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Civil Aviation Bill

My Lords, I was about to emphasise that it is not the legislation that counts but the policy decision in the exercise of the existing legal powers which determine the effect of the restrictions on the ground. The provisions in Clause 2 would do absolutely nothing to increase night-flying limits or to make the night noise around airports worse. We believe that they would prove useful in the future in allowing limits to be set in different ways and not only on aircraft movements, but if the policy choice was a continuation of current policy, then they could be. Amendment No. 11 changes the commencement provisions and prevents the relevant changes in the existing legislation being brought into force before June 2012. This has given additional legal force to the commitment that I already mentioned. In other words, we have said that there will be no change to our policy of setting night-time limits on both aircraft movements and noise quotas at each airport before 2012. Amendment No. 11A, which has been offered in lieu, will correct the numbering of the provisions in Clause 2, which cannot be commenced before June 2012. Therefore, Amendment No. 11A gives effect to the commitment that the Government announced two months ago. The Government seek to continue a balanced approach to controlling and mitigating the noise impacts of night flying at Heathrow, Gatwick and Stansted. We are not seeking more flexible powers to use immediately, but we believe that it is right to ensure that they will be available if and when needed. Nor do we believe that any future Government would use them unreasonably. If they did, they would be subject to legal challenge. The Government remain convinced that Clause 2 is the correct way to move forward. The way forward is not to increase night movements and night traffic. It is to create flexibility in the necessary controls. The number of movements is too blunt an instrument in an age of rapid technological change. On that basis, I commend Motion B to the House. Moved, That this House do not insist on its Amendments Nos. 5 and 11 and do agree to Amendment No. 11A proposed by the Commons in lieu.—(Lord Davies of Oldham.)