---

Civil Aviation Bill

I am grateful to the noble Lord for the way in which he moved his amendment. Section 78 does not provide for aerodromes to impose financial penalties on aircraft operators for breach of noise requirements set out under that section. The only sanction that has been available is to withhold entirely airport facilities from that operator, but that is a draconian penalty that has never been used. The clause inserts into the 1982 Act new Sections 78A and 78B. The noble Lord asks why the scheme is discretionary. Well, I can tell the Committee who is the best person to inform him why that is necessary—that is, his noble friend sitting right alongside him, the noble Earl, Lord Mar and Kellie. The noble Earl will know that non-designated airports are in places such as Barra. Are we proposing to make the scheme mandatory on Barra? We are not—and that is why the scheme is discretionary and not compulsory.