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Lord Brabazon of Tara: I have one brief question on Amendment No. 47, paragraphs 4 and 5. In brackets, it says, "so far as practicable", as to whether or not the money should be handed over to the person who provides the service. Why should it be impractical that

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the money should not be handed over? Perhaps the noble Lord could give a brief explanation as to the circumstances that might cause that to arise.

Baroness Hamwee: Perhaps I may ask a question on Amendment No. 46. The CAA must exercise the powers set out,


    "if it thinks it should do so".

I have noted that in this Bill and in the amendments we are using the good plain English term "thinks" instead of "considers"; "takes a view" and so forth. I do not object to that. But this is a very subjective provision. It seems to put the CAA in the position of having to take a view rather than in the objective position that if an international agreement requires it, then it should do so. In other words, it is the CAA taking a view about international agreements rather than, as one might expect, the Secretary of State saying that we need to comply with the following international agreement.

My second point on this is that I assume it is implied that if, as a country, we are having a row over the international agreement in question, the CAA can have regard to that and does not need to get on with exercising those powers regardless of the difficulty over the agreement. It would be absurd if the CAA were, by this requirement, put in the position of acting entirely separately from other international interests. I can see the need for some such clause to require the CAA to do all of this when necessary and sensible. Therefore, in principle, I do not object to the clause.

Lord Macdonald of Tradeston: In answer to the noble Lord, Lord Brabazon, as far as practicable, one would of course assume that that took account of the kind of commercial contingencies faced by every business. In this case, too, there is a particular reason for it, about which he rightly enquires. Our understanding is that we would not be able to bind Eurocontrol. I should stress that we do not expect any problems on that front. Although we would not be able to bind Eurocontrol and that is as far as it is practicable to go in a relationship with them.

On the CAA and its relationship to international agreements, the CAA has a locus in that respect because it is the regulator. However, under Clause 85 the Secretary of State can also issue directions to the CAA.

On Question, amendment agreed to.

Lord Macdonald of Tradeston moved Amendment No. 35:


    Page 46, line 5, leave out subsection (10).

On Question, amendment agreed to.

Clause 69, as amended, agreed to.

Clauses 70 to 72 agreed to.

Clause 73 [Chargeable air traffic services]:

Lord Macdonald of Tradeston moved Amendments Nos. 36 to 44:


    Page 47, line 31, leave out ("traffic").


    Page 47, line 32, leave out ("air traffic").

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    Page 47, line 34, leave out ("traffic").


    Page 47, line 35, leave out ("air traffic").


    Page 47, line 43, at end insert--


("(cc) services which are provided by the CAA in performing its air navigation functions (within the meaning of Chapter III) and for which Eurocontrol is to collect charges under the Eurocontrol agreement;").


    Page 48, line 1, after ("services") insert ("which do not fall within paragraph (cc) and").


    Page 48, line 2, leave out from ("the") to the end of line 3 and insert ("Eurocontrol agreement").


    Page 48, line 4, leave out ("traffic").


    Page 48, line 16, leave out ("traffic").

On Question, amendments agreed to.

Clause 73, as amended, agreed to.

Lord Macdonald of Tradeston moved Amendments Nos. 45 to 47:


    After Clause 73, insert the following new clause--


AMOUNTS FOR RECOVERY ETC
(".--(1) This section applies if--
(a) an amount of a charge is specified under section 69(1) in respect of a service falling within section 73(2)(cc) or (d), and
(b) under the Eurocontrol agreement Eurocontrol is to collect a charge in respect of the specification and publication of the amount of the charge and its recovery.
(2) In specifying the amount of the charge the CAA may include an amount in respect of the specification and publication of the amount of the charge and its recovery.
(3) References to an amount include references to a method of calculating an amount.").


    After Clause 73, insert the following new clause--


FURTHER DUTIES OF THE CAA
(".--(1) The CAA--
(a) must exercise its powers under section 69 if it thinks it should do so in order for international agreements to which the United Kingdom is a party to be fulfilled, and
(b) in exercising those powers must act in the manner it thinks best calculated to take account of those agreements.
(2) The CAA must exercise its powers under section 69 in relation to services falling within section 73(2)(b) if it thinks it should do so in order to enable the provider of the services to be paid for their provision.").


    After Clause 73, insert the following new clause--


SECRETARY OF STATE'S DUTIES
(".--(1) If information is given to the Secretary of State by the CAA concerning the charges the CAA would like to be paid in respect of chargeable air services which fall within section 73(2)(cc), he must (so far as practicable) ensure that the information is given to Eurocontrol.
(2) If information is given to the Secretary of State by a licence holder concerning the charges it would like to be paid in respect of chargeable air services which it provides and which fall within section 73(2)(d), he must (so far as practicable) ensure that the information is given to Eurocontrol.
(3) But subsection (2) does not apply if the CAA tells the Secretary of State that giving the information to Eurocontrol could result in the licence holder being paid charges whose calculation was in contravention of the provisions of the licence.
(4) If money is received by the government of the United Kingdom from Eurocontrol in respect of a chargeable air service falling within section 73(2)(cc) or (d), the Secretary of State must (so far as practicable) ensure that the money is paid to the person who provided the service.

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(5) If money falls to be paid by Eurocontrol in respect of a chargeable air service falling within section 73(2)(cc) or (d), the Secretary of State must (so far as practicable) ensure that the money falls to be paid by Eurocontrol to the person who provided the service.
(6) The reference to money being received by the government of the United Kingdom is to money being received by a person on behalf of that government.").

On Question, amendments agreed to.

Clauses 74 to 76 agreed to.

Clause 77 [Interpretation]:

Lord Macdonald of Tradeston moved Amendments Nos. 48 and 49:


    Page 50, line 41, at end insert--


("( ) The Eurocontrol agreement is the multilateral agreement relating to route charges signed at Brussels on 12 February 1981 or any agreement replacing it.").


    Page 50, line 45, at end insert--


("( ) "Licence holder" has the meaning given by section 37.").

On question, amendments agreed to.

Clause 77, as amended, agreed to.

Clauses 78 to 89 agreed to.

Schedule 8 agreed to.

Clauses 90 to 94 agreed to.

Schedule 9 [Air traffic: information]:

Lord McIntosh of Haringey moved Amendment No. 50:


    Page 200, line 7, at end insert--


("( ) for the purpose of facilitating the performance of any function of the European Commission in respect of Community law about competition;").

The noble Lord said: I wish to speak also to Amendments Nos. 51, 52 and 53. Schedule 9 prohibits the disclosure of information gained under this part of the Bill, except with the consent of the person to whom it relates or where otherwise permitted. The schedule goes on to list a whole series of purposes for which disclosure could be permitted. This group of government amendments has been requested by the Competition Commission to ensure that an inability to disclose air traffic information obtained under Part I of the Bill does not frustrate either its functions or those of the Independent Television Commission under the Broadcasting Act 1990 or those of the European Commission in respect of Community competition law.

Paragraph 3(1)(b) of Schedule 9 allows the bodies listed in paragraph 3(2) to disclose information obtained under the Bill while carrying out their functions under the enactments listed in paragraph 3(3).

The first amendment will provide for disclosure for the purposes of facilitating the functions of the European Commission under European Community competition law. The fourth amendment provides for disclosure for the purpose of facilitating the carrying out of the functions of a body listed in paragraph 3(2) of Schedule 9 under the Competition Law Enforcement Regulations 1996. The remaining amendments would allow the Competition Commission and the ITC to

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carry out their functions without being frustrated by an inability to disclose information under the Bill. I beg to move.

On Question, amendment agreed to.

4.30 p.m.

Lord McIntosh of Haringey moved Amendments Nos. 51 to 53:


    Page 200, line 25, at end insert--


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