My Lords, I recognise that the amendments in this group propose to make further, explicit provisions for general and business aviation in Part 1 of the Bill. I certainly agree with my noble friend that we need a vibrant and successful GBA sector.
In debating my noble friend’s previous amendment, we discussed at length the reasons why it is not appropriate to amend Part 1 of the Bill—which covers the economic regulation of our major airports—to make explicit provisions for general and business aviation. I therefore propose that for the rest of the speech I will address just the specific effect of this group of amendments—although I will read Hansard carefully to digest fully the comments of my noble friend.
Amendments 23 and 26, in Clauses 66 and 68 respectively, look to expand the definition of “airport” and “airport operation services” to cover the arrival and departure of pilots and persons to be carried as passengers in general and business aviation aircraft. The two amendments are ultimately unnecessary. The clauses already cover persons to be carried as passengers—and, as I explained, they already extend to passengers carried by general and business aviation because of Clause 69. Finally, I believe the intention of Amendment 28 is to provide some clarity on what is meant by “user” in its new capacity of referring to users of airport operation services. My noble friend also touched on airfields. The House will recall that I covered that important issue when debating my noble friend’s previous amendment.
I return to the definition of “user”. This is understandably modelled on the definition of “user of air transport service” in Clause 67. However, regrettably, the amendment fails to provide the intended clarity. It clearly sets out the types of user in relation to airport operation services provided for general and business aviation, but does not do so for non-general and non-business aviation. It is unclear why this definition is necessary without the previous group of amendments, which were withdrawn or not moved earlier. If that group of amendments had been agreed, the failure to define “general and business aviation” would have created a risk that these amendments could have the
effect of imposing some form of duty to further the interests of all commercial airlines. As noble Lords will recall, the Government are firmly of the view that the new framework should be focused on promoting the interests of passengers and cargo owners.
Noble Lords will be aware from experience that there are circumstances that can arise where airlines’ interests conflict with those of passengers. For example, it may not be in the interests of airlines for the airport to provide adequate refreshment facilities in the terminal building, because airlines can profit from food and drinks purchased on board the aircraft. Therefore, I cannot accept these amendments, which clearly conflict with our policy aim of putting passengers and cargo owners first. That is the policy that the Bill promotes.
As with the previous group of amendments tabled by my noble friend, these amendments are unlikely to deliver the desired benefits. They will confuse the purpose of the Bill and create several unintended consequences. I therefore ask my noble friend to withdraw Amendment 23.