Volcanic ash - A legal absurdity. God knows.

Once upon a time there were three legal guidelines aimed to lead the way to simple decisions on questions of legal liability.

The first was that sometimes accidents for which nobody is to blame really do happen.

The second was that people should be free of liability for anything over which they had absolutely no control.

The third was that liability should not exist or at most be low if the act or omission complained of formed only a reasonable risk of which the sufferer was aware and willingly accepted by virtue of taking part in the activity concerned.

As time went on increasing numbers of the human race grew to feel that whatever happened to them someone else was responsible. It wasn't a big step from that to also believe that the someone should pay. Initially this was sidestepped and coped with by introducing the notion that the blameless event or accident was an Act of God. This was unfair. To many the appeal of God is that he (or she? why not?) is meant to be benign although there are those of course who prefer to portray him/her as a purveyor of fire and brimstone as a better way of getting folk to toe the line and behave themselves. Did anyone ask God whether he/she was OK with being the villain of last resort?

As it turns out God has not proved to be good at turning up in court and shelling out cash to the outstretched palms of "no win, no fee" personal liability lawyers and other righteous upholders of the "Where there's blame" - and there always must be,- "there's a claim " culture. One can imagine him/her, upon receiving yet another verdict of "Act of God" and another invitation to cough up, rolling their eyes and muttering something sounding like " Clucking Bell,-whatever next. What part of Love thy Neighbour don't they get?".

As result of continued non appearances by the declared guilty party the earthly,- though one wonders,-authorities of the UK and EU have decided that when volcanos periodically spew out ash,- and fire and brimstone even,- thereby stranding booked would-be travellers, it is the airlines who are to blame. No arguing. Without a doubt to blame and they should therefore pay up not just by refunding fares which is reasonable enough ,but to the extent of keeping those affected housed, watered and fed until such time as they can proceed on their way. In extreme cases this could be quite a while and possibly caused or extended by the same legislating governments' failure to really understand what they are dealing with and resorting to their innate default mode of covering their potentially exposed rear ends.

It was obvious from last year's airline industry losses of nearly £2 billion during and as result of UK and EU government's lengthy closure of airspace while the Icelandic volcano did its thing that something needed to be changed. It hasn't been. Under EU law airlines cancelling or delaying flights beyond 5 hours continue to be liable to to stranded passengers remains. This liability includes:
-Provision of food and accomodation until such time as they can be carried to booked destination.
-Reimbursement of reasonable costs if the passengers have found their own hotels and/or alternative transport home.

The airlines neither have anything to do with volcanos deciding to erupt nor governments' decisions on whether or not they can operate. This year the governments have tried to fudge the last bit by theoretically leaving it up to the airlines as to whether they decide to operate or not in the new "red" or "blue" zones. This cleverly transfers liability to them for the decision of whether or not to fly. Clever one, but it still totally ignores the fact that disruption and costs to people caused by what were formerly acts of the Almighty should not, as result of said party not showing and stumping up in court, be transferred to a totally innocent alternative,-the airlines. It is absurd that they should be liable. There are plenty of insurance companies around to do what insurers are meant to do,- take on the risk in return for the payment of a commensurate fee by the transport user. "Come on people", one can hear from above "Just do something for yourselves for once." Almost incredibly he/she and Michael O'Leary are singing from the same hymnsheet here. That really is an act of God.