§ Mr. DismoreTo ask the Secretary of State for the Environment, Transport and the Regions what plans he has to review the operation of the Warsaw convention in relation to air accidents as it applies to(a) United Kingdom-based airlines and (b) airlines using UK airports; and if he will make a statement. [66394]
§ Ms Glenda JacksonThe Warsaw convention is an agreement relating to international carriage by air. Signed originally in 1929, it has been the subject of a number of amendments which have not necessarily been ratified by all the original signatories. Although the United Kingdom has ratified all the amendments currently in force, the operation of the convention in relation to international carriage performed by foreign airlines using UK airports will depend upon the level of accession to the convention by the foreign airline's country of origin and the airline's conditions of carriage. The convention, as amended by the Hague Protocol 1955, applies in the UK by subordinate 307W legislation to domestic carriage performed by any airline but with numerous modifications, including an uplifting of passenger liability limits. Protocol No. 4 of Montreal 1975 has recently entered into force and provision for implementation, for both international carriage and, with modifications, for domestic carriage, is currently the subject of consultation. I expect two draft Orders in Council for approval by resolution of each House to be laid soon.
To coincide with the entry into force of Council Regulation 2027/97 in October last year, Parliament adopted the Air Carrier Liability Order 1998 which introduced, for the purposes of national legislation giving force to the Warsaw convention for both international and domestic carriage, unlimited liability for passenger claims with strict liability up to 100,000 SDR for United Kingdom and other Community airlines.
The International Civil Aviation Organisation plans to hold a Diplomatic Conference later this year for the purpose of adopting a new convention intended to replace all previous Warsaw instruments and broadly to align the liability provisions with those of the Council Regulation. Officials from my Department have been involved in the development of the new convention and the United Kingdom will participate actively in the Conference.