Doncaster Sheffield Airport: Labour MPs in legal bid to force Government to intervene

Doncaster North MP Ed Miliband and Doncaster Central MP Dame Rosie Winterton have said the power to save the closure threatened airport now rests with the Government, with Prime Minister Liz Truss repeatedly saying she would help secure its future.

The pair have written to Transport Secretary Anne-Marie Trevelyan urging her to step in.

In a statement, they said: "We are today sending to the Transport Secretary legal advice which we have received which makes clear that the Secretary of State has the power to intervene to save Doncaster Sheffield Airport.

"It is now urgent that she takes these powers to protect the emergency and national security services which run from the Airport. This would allow talks, already underway, to continue so that another operator can be found and passenger and cargo services can be resumed, alongside the services vital to the national interest.

"If the Secretary of State does not take this action it would be flying in the face of the Prime Minister's commitment to, "protect this airport and protect the vital infrastructure and connectivity to help our economy grow."

"We must work together, across parties, to keep the airport open, but that requires national government to step up. They must do so as a matter of urgency."

The pair have included the legal opinion of Baron Falconer of Thoroton, former Lord Chancellor and Solicitor General, and co-sponsor of the Civil Contingencies Act 2004 which allows the Government to step in to save essential businesses and services.

He said: “It is my opinion that under the Civil Contingencies Act 2004, the Transport Secretary has clear legal authority to intervene to prevent the closure of Doncaster Airport on October 31 due to the disruption of essential services run from the airport.

"It is matter of her political judgement whether she wants to intervene but I am in no doubt she has the power to do so.

“DSA is the base airport for the National Police Air Service. This is a fixed wing aircraft fleet which provides overland search and rescue operations, the pursuit of criminals, overwatch for large gatherings such as protests, sports matches, and huge national events such as summits.

"They serve the entirety of the nation and have a 25 year lease from DSA. Lives have and will continue to depend on them.

“DSA is also the base for the fixed wing element of the UK’s life-saving Search and Rescue, which operates 24/7, 365 days a year, with 6 aircraft who can take off on 45 minutes notice. Again lives depend on them.

“The Maritime and Coastguard agency also have aircraft on call at DSA for the UK Border Force, and the Joint Maritime Centre. The Agency cover life saving ops from DSA by way of example in the Channel and are better suited for this work in inclement weather than helicopters.

“Two Boeing 727s operate out of DSA to deal with oil spill dispersant work throughout the whole world, and can mobilise with 4 hours’ notice.

“DSA is a core partner in the South Yorkshire Civil Contingency Resilience Forum, and has frequently played a vital role in national and international emergencies. It was the national divert airport for Wuhan refugees, it was critical in the in-flow of PPE during the pandemic, and its Airport Fire Service was engaged in the recent heatwave fire incidents.

“All of these services, which are vital for life and health in the UK (and in some cases in other parts of the world) have to relocate by 31/10/22.

“The shortness of the period before closure means for many, if not all, of these services an interruption of their life saving services, and for some of them potentially a permanent reduction in quality.

"No doubt some of them will find alternative bases. How good they are and when remains to be seen. In this truncated timetable, in breach of the lease, there is the potential for disruption to these life-saving services.

“Unless something is done before the 31 st October 2022 the services will be interrupted or disrupted.

“That is urgent.

“The Secretary of State can make Orders to ensure those services can continue, in order to address the emergency.

“She should do this in a way which imposes the minimum burden on the owner whilst continuing the life saving services. She could do this by making an order, as she has power to do, requiring the owners of the DSA to maintain airport facilities for the relevant services, to a standard sufficient to maintain the CAA license for DSA, and for such period, which should initially be for 6 months, as will allow the services to find alternative bases which will not lead to disruption or interruption.

“As I understand it, the Local Authorities are doing their best to find a new owner for the airport by agreement with owners Peel, but only the Secretary of State has the power to make the order to keep the services running from DSA. She is incorrect therefore to say this is simply a matter for the local authority and the owners.

“She has the power to immediately convene the relevant parties to find a solution urgently to keep these services running. If it cannot be done by agreement she could exercise her powers to deal with the emergency which has arisen. As a matter of law, there is no-one else who has such powers.”