§ Mr. DismoreTo ask the Secretary of State for Transport which airlines flying into and out of the UK have(a) fully waived, (b) partially waived and (c) not waived their rights under the Warsaw Convention to (i) limit compensation payable in respect of passengers injured or killed while travelling with them and (ii) refused to pay compensation for psychiatric injury; and if he will make a statement. [118696]
§ Mr. JamiesonThere are approximately 113 non-EEA airlines regularly operating services to and from the UK. Of these the following are known to have waived certain rights under the Warsaw Convention.
Aeroflot Russian Airlines, Air Canada, Air China, Air Mauritius, Air New Zealand, American Airlines, American Trans Air, Asiana Airlines, Avianca, Cathay Pacific, Continental Airlines, Croatia Airlines, CSA—Czech Airlines, Cubana de Aviaciõn, Cyprus Airways, Delta Airlines, Egyptair, Estonian Air, Eurocypria Airlines, Kenya Airways, Korean Air Lines, Lithuanian Airlines, LOT Polish Airlines, Maley Hungarian Airlines, Northwest Airlines, Qantas Airlines, Royal Air Maroc, Royal Brunei Airlines, Singapore Airlines, South African Airways, Thai Airways International, Turkish Airlines, United Airlines, UPS Airlines, US Airways, Varig SA.
These airlines have waived their rights in relation to compensation payable in respect of passengers injured or killed while travelling with them. The Warsaw Convention makes no specific provision for compensation for psychiatric injury. In some jurisdictions, including the UK, compensation for psychiatric injury is possible when it is associated with physical injury.
Community air carriers and airlines based in Norway, Iceland, Liechtenstein and Switzerland are subject to the provisions of Regulation 2027–97, which removes all limits of liability for passenger death and injury.
§ Mr. DismoreTo ask the Secretary of State for Transport if he will make a statement on progress of reform of the Athens Convention. [118697]
§ Mr. JamiesonA Diplomatic Conference at the International Maritime Organization in October 2002, considered a draft amendment to the Athens Convention Relating to the Carriage of Passengers and Their Luggage By Sea, 1974. A draft instrument was duly adopted as the Athens Convention Relating to the Carriage of Passengers and Their Luggage By Sea, 2002. When in force, following ratification by 10 States, the 2002 Convention will significantly increase the amount of compensation available for death or personal injury claims to fare-paying passengers travelling on international services by sea. It will also make it easier for claimants to access compensation through a requirement on ship owners to maintain insurance cover, and by means of a right of direct action against the ship owner's insurer. The UK actively participated 19W in the Conference and welcomes its outcome. The Government is currently exploring legislative options for implementation of the Convention in the UK.