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In our view (a) does not go far enough: (b) and (d)
go too far: and (c) is objectionable for a number of
reasons.
political
17.
Our reasons for preferring alternative
directions are as follows:
(a) It is not enough to treat CPA as a
British Airline: it (and the other applicants)
would then be faced with the virtually
insuperable difficulties of paras. 6 and 7
of the Guidance.
(b) If the CAA were directed to give CPA a
licence this would prejudge without adequate
investigation the suitability of CPA and
its detailed proposals.
(c) The CAA would no doubt resist alternative
(c) as undermining their authority and
creating a most unfortunate precedent.
In
spite of the undoubted impartiality of ATLA
it would be difficult to avoid a contrary
impression especially if CPA were successful.
(d) To disregard all the Guidance would
include for example all the provisions in
paragraphs 1, 2 and 3 of the Guidance.
Though (a) and (c) are intra vires, we think that (b)
+
and (d) are, at least arguably, directions which the
Secretary of State could not reasonably make on
information before him,
18.
It seems to us that what is required are