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Civil Aviation Bill

My Lords, the Government certainly take pride in the initiative that they are taking internationally. As the whole House will recognise, there is a limit to what UK legislation can achieve regarding travel that is intrinsically international. As I mentioned in our previous debate, our major airports are in competition not only with each other but with airports in Europe. International action is what is required, and I am glad to take the point that my noble friend has made. It will be for a future Secretary of State to consider any changes to the basis on which night-flying restrictions are set after October 2012 and, in doing so, to choose to make use of the more flexible provisions that we are seeking to bring in. Any changes that we propose as a result will of course be subject to the fullest public consultation, and the eventual decisions on both the structure of the regime and the actual limit set will need to win public support and be reasonable. There is nothing in the current legislative powers, which Amendment No. 5 seeks to preserve, to prevent a future Secretary of State setting movement limits as high as he pleases or even deciding not to use these powers at all. So any suggestion that Amendment No. 5 offers some defence guarantee that goes beyond what the Government are offering at the moment is a misconception.