Mrs Anne McIntosh (Shadow Minister, Environment & Transport; Vale of York, Conservative)

Clearly, the Minister will explain the implications for civil aviation regulations. I am mindful of the fact that civil aviation space, which will be particularly affected, is heavily congested on the east coast and will be shared with Ministry of Defence airspace. Most of the near misses in this part of the country relate to the east coast of England.

It would be helpful to know in which circumstances civil aviation regulations will pertain. Will the Civil Aviation Authority be the relevant authority? It appears that the CAA is enabled to regulate aircraft. I would be interested to know in what circumstances the CAA would be requested to apply for regulations under clause 104. Bearing in mind the fact that, presumably, oil rigs and nuclear power installations are particularly under threat from—dare one say it—an 11 September-style attack, does the Department envisage consequences for the safety of our shipping, which is proving particularly vulnerable in relation to the oil supply situation in the middle east, should such

an installation be subjected to an attack from the air? Will the Minister explain the background to the drafting of clause 104?

Mr Nigel Griffiths (Parliamentary Under-Secretary, Department of Trade and Industry; Edinburgh South, Labour)

I am happy to do that. The effect of the clause is to enable the CAA to regulate aircraft in the neighbourhood of an installation in a renewable energy zone. It also covers the lighting of such an installation.

Wind turbines are tall structures and they pose a potential threat to low-flying aircraft. It is therefore important that the CAA has the powers to regulate both the lighting of such installations and the aircraft that fly in their vicinity. The CAA already has such powers under the Civil Aviation Act 1982 in respect of installations in territorial waters. Clause 104 gives it the equivalent powers in respect of installations in the renewable energy zone and aircraft flying in their vicinity. The CAA charts are updated at regular intervals; it is a legal requirement for pilots to carry an up-to-date chart at all times to avoid risks when flying. The clause gives effect to what is a long-standing safety procedure in the UK, which has given us one of the best safety records in civil aviation.

Question put and agreed to.

Clause 104 ordered to stand part of the Bill.