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Civil Aviation Bill

My Lords, I understand that, but I do not think that the British public necessarily look at the question of travel in quite these specific terms. My noble friend Lord Brooke identified that Heathrow night flights are largely business flights. In fact, the major night flights at Stansted are not leisure flights and those at Gatwick are freight. In both cases we are talking about economic considerations and not just, as the noble Lord, Lord Bradshaw, seemed to indicate, travellers bent on pleasure—and, in any case, their interests need to be taken into account. I want to emphasise that the Government are not about the business of changing the basis on which they carried out the consultation on night flights and the development of the legislation. I think it was suggested at one stage that there is nothing in the Bill of any advantage. The Bill is needed—and my noble friend Lord Berkeley wondered why we were legislating now—because, for the benefit of the nation, we need to increase the capacity for regulation on air travel. We need a Bill at this point to take account of what we all recognise is a rapidly changing situation. I emphasise to the House that we have listened to the representations in Committee. I cannot speak in very precise terms to my subsequent amendment without being out of order, but the House will recognise that the Government do not intend to operate these fresh provisions until 2012. That will be the burden of an amendment that I hope will commend itself to the House in due course. It is not fair for the House to suggest that the Government are not acting in good faith with regard to what we recognise is a very important issue. Of course I understand the anxiety expressed in all parts of the House about the problems for local residents, but a limit on movements alone would be a very blunt instrument of regulation. It certainly would not control the amount of noise at night, nor could it influence the types of aircraft used at night. The louder an individual aircraft is, on the whole the greater the likelihood is that it will disturb people. I know the other calculations—the frequency of the aircraft and how long they are above the area where the noise imprint is made. But noise quotas are set alongside the present movement limits to drive the use of the quietest aircraft available. Part of the Bill’s purpose is to create this essential structure so that we are able to balance the needs of those requiring air travel against people who are entitled to a good night’s sleep, free from disturbance on the ground. Setting a night restrictions regime by reference to noise alone could lead to an immense increase in the number of flights permitted, depending on how that limit was set. Equally, it could be open to the Secretary of State to use the powers available under Section 78 to set movement limits a great deal higher than their current level. In either case, the bone of contention would not be the powers themselves, but how Ministers used them. Of course it would be possible to apply for judicial review on how these powers had been exercised by Ministers. The Government intend to maintain strict controls on night flying and to set those controls by both limiting aircraft movements and a noise quota until such time as a different method is more appropriate. We have no view at this stage on how the criteria could readily be improved. I have previously suggested that it would be possible to make an effective night regime which controlled noise by a noise quota alone. The quota would be set at such a level that the quietest planes available must be used to enable the number of night flights to remain the same as previously. Noise quotas can be an effective limiting factor because, in themselves, they set a ceiling on the number of flights. As the noble Baroness emphasised in debating the previous amendment, they also provide an incentive for airlines to use the quietest aircraft available. One argument that stakeholders have made in favour of movements limits and against setting night restrictions by reference to overall noise caused is the idea that it is each individual incident of an aircraft flying overhead that disturbs someone, rather than the cumulative noise over a period of time. Our research suggests that reaction to noise is subjective. It varies greatly. Despite extensive research, there are still differing views among both those who suffer noise and the scientific community about whether a single loud noise event or the accumulation of smaller noise events creates a greater disturbance. Research has suggested that the incidence of sleep disturbance is especially associated with the loudest noise events—in particular, those that produce more than 90 decibels. The night noise criteria that we have proposed as part of the consultation—which we are honouring—on night-flying restrictions at Heathrow, Gatwick and Stansted airports relates to the 90 decibel footprint of the noisiest aircraft currently operating at each airport. Such noise insulation is intended to mitigate the impact of each flight, as do the noise quota limits, by encouraging the use of quieter aircraft. I digress from the question of noise because I want the House to recognise, as I am sure that every noble Lord does, that this is a complex and difficult area in which to regulate. The idea that it is easy to impose a blanket ban without severe consequences for both those who wish to travel and, if I may say so, the economic contribution made by the whole industry of airlines and airports to our economy is wrong. We cannot take the matter lightly. I seek to demonstrate that the Government take a balanced approach to controlling and mitigating the noise impacts of night flying at Heathrow, Gatwick and Stansted. We do not seek to use the flexible powers immediately, nor do we believe that any future government would use them unreasonably when they are brought into force in due course. If they used them unreasonably, the Government, through the Secretary of State, would be subject to legal challenge. However, the Government remain convinced that it is right to amend current legislation in this way. We are doing so after and in line with full consultation. The consultation involved all those interests identified today as necessary to the consideration of the issues. Once again, I emphasise that there is no intention on the part of the Government to introduce any fresh regulation before 2012, but that is the subject of a later amendment. I hope that the noble Lord will feel able to withdraw his amendment.