Civil Aviation Bill

Debate between Earl of Caithness and Earl Cathcart

Wednesday 7th November 2012 Lords Chamber

[Earl Cathcart]

My Lords, I am by and large happy with the government amendments in this group and will talk particularly to Amendments 1 and 7. The wording is not precisely what we asked for, but my noble friend Lord Attlee has clearly listened to the arguments expressed in Committee, on all sides, and has gone a long way to addressing these concerns.

I will say something on Amendments 2 and 8 in the name of the noble Lord, Lord Davies. I share his concern that “desirability” is rather limp—I think the noble Lord used the word “wishy-washy”. I would much rather have seen the word “duty” in there, as I feel we all have a duty to the environment in whatever we do and the aviation industry should be no exception. I would like to have seen the licence holder having a duty, using the words of the government amendment,

“to take reasonable measures to reduce, control or mitigate the adverse environmental effects of the airport”.

However, that is not where we are. The Government have used the word “desirability” in their amendment, for the reason given by my noble friend Lord Attlee, and I do not suppose that they are inclined to accept any amendment to that.

Is the Government’s amendment fit for the purpose that we argued for in Committee? I believe that it is. Although there is no mention that the licence holder should have a duty to have regard to the impact of airports on local communities, which is something that I argued for in Committee, I believe that these amendments will deal with the impact of airports on the environment. Importantly, these amendments will provide the CAA with the flexibility it needs to allow regulated airports to invest in sensible measures to reduce the environmental impact of their operations, without fear of legal challenge from an airline, whose main preoccupation, in this regard, is simply to minimise airport charges. That was the kernel of the argument in Committee, and my noble friend Lord Attlee has addressed it. I welcome these government amendments as they stand, and I thank the Minister and his team for listening and responding.

[The Earl of Caithness]

My Lords, I apologise to the House for not being able to take part in the Committee stage of this Bill, although I have read with interest what was said. I congratulate my noble friend on bringing forward these amendments. They have gone a very long way towards meeting the concerns raised.

The noble Lord, Lord Davies of Oldham, understands this House, and I am sure that he will make representations to his party that it is really against the good will of the House to put down nothing but starred amendments from the Opposition. He was a workhorse of the previous Government and I know that he appreciated, as did the House, that amendments put down in good time lead to a better debate than those put down at the last minute. I exonerate him totally in this matter—I do not think that it is his fault. I believe that he has been overruled on this and I am sure that if he had had his way, he would have put the amendments down at an earlier stage.

With regard to the arguments on Amendment 2, the noble Lord rather lost me, as he was not as succinct as usual in putting forward his case. From what I managed to understand, I believe that he does have a point—this was echoed by my noble friend Lord Cathcart—in that we need to make the wording a little stronger. Will my noble friend Lord Attlee look at that again?