§ Powers exercisable on suspicion of intended offence. 1971 c. 70.
§ .(1) Where a constable has reasonable cause to suspect that a person about to embark on an aircraft in the United Kingdom, or a person on board such an aircraft, intends to commit, in relation to the aircraft, an offence under Part I of this Act or under the Hijacking Act 1971, the constable may prohibit him from travelling on board the aircraft; and for the purpose of enforcing that prohibition the constable—
- (a) may prevent him from embarking on the aircraft or, as the case may be, may remove him from the aircraft, and
- (b) may arrest him without warrant and detain him for so long as may be necessary for that purpose.
§ (2) Without prejudice to the preceding subsection, where a direction given under section (Power to require aerodrome managers to promote searches at aerodromes) of this Act to the manager of an aerodrome is for the time being in force, then if a constable, or any other person specified in the direction in accordance with that section, has reasonable cause to suspect that an article to which section (Offences in relation to certain dangerous articles) of this Act applies is in, or may be brought into, any part of the aerodrome, he may, by virtue of this subsection and without a warrant, search any part of the aerodrome or any aircraft, vehicle, goods or other movable property of any description which, or any person who, is for the time being in any part of the aerodrome, and for that purpose—
- (a) may enter any building or works in the aerodrome, or enter upon any land in the aerodrome, if need be by force, and
- (b) may stop any such aircraft, vehicle, goods, property or person and detain it or him for so long as may be necessary for that purpose.
§ (3) Subsections (1) and (2) of this section shall have effect without prejudice to the operation, in relation to any offence under this Act or under the Hijacking Act 1971,—
- (a) in England and Wales, of section 2 of the Criminal Law Act 1967 (which confers power to arrest without warrant) or of section 3 of that Act (use of force in making arrest, etc.), or
- (b) in Scotland, of any rule of law relating to power to arrest without warrant, or
- (c) in Northern Ireland, of section 2 or section 3 of the Criminal Law Act (Northern Ireland) 1967."
§
The noble Lord said: Subsection (1) is (with a modification necessary now that the Bill is divided into separate parts) the text of the existing Clause 6(1) of the Bill, whereas the new subsection (2) provides that without prejudice to subsection (1)
where a direction given under section"—
Amendment No. 15—
is … enforced, then if a constable, or any other person specified in the direction … has reasonable cause to suspect that an article"—
to which the new Clause 20 applies—
is in, or may be brought into, any part of the aerodrome, he may … without a warrant, search any part of the aerodrome or any aircraft … property … or any person … in any part of the aerodrome, and for that purpose
Amendment No. 15, read in conjunction with Amendment No. 18, does not give an aerodrome manager the right to carry out any searches. As I said before, it is necessary for the Bill to confer such powers as are necessary, though not on him, and that is the purpose of this clause. Also the persons carrying out a search on an aerodrome may be authorised to do so otherwise than under this subsection; that is, by other statutory powers or property rights or contractual rights. It should also be noted that the power granted by the subsection differs radically from the normal power, in that the searcher need have only a reasonable suspicion that an article to which the new clause applies is on the aerodrome, and not, as in the normal case, a reasonable suspicion that the article is on the person or in the property being searched. I beg to move.
§ LORD BESWICKI wonder whether the noble Lord would be good enough to give me a precedent in other legislation for giving powers to a constable to arrest a man without warrant and to hold him for as long as he considers necessary?
§ LORD DRUMALBYNI do not think there is a precedent here. As I indicated at the outset, there are some powers here that are unprecedented. We consider that as the circumstances here are also unprecedented, those powers are justified in those circumstances.
§ On Question, Amendment agreed to.
442§ 6.11 p.m.
§
LORD DRUMALBYN moved Amendment No. 23:
After Clause 7, insert the following new clause—
§ Penalties in connection with exercise of powers under Part II or under section (Powers exercisable on suspicion of intended offences).
§ ".—(1) Any person who—
- (a) refuses or without reasonable excuse fails to comply with a requirement imposed on him by a notice under section (Power for Secretary of State to require information) of this Act, or with a requirement imposed on him under subsection (2)(b) of section (Inspection of aircraft and aerodromes) of this Act, or
- (b) in furnishing any information so required, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular,
§ (2) Any person who refuses or fails to comply with a direction given to him under section (Power to impose restrictions in relation to aircraft) or section (Power to require aerodrome managers to promote searches at aerodromes) of this Act shall be guilty of an offence.
§ (3) Any person to whom a direction is given under section (General power to direct measures to be taken for purposes to which Part II applies) of this Act, and who refuses or without reasonable excuse fails to comply with the direction, shall be guilty of an offence.
§ (4) Any person who—
- (a) wilfully obstructs or impedes a person acting in the exercise of a power conferred on him by or under section (Inspection of aircraft and aerodromes) or section (Powers exercisable on suspicion of intended offence) of this Act, or
- (b) wilfully interferes with any building constructed or works executed on any land in compliance with a direction under section (General power to direct measures to be taken for purposes to which Part II applies) of this Act or with anything installed on, under, over or across any land in compliance with such a direction,
§ (5) A person guilty of an offence under section (Offences in relation to certain dangerous articles) of this Act or under this section shall be liable on summary conviction to a fine not exceeding £400, and shall be liable on conviction on indictment—
- (a) in the case of an offence under section (Offences in relation to certain dangerous articles) of this Act, to a fine or to imprisonment for a term not exceeding five years or to both, and
- (b) in the case of an offence under this section, to a fine or to imprisonment for a term not exceeding two years or to both.
§ The noble Lord said: I beg to move this new clause, which deals with penalties. I do not know whether I need go 443 into details. Perhaps I should draw attention particularly to subsection (2), which makes it an offence to refuse or fail to comply with a direction. I should make it clear that there is no provision for reasonable excuse as a defence. However, the nature of these directions makes reference to reasonable excuse in this clause inappropriate, since Amendment No. 14 can require an aircraft operator not to cause or permit persons or property to come into his aircraft, including taking all steps necessary and practicable to prevent entry. An absolute duty is thus imposed on the operator to make no mistake. I beg to move.
THE EARL OF SELKIRKMay I ask my noble friend to clear up one point in subsection (5)? There in two places it is stated:
… under this section … to a fine not exceeding £400…(2) … or to imprisonment for a term not exceeding 5 years or to both …and then under paragraph (b):… to a fine …" —apparently of unlimited amount—…or to imprisonment for a term not exceeding 2 years …Is the wording "under this section" correct in both places?
§ LORD DRUMALBYNI should like to look at that question. I do not quite know the answer to it off-hand.
§ On Question, Amendment agreed to.
§ LORD DRUMALBYNI beg to move Amendment No. 24. This is a fairly standard clause.
§
Amendment moved—
After Clause 7 insert the following new clause—
§ Offences by bodies corporate
§ ".—(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
§ (2) In this section "director", in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership an industry or part 444 of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate."—(Lord Drumalbyn.)
§ On Question, Amendment agreed to.
§
LORD DRUMALBYN moved Amendment No. 25:
After Clause 7, insert the following new clause—
§ Compensation in respect of certain measures taken by aerodrome managers
§ .—(1) The provisions of this section shall have effect where, in compliance with a direction under section (General power to direct measures to be taken for purposes to which Part II applies) of this Act, the manager of an aerodrome takes any measures consisting of the construction, execution, alteration, demolition or removal of a building or other works on land either within or outside the aerodrome.
§ (2) If the value of any interest in that land to which a person is entitled is depreciated in consequence of the taking of those measures, or the person having such an interest suffers loss in consequence of them by being disturbed in his enjoyment of any of that land, he shall be entitled to compensation equal to the amount of the depreciation or loss.
§ (3) If any land other than the land on which the measures are taken is injuriously affected by the taking of those measures, any person having an interest in that other land, who suffers loss in consequence of its being injuriously affected, shall be entitled to compensation equal to the amount of the loss.
§ (4) Any compensation to which a person is entitled under this section shall be payable to him by the manager of the aerodrome by whom the measures in question were taken.
§ (5) The provisions of the Schedule (Provisions relating to compensation) to this Act shall have effect for the purposes of this section; and the preceding provisions of this section shall have effect subject to the provisions of that Schedule.
§
The noble Lord said: This is the clause which deals with compensation in respect of certain measures taken by areodrome managers, and it provides that where the manager of an aerodrome takes any measures consisting of
…the construction, execution, alteration, demolition or removal of a building or other works on land either within or outside the aerodrome
this clause shall apply. The effect of subsection (2) of the new clause in Amendment No. 19 is to create both a right and a duty for the works on the aerodrome to be carried out. As regards the carrying out of works on land outside the aerodrome, there is no right against the owners or other persons having an interest in it to carry out such work. At first sight it may appear strange that the
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compensation provisions should apply in respect of works on land off the aerodrome. The reason for this is that if the work off the aerodrome were urgently required it would be possible for the owner of the land merely to give his consent, secure in the knowledge that he would have a statutory right to compensation. Without the provisions of this clause he could not safely give his consent until his compensation had been agreed, which could cause delay. I beg to move.
§ On Question, Amendment agreed to.
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LORD DRUMALBYN moved Amendment No. 26:
After Clause 7, insert the following new clause—
§ Reimbursement of expenses incurred for purposes to which Part II applies
§ ".—(1) The Secretary of State with the approval of the Treasury may, out of moneys provided by Parliament, reimburse to any person who is—
- (a) the operator of one or more aircraft registered or operating in the United Kingdom, or
- (b) the manager of an aerodrome in the United Kingdom,
§ (2) For the purposes of this section any expenses incurred in paying compensation under section (Compensation in respect of certain measures taken by aerodrome managers) of this Act shall be treated as being expenses incurred as mentioned in the preceding subsection."
§
The noble Lord said: I beg to move this Amendment. Subsection (1) provides that the Secretary of State may with the approval of the Treasury and out of moneys provided by Parliament reimburse the operator of United Kingdom registered aircraft or of any other aircraft for the time being allocated for use on flights to or from the United Kingdom, or reimburse the manager of any aerodrome in the United Kindom, for any expenses incurred since June 1, 1972, or to be incurred by them for the purpose
446
to which Part II of the Bill applies in respect of those aircraft or of that aerodrome, whether in consequence of a direction under Part II of the Bill or otherwise. Since June 1, 1972, the payments that are referred to, at the rate of £1 million a year for the security services on aerodromes, are being made, and they are being made not in consequence of a direction but in consequence of the voluntary action that has been taken. This clause, therefore, does not validate that expenditure because it does not really require validation, but it does provide for continuity of that sort of expenditure now and in the future. I think if anything were needed to show the way in which it is proposed to operate this Bill the words at the end of subsection (1) make it clear that the expenses are
… incurred in consequence of a direction given under Part II or this Act or not.
It applies equally to the voluntary expenditure and that made under direction. I beg to move.
THE EARL OF SELKIRKMay I ask the noble Lord one question? This Amendment assumes that the only people to whom compensation will be payable will be operators of aircraft or managers of aerodromes. We are involving breaches of contract, and there may be a third party who might well suffer damages in consequence of a direction. Should we not make some reference to that in this Amendment No. 26?
§ LORD DRUMALBYNI do not think so, because so far as the managers of aerodromes are concerned they are in touch, no doubt, with any proprietors with rights, whether inside the aerodrome or outside it, and they will be responsible for making the payments in accordance with the Schedule we are coming to. The provisions relate to compensation provided due notice is given of the intention to ask for compensation. I do not think that this question will arise. I do not think that it is necessary to include the third party here. We are dealing purely and simply with the relationship between the Secretary of State, on the one hand, and the operator or the manager of the aerodrome to whom he gives direction, on the other. He will, in effect, be reimbursing the payments that have been made in either case for the works or whatever rights have been acquired.
THE EARL OF SELKIRKI had in mind travel agencies who, I assume, might have an action against the airline, who, in turn, would claim compensation against the Secretary of State.
§ LORD DRUMALBYNI will certainly look at that point to see whether this can arise. So much of this clause is concerned with "search", and the contracts between the carrier and the passenger give the carrier the right to say that a person will not be admitted on to an aircraft unless he submits to search.
§ On Question, Amendment agreed to.
§
LORD DRUMALBYN moved Amendment No. 27:
After Clause 7, insert the following new clause—
§ Service of documents
§ ".Any notice, direction or other document required or authorised by any provision of this Act to be served on or given to any person may be served or given—
- (a) by delivering it to him, or
- (b) by sending it to him by post at his usual or last-known resident or place of business, whether in the United Kingdom or elsewhere, or
- (c) in the case of a body corporate, by delivering it to the secretary, clerk or similar officer of the body corporate at its registered or principal office in the United Kingdom (or, if it has no office in the United Kingdom at its principal office, wherever it may be) or sending it by post to the secretary, clerk or similar officer of that body corporate at that office."
§ The noble Lord said: This clause deals with the service of documents, and covers most of the ways in which a document will, in practice, be served. The clause does not prevent service from being made in some other way if it is thought appropriate. I beg to move.
§ On Question, Amendment agreed to.
§ Clause 8 [Interpretation]:
§ 6.21 p.m.
§ LORD DRUMALBYN moved Amendment No. 28:
§
Page 7, line 1, at end insert ("except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say—
aerodrome" means the aggregate of the land, buildings and works comprised in an aerodrome as defined by section 28(3) of the Civil Aviation Act 1968 and (if and so far as not comprised in an aerodrome as so defined) any land, building or works situated within the boundaries of an area designated,
448
by an order made by the Secretary of State which is for the time being in force, as constituting the area of an aerodrome for the purposes of this Act;
aircraft registered or operating in the United Kingdom" means any aircraft which is either—
article" includes any substance, whether in solid or liquid form or in the form of a gas or vapour;
constable" includes any person having the powers and privileges of a constable;
explosive" means any article manufactured for the purpose of producing a practical effect by explosion, or intended for that purpose by a person having the article with him;
firearm" includes an airgun or air pistol;
manager", in relation to an aerodrome, means the person (whether being the British Airports Authority, the Civil Aviation Authority, a local authority or any other person) by whom the aerodrome is managed.")
§ The noble Lord said: This is the definition clause, and the first definition refers to the definition of an aerodrome, which is defined by reference to an area of land designed, equipped, set apart and commonly used for affording facilities for landing and departure of aircraft. That is the definition under the Civil Aviation Act 1968, but it may not be sufficient for security purposes at large aerodromes where many facilities are provided, and it may not be clear whether a particular facility falls within the 1968 definition. Accordingly, the clause provides that the Secretary of State may, but need not, define by an Order the area of land which constitutes the area of an aerodrome for the purposes of the Act. I beg to move.
THE EARL OF SELKIRKWould the noble Lord look again at the definition of an aircraft operating in the United Kingdom that is not registered here? Does he mean that any aircraft landing in the United Kingdom should be included in that definition, or does he not? If he does mean that, the wording of this description is extremely odd. I have no idea what the words "allocating an aircraft on flights otherwise than in exceptional circumstances" meant. If he means" any aircraft operating from this country", why not say so?
§ LORD DRUMALBYNI think that we are here dealing with aircraft that are operated within the meaning of the word "operated", and not private aircraft and the like. That is where the distinction is. This provision does not necessarily apply to private aircraft arriving at an aerodrome in this country.
THE EARL OF SELKIRKDoes the noble Lord mean that any commercial aircraft landing in this country comes under this definition? If he means that, why not say so? He uses words that I do not understand. Perhaps other people may, but I do not.
§ LORD DRUMALBYNI thought I understood what the words meant, but I think that the noble Earl has explained in ordinary terms what is intended. I will certainly have a look at the matter to see the reason for defining the term in this way.
§ On Question, Amendment agreed to.
§
LORD DRUMALBYN moved Amendment No. 29:
Page 7, leave out lines 3 to 15 and insert—
"measures" (without prejudice to the generality of that expression) includes the construction, execution, alteration, demolition or removal of buildings or other works and also includes the institution or modification, and the supervision and enforcement, of any practice or procedure;
operator" has the same meaning as in the Civil Aviation Act 1971;
property" includes any land, buildings or works, any aircraft or vehicle and any baggage, cargo or other article of any description".
§ The noble Lord said: The words to be omitted from Clause 8 are now in Clause 1 of the Bill. The insertion comprises the further definitions now required that came after the definition of "military service". I beg to move.
§ On Question, Amendment agreed to.
§
LORD DRUMALBYN moved Amendment No. 30:
Page 7, line 31, at end insert ("and anything done on board an aircraft while in flight over any part of the United Kingdom shall be treated as done in that part of the United Kingdom").
§ The noble Lord said: This Amendment adds at the end of Clause 8(2)(b) words to ensure that anything done on board an aircraft in flight over any part of the United Kingdom shall be treated 450 as done in that part of the United Kingdom. That is to avoid any doubt about which legal system, English, Scottish or the like, is to apply in regard to anything done on board an aircraft in flight over the United Kingdom. I beg to move.
§ On Question, Amendment agreed to.
§ LORD DRUMALBYN moved Amendment No. 31:
§
Page 7, line 34, at end insert—
("() Any power to make an order under subsection (1) of this section shall be exercisable by statutory instrument; and any statutory instrument whereby any such order is made shall be subject to annulment in pursuance of a resolution of either House of Parliament.
() Any power to make an order under subsection (1) of this section, or to give a direction under any provision of this Act, shall be construed as including power to revoke or vary any such order or direction by a further order or direction made under that subsection, or given under that provision, as the case may be.")
§ The noble Lord said: Two new subsections are added here. The first provides that an Order under Clause 8(1), the definition of an aerodrome, shall be exercisable by Statutory Instrument, to be subject to annulment by Resolution of either House of Parliament. The second provides that the power to make an Order under Clause 8(1), or to give a direction under the Bill, shall be construed as including the power to revoke, or vary, any such Order or direction by a further Order or direction under the same provision. I beg to move.
§ On Question, Amendment agreed to.
§ Clause 8, as amended, agreed to.
§ Clauses 9 and 10 agreed to.
§
LORD DRUMALBYN moved Amendment No. 32:
After Clause 10, insert the following new Schedule—