sc120707.57-62

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.B.
57

House of Commons

Thursday 7th July 2005

Standing Committee Proceedings

Standing Committee B

Civil Aviation Bill

[Third Sitting]

NEW CLAUSES

Responsibility of airlines for health, welfare and well-being of passengers

John Smith

Withdrawn  NC1

To move the following Clause:—

‘After section 84 of the Civil Aviation Act 1982 (c.16) insert—

“84A
Responsibility for health, welfare and well-being of passengers

(1)
It shall be the responsibility of airlines to which this section applies, so

far as is reasonably practicable, to protect and promote the health, welfare

and well-being of their passengers.

(2)
The general responsibility to protect and promote the health, welfare and

well-being of passengers includes particular responsibilities—

(a)
to seek to prevent the occurrence or unnecessary aggravation of

any injury, illness or disease;

(b)
for the mental and psychological health, welfare and well-being

of passengers;

(c)
for the provision and maintenance of equipment that is, so far as

is reasonably practicable, safe and without risks to the health,

welfare and well-being of passengers;

(d)
for the provision of such information, instruction. training and

supervision to staff as is necessary to protect and promote the

health, welfare and well-being of passengers; and

(e)
for the provision of such information and instruction to

passengers as is necessary to protect and promote their health,

welfare and well being.

84B
Responsibility for health, welfare and well-being of passengers:

supplementary

(1)
Subject to the provision of subsection (2) section 84A applies to—

S.C.B.    Standing Committee Proceedings: 7th July 2005
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Civil Aviation Bill, continued

(a)
all carriers to whom the Warsaw Convention as amended at The

Hague, 1955 (hereafter “the Convention”) applies by virtue of

Schedule 1 to the Carriage by Air Act 1961 (hereafter “the 1961

Act”); and

(b)
all carriers to whom Schedule 1 to the 1961 Act applied by virtue

of an Order in Council made under section 10 of that Act

(application to carriage by air not governed by Convention).

(2)
Section 84A shall not apply to the carriage of members of the armed

forces where—

(a)
that carriage takes place in pursuance of a duty or a commitment

as a member of the armed forces, and

(b)
the whole capacity of the aircraft has been reserved for such

carriage.

(3)
In this section “members of the armed forces” means all persons within

the meanings of the “regular services” or of the “reserve forces” given in

section 127 of the Reserve Forces Act 1996 (c.14) (interpretation).

84C
Responsibility for health, welfare and well-being of passengers:

liability


Where an airline to which section 84A has negligently failed to comply

with the responsibility specified the airline shall be liable in respect of

damages arising from such negligent failure.

84D
Responsibility for health, welfare and well-being of passengers:

amendments of the Carriage by Air Act 1961

(1)
The 1961 Act shall be amended as follows.

(2)
After section 1(1A) (Convention to have force of law), there shall be

inserted—

“(1B)
Where the provisions of the Convention conflict with the

provisions of this Act, the provisions of the Convention shall not

have the force of law.

(3)
In section 4(1) (limitation of liability), after the word “enforced”, there

shall be inserted “other than proceedings in respect of a liability under

section 4 of the Civil Aviation Act 2005.”.’.

Retention of data by National Air Traffic Services

Mr Julian Brazier

Mr Peter Atkinson

Withdrawn  NC2

To move the following Clause:—

‘(1)
The Secretary of State shall, in the period of twelve months beginning with the

passing of this Act, establish a duty for the National Air Traffic Services (NATS)

to retain all details on air traffic movements, including aircraft type, operator,

time of flight, route of origin and destination and all other relevant information,

and keep said data for a period no less than six months.

S.C.B.    Standing Committee Proceedings: 7th July 2005
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Civil Aviation Bill, continued

(2)
NATS shall be required under the provisions of subsection (1) to disclose all

information thereby retained to members of the public, within a two week period

commencing with the date of the inquiry.’.

Establishment of an independent noise monitoring authority

Tom Brake

Dr John Pugh

Not called  NC3

To move the following Clause:—

‘(1)
The Secretary of State shall have the power to require any competent authority to

monitor and report on noise levels at airports for the purpose of providing

independent noise monitoring.’.

Establishment of independent consultative facilities

Tom Brake

Dr John Pugh

Not called  NC4

To move the following Clause:—

‘For section 35 of the Civil Aviation Act 1982 (c.16) (facilities for consultation

at certain aerodromes) substitute—

“(1)
At all aerodromes the local authority shall establish a committee

including representatives of—

(a)
users of the aerodrome,

(b)
relevant local authorities, and

(c)
any other organisation representing the interests of persons

concerned with the locality in which the aerodrome is situated,


for the purpose of consultation with respect to any matter concerning the

management or administration of the aerodrome which affects their

interests.

(2)
The chairperson of any committee established under subsection (1) shall

be independent.

(3)
The local authority shall publish the minutes of all meetings held by a

committee established under section (1).”.’.

Provision for reporting to the CAA of emissions of carbon dioxide of all aircraft departing

S.C.B.    Standing Committee Proceedings: 7th July 2005
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Civil Aviation Bill, continued

from United Kingdom aerodromes

Tom Brake

Dr John Pugh

Not called  NC5

To move the following Clause:—

‘(1)
For the purposes of monitoring the emissions of carbon dioxide from aircraft

operating in or out of the United Kingdom, the Secretary of State shall, by

regulation, require all aerodrome authorities to report annually on the emissions

of carbon dioxide from all commercial flights, both domestic and international,

departing from aerodromes within the United Kingdom.

(2)
The reporting of carbon dioxide emissions to the aerodrome authorities at the

airport of departure shall be a requirement of all aircraft operators without

prejudice to nationality.

(3)
The reporting of emissions by aircraft operators specified in clause (2) shall be

calculated on the basis of the total fuel used on each departing flight over the

length of the route, to be multiplied by a standard emissions factor, to be

established by regulation.’.

Reduction of noise targets

Mr Julian Brazier

Mr Peter Atkinson

Negatived on division  NC6

To move the following Clause:—

‘The Secretary of State shall review no less than every 5 years, the maximum

noise limits on aircraft taking off from designated airports and shall take account

of the target of reducing the perceived external noise of new aircraft by 50% by

2020 compared to 2000.’.

Consultative committees

Mr Julian Brazier

Mr Peter Atkinson

Not moved  NC7

To move the following Clause:—

‘(1)
The Secretary of State shall, by regulation, establish a system for the independent

monitoring of consultative committees established under section 35 of the Civil

Aviation Act 1982 (c. 16), to ensure—

(a)
that Department of Transport guidelines on consultative committees are

produced, pursuant to section 35 of the 1982 Act,

(b)
fair representation of the full range of local interests, providing that does

not make the committee of a size that it precludes it from functioning

effectively, and

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Civil Aviation Bill, continued

(c)
that the appointment of the chairman and secretary of the committee are

sufficiently independent.’.

Duty to report on the transfer of powers from the CAA to the European Aviation Safety

Agency (EASA)

Mr Julian Brazier

Mr Peter Atkinson

Read a second time on division  NC8

Question for adding negatived on division

To move the following Clause:—

‘After section 61 of the Civil Aviation Act 1982 (c. 16) insert—

“61A
Duty to report on the transfer of powers from the CAA to the

European Aviation Safety Agency (EASA)

(1)
The Secretary of State shall make a report on the transfer of

responsibilities, in respect of air safety, from the CAA to the European

Aviation Safety Agency (EASA).

(2)
The Secretary of State shall report under subsection (1) within twelve

months of the passing of this Act.

(3)
The Secretary of State shall produce four more reports, at twelve month

intervals, following the publication of the report produced pursuant to

subsection (2).

(4)
A report produced under this section shall set out—

(a)
the matters in respect of air safety for which EASA has

responsibility at that time,

(b)
which, if any, of EASA’s responsibilities have been transferred

to the CAA during the previous twelve month period,

(c)
details of the number of staff employed by EASA and the CAA

responsible for certificates of airworthiness, and their relevant

qualifications, and

(d)
any other matters which the Secretary of State thinks relevant.

(5)
The Secretary of State shall publish each report produced under this

section in such manner as he thinks fit.”.’.

Aerodrome security strategy report

Dr John Pugh

Tom Brake

Withdrawn  NC9

To move the following Clause:—

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Civil Aviation Bill, continued

‘After section 40 of the Civil Aviation Act 1982 (c. 16) insert—

“40A
Aerodrome security strategy report

(1)
It shall be the duty of all aerodrome authorities to prepare an annual

security strategy report.

(2)
A report produced under subsection (1) shall include details of the

authority’s provision for—

(a)
the safe transit of passengers, baggage and cargo,

(b)
the safety of those working at the aerodrome, and

(c)
the security of the aerodrome’s land and buildings.

(3)
Aerodrome authorities shall produce a report pursuant to subsection (1)

every twelve months, following the passing of this Act.

(4)
Reports produced under this section shall be presented to the Secretary of

State.

(5)
The Secretary of State may, by regulations, prescribe the content and

form of reports produced under this section.”.’.

Bill to be reported, without amendment.