HL Deb 08 June 1999 vol 601 cc1293-5

Lord Campbell of Croy asked Her Majesty's Government:

What reports they have received concerning civil aircraft on international flights carrying less than the prescribed minimum amount of fuel at the time of their reaching British airports.

The Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions (Lord Whitty)

My Lords, in the past two years air traffic controllers have made 12 mandatory occurrence reports to the Civil Aviation Authority about aircraft making emergency calls because of low fuel levels. As a result of priority given to these aircraft, most landed with fuel levels above the prescribed minimum. We have also been advised, through a confidential reporting system, of an allegation that one airline has operated into Heathrow airport with low fuel on a number of occasions.

Lord Campbell of Croy

My Lords, I am grateful to the Minister for his very full reply. However, does he know what the reasons are for airlines adopting this dangerous practice? Are they trying to get priority in landing when delays or diversions are necessary? Whatever the reasons, are the Government in a position to insist on adequate reserves of fuel being carried by aircraft in order to ensure safety?

Lord Whitty

My Lords, the minimum level of fuel is a matter for the aviation authorities in the country which hosts the airline. Certainly, all aeronautical authorities do try to ensure the minimum fuel. As far as concerns the Chicago Convention, that is a pretty substantial margin. It provides enough fuel to make an approach and landing, to cover one miss, to fly to an alternative airport and to hold for 30 minutes, plus any contingency which the national aviation authority prescribes. So it is quite a big margin. Nevertheless, there is obvious concern that on a few occasions—we are talking about 12 occasions out of about 2 million inward flights—there appears to have been a problem. However, so far as we can ascertain, it is not a systematic problem.

Lord Clinton-Davis

My Lords, in the light of what my noble friend said about "one airline", can he tell the House what steps are being taken to ensure that sanctions are imposed or criminal proceedings taken against the airline concerned? Is ray noble friend prepared to mention the name of the airline in the House today? Further, is there a process of upgrading the number of checks carried out both in relation to the level of fuel carried by aircraft and in relation to airworthiness?

Lord Whitty

My Lords, as it has appeared in many newspaper reports, I think that I am in a position to give the name of the airline concerned—Malaysia Airlines. Its policy clearly complies with the Chicago Convention minimum and its own aeronautical authorities are insistent that it should abide by that.

Where there is a clear and systematic breach, we have on occasions suspended rights to land. As far as concerns more systematic checks, there is always effectively an automatic check through the refuelling process. I do not believe that we need more than that. As I said in response to the noble Lord, Lord Campbell of Croy, the margin is very substantial. This is not a question of aircraft landing empty, or anywhere near empty, of fuel.

Lord Skelmersdale

My Lords, perhaps I may rephrase what the Minister said. He said that the problem was de minimis. I think I am right in saying that he cited 12 incidents out of a total of 2 million flights coming into this country. Can he say whether this is an increasing or a decreasing problem? If my memory serves me right, we have had at least two Questions on this subject in the past few weeks.

Lord Whitty

My Lords, the figure of 12 relates to the past two years. There has not been a significant increase in such incidents. I did not use the term de minimis, whatever that means. Clearly one incident is too many. We must ensure that all aircraft flying into our airports have a safe margin as regards fuel. Certainly, our own aeronautical system and our own authorities are anxious to ensure that that is the case.

Lord Brabazon of Tara

My Lords, bearing in mind the recently reported incident concerning Malaysia Airlines and given the fact that there is no obligation on anyone's part, as regards a foreign registered aircraft, for reports to be made of such incidents to the aeronautical authorities or indeed to the department concerned in this country, is the Minister satisfied with the situation? Further, can the Minister tell us whether in the case of Malaysia Airlines a mandatory occurrence report was made to the Malaysian authorities? If so, was that report passed on to either the Civil Aviation Authority or the department here?

Lord Whitty

My Lords, the information was passed to the British authorities and was then passed to the Malaysian authorities who have taken appropriate action with regard to their own carrier.

Lord Berkeley

My Lords, if the allegation about Malaysia Airlines is proven, do the Government have the power, through the CAA or whatever, to stop Malaysia Airlines flying to this country for a period of six months or a year? Surely, that is the best sanction to impose to stop other airlines adopting the same tactics.

Lord Whitty

My Lords, we have the ability to suspend landing rights. We have used that power in relation to a Nigerian registered aircraft owned by a Ugandan carrier after we had received an AAIB report. We suspended that airline for 18 months.

Lord Campbell of Croy

My Lords, in a lighter vein, if airlines are seeking popularity through punctuality, could they not emulate British Airways and arrange wagers on early times of arrival involving charming air hostesses? I understand that a recent incident has greatly increased the popularity of British Airways.

Lord Whitty

My Lords, in answering that question I would get into trouble with someone or other. Therefore I prefer to defer to the noble Lord, Lord Campbell of Croy.

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