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Civil Aviation Bill

The Government gave notice of their intention to make these amendments to the Bill in a written statement by the Secretary of State for Transport on 21 November 2005, and wrote to Opposition spokesmen to explain their purpose. Lords amendment No. 8 inserts a new clause into the Bill, giving effect to the schedule on policing at airports inserted by amendment No. 12. The schedule amends the Aviation Security Act 1982 in relation to the policing of airports that have been designated under section 25 of the Act—Heathrow, Gatwick, Stansted, Birmingham, Manchester, Prestwick, Edinburgh, Glasgow and Aberdeen airports. Recently, it became clear that we needed to clarify the relationship between security and policing activities at designated airports. Increased clarity on that point should prevent future disputes between airport managers and the police. It has also become clear that we need to design a robust mechanism for resolving any disputes that arise. The amendments to section 26 of the Aviation Security Act 1982 will define and clarify the relationship between the activities of an airport manager and other directed parties at an airport, and policing activities. Our intention in doing so is to prevent disputes on that point and to ensure that the aerodrome manager and chief officer of police work closely together in protecting an airport. The amendments are in paragraph 3 of the schedule. Where an aerodrome has been designated under section 25 of the Aviation Security Act 1982, the manager of the aerodrome, the police authority and the chief officer of police will be required to enter into a police services agreement. The specific requirement is in new section 25B, which is inserted in the 1982 Act by paragraph 2 of the schedule. To remove any ambiguity over roles and responsibilities, the agreement should set out the level of policing services to be provided by the police, the amount to be paid for that policing by the airport manager and the facilities to be provided by him to the police. That is set out in section 25B(3).The specification of payments in the agreement may also include references to amounts paid to the police authority towards policing at the airport from sources other than the airport manager. We are thinking, for example, of Home Office grants that might be made to fund a particular initiative. The agreement will need to recognise that circumstances might change during the year. Section 25A(6) requires an agreement to include provisions that will allow it to be varied where there is a material change in circumstances. Before concluding an agreement, and to determine the appropriate level of policing services, the aerodrome manager and chief officer of police will be required to consult with the relevant stakeholders: those in receipt of directions under part 2 of the Aviation SecurityAct 1982, Customs officers and immigration officers. New section 25A provides for that consultation. Section 25A includes a delegated power for the Secretary of State to modify the consultation requirements, in subsection (4). Under new section 25A(5), the degree of parliamentary scrutiny prescribed is dependent on whether there is any controversy about such changes. I should note that new section 25A(6) was subsequently amended by the Lords on Report. That minor change for clarification, which does not alter the substance of the provisions, has been taken up in the version of the schedule that we are debating today. Where the parties—the aerodrome manager, police authority and chief officer of police—cannot reach an agreement because they disagree on a particular aspect such as the level of policing to be provided, or are in dispute over the terms, construction or operation ofan agreement, the matter will be referred for determination by an independent expert or tribunal of experts. Paragraph 4 of the schedule therefore inserts new sections 29A to 29D into the Act. Under new section 29A(1), any of the three parties is entitled to ask the Secretary of State to set up the expert determination. The expert should be an independent person appointed by the Secretary of State for the particular dispute, and agreed by the aerodrome manager on one side and the police parties on the other. If the parties cannot agree, the Secretary of State will require each side to appoint an expert and those two experts to appoint a further panel member to act as chairman. New section 29B provides for those arrangements.