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Air Transport

4. John Barrett (Edinburgh, West): How many responses the Government has received to the "Future of Air Transport—Scotland" consultation document. [120212]

The Secretary of State for Scotland (Mr. Alistair Darling): As of 23 June, we had received 1,097 responses to the questionnaire and 520 letters and e-mails.

John Barrett : I thank the new Secretary of State for that answer. Is he aware that figures he has just released to the House show that less than 3 per cent. of the 61,000 consultation documents were returned? Does he agree that in view of the importance of air transport to the economy, transport and the environment, in the remaining six days before the deadline for responses he ought to do everything he can to ensure an increased response?

Mr. Darling: It is important that everyone who wants to respond to the consultation does so, but for various reasons many people probably do not want to respond, and the Government cannot dragoon them into doing so. With regard to Edinburgh airport, in which the hon. Gentleman, like me, has an immediate interest, and other airports in Scotland, it is important that we get a wide range of views about the projected growth and that we plan accordingly. So far, as I said, we have had a large number of responses. It is a matter of live interest, as the hon. Gentleman knows, not just in Edinburgh but in Glasgow.

In relation to the questionnaire, it is not surprising that many people who do not have any immediate views on the subject may choose not to respond. That does not weaken the strength of the consultation. We are giving people as much opportunity as possible to make their contribution, if they wish to do so.

Sandra Osborne (Ayr): I, too, welcome my right hon. Friend to his new duties. He knows how anxious I am to see building work recommence on the new Scottish centre, which is so vital for the future of air transport in the UK. Can he tell the House when we are likely to receive an announcement in that regard?

Mr. Darling: In the not too distant future, I hope. My hon. Friend knows that I visited the Prestwick control centre last summer, and I am well aware of the fact that people in Prestwick and the surrounding area want the second centre to be built as soon as possible. May I reassure my hon. Friend and the House that a second centre is an essential part of the National Air Traffic Services strategy? It is necessary for operational reasons

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and for back-up. It is a great pity that it has taken such a time to get a decision, but I am optimistic that we will be able to say something in the not too distant future.

Pete Wishart (North Tayside): Will the right hon. Gentleman have a long discussion with himself about landing charges at BAA airports? He knows that Glasgow airport recently lost a BMI service from Cardiff, and easyJet has branded Scotland's airports as far too expensive. What will he say to himself in order to address the problem?

Mr. Darling: In relation to the charges, if there is any suggestion that BAA is not acting properly, there is provision in competition law for that to be investigated. One of the reasons that low-cost airlines have been able to cut their prices so significantly is that they have driven hard bargains with airports in order to reduce landing charges—in some cases down to pretty negligible amounts.

The hon. Gentleman speaks from time to time about the need for a sustainable transport policy. There comes a point when someone somewhere must pay to renew airport infrastructure. I know, because I have spoken to just about everyone involved in the airline industry, that it is the view of some low-cost operators that that is someone else's problem. They want to drive a hard deal, and in some cases they are not interested in an airport being done up, because they are not willing to pay for the cost of that. For the long-term sustainability of air transport, we need to make sure that infrastructure is replaced and upgraded, and that must be paid for.

If the hon. Gentleman has a specific complaint about BAA airports in Scotland, I am sure the competition authorities will be happy to hear from him.

Mrs. Jacqui Lait (Beckenham): If the consultation on the right hon. Gentleman's airport strategy should suggest that increased capacity requires a northern hub at either Manchester or Edinburgh-Glasgow, how will he speak up for Scotland's airports and advise his fellow Cabinet members as Secretary of State for Transport?

Mr. Darling: When I set up the consultation exercise in July last year, the question was not Manchester versus Edinburgh or Glasgow; the question was whether it would be possible or desirable to have a Scottish hub airport. The hon. Lady may know, although perhaps the view from Beckenham is rather different, that that has been a long-running argument in Scotland. [Interruption.] The argument in central Scotland is between Edinburgh and Glasgow, both of which are in Scotland. I do not think there is a problem there.

What I will have to decide during the course of this year, prior to publishing the White Paper at the end of it, is whether there is an argument for trying to build a hub airport in central Scotland or whether Edinburgh and Glasgow can carry on working in tandem, as they do at the moment. Frankly, that is the argument. Manchester is competing increasingly with airports in south-east England rather than Scotland, although people from Scotland use that airport because it is a very good one.

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ADVOCATE-GENERAL

The Advocate-General was asked—

Human Rights

16. Mr. Tam Dalyell (Linlithgow): What human rights issues have been raised with her since 20 May. [120183]

The Advocate-General for Scotland (Dr. Lynda Clark): Since 20 May, I have received intimation of 28 devolution issue minutes, all of which have concerned human rights issues. They were all raised in connection with criminal proceedings and concerned a wide range of matters including pre-trial delay, actions of police officers prior to arrest and surveillance carried out before the Regulation of Investigatory Powers Act 2000 came into force.

Mr. Dalyell: As a United Kingdom Law Officer, does the Advocate-General think that the Scottish and indeed English legal traditions are at ease with the Guantanamo Bay mentality of certain of those surrounding the President of the United States about not bringing to trial those Iraqis who have been put in custody, whatever they may have done?

The Advocate-General: I have the highest respect for both the Scottish and English legal traditions; of course, one of my jobs as Advocate-General is to explain the Scottish legal tradition to other countries. In the Adjournment debate that my hon. Friend recently secured, the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Harlow (Mr. Rammell), gave him some information about the situation of people who were detained. I have nothing to add.

Mr. Menzies Campbell (North-East Fife): What consideration has the Advocate-General given to the human rights implications of the treaty with the United States Government entered into by the Home Secretary and published on 21 May, which provides for extradition without prima facie evidence of any offence having been committed and is also of retrospective application? Does not that treaty raise fundamental issues about the human rights of people in Scotland who may be subject to its provisions?

The Advocate-General: I regret to inform the right hon. and learned Gentleman that, as he well knows, the consideration that I give is in private, and any advice that I give, in accordance with normal convention, is not disclosed.

Devolution

17. Miss Anne McIntosh (Vale of York): What devolution issues she has considered since 20 May. [120225]

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18. Ann McKechin (Glasgow, Maryhill): What devolution issues have been raised with her since 20 May under the Scotland Act 1998. [120226]

19. Annabelle Ewing (Perth): What devolution issues have been raised since 20 May. [120227]

The Advocate-General: All the 28 devolution issues intimated to me since 20 May have concerned human rights issues. I therefore refer the hon. Ladies to the reply I gave some moments ago to my hon. Friend the Member for Linlithgow (Mr. Dalyell).

Miss McIntosh: May I congratulate the hon. and learned Lady on retaining her post in the recent reshuffle, but express my disappointment that the part-time Secretary of State for Scotland has not remained in the Chamber to support her during questions?

I wish to revert to a subject that I have raised before: the Agricultural Holdings (Scotland) Act 2003 and its impact on agricultural tenancies and limited partnerships in Scotland. Will the Advocate-General please urgently give her advice on this issue, which is causing severe consternation among practising lawyers throughout Scotland, and especially among those specialising in agricultural holdings? It is having a severe impact of which she might not previously have been aware. Will she address the issue urgently?

The Advocate-General: I am very grateful to the hon. Lady for her congratulations, which I am sure are heartfelt. As far as my right hon. Friend the Secretary of State is concerned, as she well knows, the Law Officers are independent of all Secretaries of State, but I am sure that he is very busy.

On the substantive matter that the hon. Lady raised, I am aware that she has raised it previously and flagged up concerns, which we take into account. However, it is not my role to advise individual members of the public or solicitors about the difficulties that they might be having. Individual constituents who are having difficulties can raise the matter, and if there is any ground for challenge they can take it up.

Ann McKechin: The Government recently announced proposals for a supreme court. Can my hon. and learned Friend advise me whether she intends to consult members of the Scottish legal profession and the Civic Society in Scotland about how that court should proceed?

The Advocate-General: I regularly have informal discussions with members of the legal profession about a whole range of subjects, and I am sure that that issue will come up from time to time. The responsible Secretary of State will undertake the formal consultation and the issues will be widely canvassed. Indeed, I was encouraged by hon. Members on both sides of the House who represent Scottish constituencies to take part in that. Plainly, the supreme court is a matter of considerable interest in Scotland.

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Annabelle Ewing: Does the Advocate-General agree with Lord Hope, the senior Scottish Law Lord, that the new supreme court would have to be distinct in all respects from the English legal system in order not to fall foul of the treaty of Union? Would this not be a timely opportunity to repatriate final jurisdiction over civil law in Scotland to Scottish courts?

The Advocate-General: There has been a long tradition of appeals from civil cases going to the House of Lords. As part of the general consultation, Lord Hope's comments will be taken into account, along with the many other comments that have been made. I will consider all the issues in due course.


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