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Civil Aviation Bill

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 5C to Lords Amendment No. 5. I am sure that, by now, the House will be aware that Section 78 of the Civil Aviation Act 1982 enables the Secretary of State to take steps to limit or mitigate the effects of noise and vibration connected with the taking off or landing of aircraft at designated airports. He is not required to set any operating restrictions at night or at any other time but, if restrictions are set, they must be in the form of a numerical limit on movements by aircraft of the types that it is intended to restrict. In our White Paper, The Future of Air Transport, which followed extensive consultation on our longstanding aircraft noise powers, we said that we would amend the 1982 Act so that operating restrictions might in future be set on a different basis—for example, one more directly related to the noise nuisance caused. Subsections (2) to (4) of the clause as originally drafted would have allowed a future Secretary of State to impose restrictions that limited cumulative amounts of noise caused by an aircraft using a designated airport. The provisions would not have prevented movement limits being set but Ministers could have chosen to set alternative restrictions—for example, noise quotas or a limiting noise contour area. Those might have provided a more effective incentive for the use of quieter aircraft. In bringing forward these provisions, it was never our intention to prevent future Governments setting stringent controls on night flying at these airports. We have not sought to relax the restrictions. Any suggestion that we have should be considered in the context of our announcement on 6 June this year on night flights at Heathrow, Gatwick and Stansted. That announcement did not provide for any slackening of current limits; it tightened a number of controls, and that demonstrates our commitment to the effective management of noise impacts. The restrictions regime which comes into effect on 29 October—this coming weekend—will run until October 2012. It has been set using the current legislative framework; that is, the Secretary of State’s powers under Section 78 of the 1982 Act. Nor would we seek to interrupt that regime before 2012 to impose different forms of restriction. Night flying restrictions are put in place for a number of years to allow the industry to plan fleets and scheduling, and to give local stakeholders some certainty. Interrupting a regime would not be sensible or constructive. The value of movement limits to residents round the designated airports and the sense of certainty they are given is clear. Moreover, movement limits would have been a fundamental part of the next night flying regime, regardless of whether the Bill received Royal Assent before the new restrictions were set. There have been advances in technology since the 1982 Act was passed, and a movements limit alone would be a pretty blunt instrument as that would not directly influence the types of aircraft used at night or control the amount of noise permitted. That is why noise quotas are set alongside the movement limits at present, as a secondary control to drive the use of the quietest aircraft available. I am disappointed that the Government’s arguments in favour of amending the Act were not accepted. However, in the interests of moving forward with the many other worthwhile provisions in the Bill, the other place has now proposed an amendment that would remove subsections (2) to (4) of the clause as originally drafted. This means that the relevant provisions of the 1982 Act will, as at present, say unambiguously that any future restrictions will have to be set by limiting the number of aircraft movements as they are now. By tabling the amendment, we accept that this is not the right time to make a change to the legislation. However, the Government still think that there would be merit in giving the Secretary of State a more flexible power to set such restrictions. That would be possible only if a new legislative opportunity arose. As yet, no such opportunity is apparent. I am therefore clearly signalling to the House that we have nothing in the offing in that respect. The Government seek to continue a balanced approach to controlling and mitigating the noise impacts of night flying at Heathrow, Gatwick and Stansted. We have now delivered our commitment to maintain strict controls on night flying and to set those controls by limiting both aircraft movements and noise quota until at least 2012, as stated in the decision announced on 6 June. We remain of the view that it would be sensible for the Secretary of State to have more flexible powers to control aircraft noise at designated airports but accept that this Bill is not the vehicle for that. Accordingly, I beg to move. Moved, That the House do agree with the Commons in their Amendment No. 5C to Lords Amendment No. 5—(Lord Davies of Oldham.)