HL Deb 03 July 1962 vol 241 cc1164-5

2.43 p.m.

LORD CASEY

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 they agree that there is some doubt as to whether technically civil aviation is outside paragraph two of Article 84 of the Treaty of Rome.]

THE MINISTER WITHOUT PORTFOLIO (LORD MILLS)

My Lords, an English translation of paragraph two of Article 84 of the Treaty of Rome reads: The Council, acting by means of a unanimous vote, may decide whether, to what extent, and by what procedure appropriate provisions might be adopted for sea and air transport. This clearly covers civil aviation. Equally clearly the provisions about transport set out in Title IV of Part Two of the Treaty do not cover civil aviation since the Council has not yet taken a decision under Article 84.

LORD CASEY

My Lords, while thanking the noble Lord for his reply, against the background of the contents of paragraph two of Article 84, which the noble Lord has just quoted, might I ask whether it is not a fact that the European Parliamentary Assembly adopted a resolution in December, 1961, in which, inter alia, it requested the Council of the European Economic Community to put the problem of a common air transport policy on the agenda of one of their forthcoming meetings to enable the provisions of paragraph two of Article 84 to be made rapidly? Then, in extension of that, perhaps I might be allowed to ask this: would not the noble Lord agree that, if this matter is decided in a certain way before Her Majesty's Government join the European Economic Community (if in fact in due course she does so), the matter of air transport, including provisions for negotiation of traffic rights, might be decided before Her Majesty's Government become a member of the Community, and the fears I have ventured to express might become real instead of hypothetical?

LORD MILLS

My Lords, the answer to the first supplementary question is, Yes. In regard to the second supplementary question, theoretically the European Economic Community Council may decide on appropriate provisions for air transport at any time; and, if they did so decide, that would be a matter for Her Majesty's Government to take into account when deciding whether or not to join the Community. But it is, I think, highly unlikely that the Council, which has certain other important matters before it, will reach an early decision on this.

LORD OGMORE

My Lords, may I ask the noble Lord whether there is not already on the Statute Book the Civil Aviation (Euro-control) Act, which controls military and civil aviation throughout Western Europe?

LORD MILLS

Yes, my Lords, that is a fact.