, which is concerned with interpretation. At present the term includes any area outside the United Kingdom in which the United Kingdom has undertaken to provide air traffic services. The final proposed amendment, Amendment No. 33, revises the definition to apply to air navigation services. I beg to move.

On Question, amendment agreed to.

Lord McIntosh of Haringey moved Amendment No. 28: Page 42. line 30, leave out from ("subsection") to end of line 32.

On Question, amendment agreed to.

Clause 63, as amended, agreed to.

Lord McIntosh of Haringey moved Amendment No. 29: After Clause 63, insert the following new clause—