§ Order of the Day for the consideration of Commons Amendments, read.
§ THE UNDER-SECRETARY OF STATE FOR AIR (THE MARQUESS OF LONDONDERRY)My Lords, I beg to move that the Commons Amendments be now considered.
§ Moved, That the Commons Amendments he now considered.—(The Marquess of Londonderry.)
§ LORD MONTAGU OF BEAULIEUMy Lords, I want to ask whether the noble Marquess will consider carefully, in combination with the Foreign Office and the Government as a whole, the desirability of extending the area over which international aviation will take place. At present, by Article 44 of the International Convention, no State which is not a member of the League of Nations or is not one of the Allied Powers can come within the scope of this Bill until January 1, 1923, except by a unanimous vote up to that date, and afterwards by an alternative vote comprising at least three-fourths of the possible signatories. The time has come when in the interest of international air navigation, which is the expression used in the preamble of the Bill, we should so far as possible get the co-operation of Germany, Austria, and Hungary, the three States most important for the purpose. If we have a direct route from this country to India, we must pass over Germany and probably parts of Austria and Hungary. Will the noble Marquess give that point consideration and represent it to His Majesty's Government at the appropriate time?
§ THE MARQUESS OF LONDONDERRYMy Lords, I have listened very carefully to what the noble Lord has said. He will understand, I am sure, that the question he has raised has received very sympathetic consideration. It is quite true that Germany and Austria and other countries can only become members of the League of Nations, before January 1, 1923, if all the Allies agree, and after that date three-fourths of the Allies must agree. The noble lord knows perfectly well that there has been a certain amount of difficulty up to now and the view he has expressed has not been universally held all over the continent of Europe. I will only say that the matter is continually 875 before those who are responsible for the Convention. While it is impossible for me to hold out any hope to the noble Lord, what we all desire will possibly come about earlier than we think.
§ On Question, Motion agreed to.
§ COMMONS AMENDMENTS.
§ Clause 4, page 3, line 32, leave out from ("territory") to the end of line 35, and insert ("over which the Government of any part of His Majesty's Dominions mentioned in the Schedule to this Act exercises authority").
§ Clause 9, page 6, line 14, after ("property") insert ("at a height above the ground which, having regard to wind, weal her, and all the circumstances of the case, is reasonable")
§ Clause 9, page 6, line 27, leave out ("recoverable from") and insert ("recovered from or paid by")
§ Clause 9, page 6, line 29, after ("caused") insert ("solely")
§ Clause 9, page 6, line 30, leave out from ("person") to "to" in line 31, and insert ("other than the owner or some person in his employment, the owner shall be entitled")
§ Clause 9, page 6, line 32, leave out from ("damages") to the end of line 35, and insert ("and in any such proceedings against the owner the owner may, on making such application to the court, and on giving such undertaking in costs as may be prescribed by rules of court, join any such person as aforesaid as a defendant, but where such person is not so joined he shall not in any subsequent proceedings taken against him by the owner be precluded from disputing the reasonableness of any damages revovered from or paid by the owner.
§ "Where any aircraft has been bona fide demised, let, or hired out for a period exceeding fourteen days to any other person by the owner thereof, and no pilot, commander, navigator, or operative member of the crew of the aircraft is in the employment of the owner, this section shall have effect as though for references to the owner there were substituted references to the person to whom the aircraft had been so demised, let, or hired out.")
§ Clause 10, page 6, line 38, leave out ("sea") and insert ("water")
§ Clause 10, page 6, line 41, after ("on") insert ("summary").
§ Clause 10, page 7, line 6, at end insert the following new subsection:
§ "(2) The provisions of this section shall be in addition to and not in derogation of any general safety or other regulations prescribed by Order in Council under Part I of this Act."
§ Clause 13, page 8, line 22, after ("lawful") insert ("subject to and in accordance with Rules of Court").
§ Clause 18, page 10, line 7, leave out from ("not") to ("apply") in line 9
§ Clause 18, page 10, line 9, after ("or") insert ("exclusively")
§ Clause 18, page 10, line 10, at end insert:
§ ("Provided that His Majesty may, by Order in Council, apply to any such aircraft, with or without modification, any of the provisions of this Act or of any order or regulations made there-under.")
876§ Clause 20, line 11, line 20, at end, leave out subsection (3) and insert ("and that any orders made by the Secretary of State under those Acts, and in force at the date of the passing of this Act, shall continue in force until revoked or superseded by an Order in Council under this Act, and whilst in force shall have effect as though those Acts were still in force").
§ THE MARQUESS OF LONDONDERRYThe first is a drafting Amendment, and I beg to move that we agree to it.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Marquess of Londonderry.)
§ On Question, Motion agreed to.
§ THE MARQUESS OF SALISBURYPut the remainder of the Commons Amendments en bloc.
§ LORD MONTAGU OF BEAULIEUThere is no controversy.
§ THE MARQUESS OF LONDONDERRYI beg to move that your Lordships agree to these Amendments.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(The Marquess of Londonderry.)
§ LORD MONTAGU OF BEAULIEUI congratulate the noble Marquess on the fact that in another place there was put into the Bill a point which I made in Committee here, with reference to the height of flying over populous places.
§ On Question, Motion agreed to.