Open skies policy would negate air licensing need

Saturday 4th September 2004, 12:00AM BST.

MOVES towards open skies over Guernsey should be advanced early next year. The States is likely to have the choice between open skies or a new independent body to regulate air route licensing.

The Commerce and Employment Department is examining the issue.

The States has had the matter on the agenda since May 2003, when it bought Aurigny to secure the Gatwick service.

The Transport Board previously carried out the licensing role. Last month, for the first time, it was done by the department.

But there is pressure for the States to distance itself from route licensing, particularly in cases involving Aurigny.

‘Both the department and the Policy Council recognise that the question of whether air route licensing should be undertaken directly by the States is secondary to the prime question as to whether the island should adopt an open skies policy,’ said department chief officer Nigel Lewis.

‘Should such a policy be adopted, then the question of an air transport licensing board and how it might be constituted becomes irrelevant.

‘The department now believes it is in a position to address the wider strategic issue of open skies and work has begun on this task.’

Chief Minister Laurie Morgan said that work was set to start.

‘It’s on the agenda for discussion by the council over the next few weeks and we will go to the States with recommendations. It’s certainly high on the agenda and has to be dealt with,’ said Chief Minister Morgan.

Airlines competing with Aurigny on local routes are keen to see the licensing system changed.

‘The situation with the States of Guernsey as regulator of air services and the owner of an individual airline involved in the objection to a licence application by another airline surely has to give rise to major concerns and open itself up to criticisms of conflicts of interest,’ said Flybe general manager market development Ian Taylor.

He was frustrated by the lack of progress made on a review, which was directed by a successful amendment from Deputy John Gollop in the Aurigny debate.

‘We are a year down the line and whilst we appreciate the changes to the machinery of government of Guernsey, I would have thought the government would want to be seen as independent in these issues.’

Flybe backs open skies for Guernsey.

‘If Guernsey adopted an open skies policy, there would be no need for an independent panel which adds further to government costs. Guernsey has to make that decision but it would streamline and encourage potential operators to look at Guernsey as a place to put services.’

An Aurigny spokesman said: ‘We believe that Commerce and Employment is an independent panel, which is why it can reach an objective conclusion for or against Aurigny, based on the arguments put forward, and satisfies the requirements of the Human Rights Law and natural justice. We therefore have no qualms because we believe the panel to be independent.

‘There is, then, no legal reason why the department should treat the representations of Aurigny in any way differently from any other air carrier.

‘The ownership structure should not be an influencing factor in determining the department’s decisions with regard to these applications and our relevant representations.’

Aurigny managing director Malcolm Hart told last week’s Guernsey-Alderney route licence hearing that the airline was being run exactly the same under States ownership as before.


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