HL Deb 02 June 1960 vol 224 cc294-5
VISCOUNT STANSGATE

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government Whether in their view it is legal for this country to facilitate or participate in a military survey from the air of the Soviet Union.]

THE LORD PRIVY SEAL AND MINISTER FOR SCIENCE (VISCOUNT HAILSHAM)

My Lords, as regards the over-flying of the territory of a foreign State by military or other State aircraft, Her Majesty's Government adhere to the principles of the Chicago Convention.

VISCOUNT STANSGATE

My Lords, us I am an ignorant person, would the noble Viscount kindly tell me what those provisions are?

VISCOUNT HAILSHAM

When I was a student, I was told that the Common Law rule was ab inferis usque ad caelum, which presupposes, I think, a Ptolemaic astronomy and a geocentric universe. The application of those principles has not always proved easy, and so by the Chicago Convention a step forward was made by recognising that the earth is approximately a sphere; and the lateral sides of the earth's face and its bottom, if it has one, were fixed with reference to the centre of the earth.

As regards the Chicago Convention it recognises that every State has complete and exclusive sovereignty over the air space above its territory, including its territorial waters. But "air space", as such, is not defined in the Convention. The Convention further lays down that no State aircraft of a contracting State shall fly over the territory of another State or land thereon without authorisation by special agreement or otherwise and in accordance with the terms thereon. State aircraft are defined as air-craft used in military, customs and police services.

VISCOUNT STANSGATE

My Lords, I am grateful to the noble Viscount for what I think is a very reassuring reply.

VISCOUNT HAILSHAM

My Lords, I really must rise to thank the noble Viscount.