HL Deb 07 March 1987 vol 487 c293

5 Clause 3, page 4, line 40, after "(a)", insert "or (b)".

6 Page 4, line 43, at end insert— () Where a competent harbour authority suspends or revokes an authorisation of any person by virtue of paragraph (c) or (d) of subsection (5) above, it shall give him notice in writing—

  1. (a) stating that the suspension or revocation was by virtue of that paragraph; and
  2. (b) specifying the duration of the authorisation in question and any previous authorisations granted to that person by the authority.".

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that the House do agree with the Commons in their Amendments Nos. 5 and 6 en bloc.

These amendments fulfil commitments which I gave on Third Reading. I agreed to consider a suggestion from the noble Lord, Lord Underhill, that the provision in Clause 3(6) requiring a CHA to give a pilot notice in advance, if his authorisation was to be suspended on grounds of incompetence or misconduct, should be extended also to cover cases where a pilot no longer met the CHA's qualifications for a pilot. There is some affinity between these two types of case, and Amendment No. 5 extends the notice provision accordingly.

I also accepted in principle an amendment from my noble friend Lord Swinfen, requiring a CHA to give a pilot a document which he could effectively use as a reference, if it had been found necessary to suspend or revoke his authorisation on grounds unconnected with his competence, conduct or qualifications. Amendment No. 6 fulfils that commitment. I beg to move.

Moved, That the House do agree with the Commons in the said amendments.—(Lord Brabazon of Tara.)

Lord Underhill

My Lords, I am grateful to the Minister for carrying out the undertaking that he gave at an earlier stage. Would he confirm that Amendment No. 5 not only provides for written notice but also, as I read it, for the opportunity for representations to be made? This seems rather an important point and when I read the amendment I thought that was the case.

Lord Swinfen

My Lords, I should like to take the opportunity of thanking my noble friend for ensuring that the amendment with regard to certificates for pilots was brought forward in another place. It would have been quite wrong and unfair if, as well as losing their livelihood, the pilots had lost their qualifications through no fault of their own.

Lord Brabazon of Tara

My Lords, I am grateful to my noble friend. I can say to the noble Lord, Lord Underhill, that yes it gives him a reasonable opportunity of making representations.

On Question, Motion agreed to.