§ 3.11 p.m.
§ [The Question was as follows:
§ To ask Her Majesty's Government if it is correct that any applications by independent air operators for the right to conduct scheduled air services on any part or all of the air route from London to Singapore now operated by B.O.A.C., Qantas and Air India International may not now finally be decided by the Civil Aviation Licensing Board, 'but that, if necessary, there is appeal to the Minister of Aviation who would appoint an Appeal Commissioner to advise him.]
§ LORD DENHAM
Yes, my Lords, the applicant for any licence and any other party to the case before the Air Transport Licensing Board has a right of appeal to the Minister of Aviation from the Board's decision. The Minister is required to appoint a Commissioner to hear the appeal and before he decides the appeal he must consider the Commissioner's Report and recommendations which will be published. If he does not accept the Commissioner's recommendations in whole or in part, he must give his reasons publicly. A Commissioner will normally hear an appeal in public.
§ LORD CASEY
My Lords, I thank the noble Lord for his reply. Might I ask, by way of supplementary, whether I am right in believing that, in the event of a successful application by an independent company to the Civil Aviation Licensing Board, Qantas would not be a party to the hearing; nor would they have the right to lodge an appeal? Further, am I right in believing that B.O.A.C. could invite a representative of Qantas and of Air India International to be a 1467 witness at the hearing, and could also ask either or both of their two partners to put in documents stating their views?
§ LORD DENHAM
Yes, my Lords; Qantas would not be a party to the case. Any party to the case who so desires may call on Qantas to give evidence at the Board's hearing. In addition, a party to an appeal may produce further evidence which a witness may be present to attest. It is also open to any person at any time to make representations to the Board relating to an application before them, even if the person making the representations is not one of those who have a right to be heard during the Board's hearing. Qantas may, if they wish, make representations to the Board direct, but they cannot become a party to the case before the Board.
§ LORD LINDGREN
My Lords, could I ask whether, in view of that reply, it is now clear that other Commonwealth air line operators who operate in conjunction with B.O.A.C., and whose schedules have been arranged in conjunction with B.O.A.C. under the bilateral agreements, can give evidence on a case that B.O.A.C. takes before the tribunal?
§ LORD DENHAM
My Lords, B.O.A.C. can call them to give evidence in a case in which B.O.A.C. is involved as a party having a direct interest. But they cannot give evidence on their own interests.