Why would they need controlled airspace? It's class "G" and see and avoid. They saw, they avoided, where is the problem? Thomsonfly knew the rules when they made their risk assessment before they started flying there did they not? So, if it was not a problem then why should it be now? One of the bigger flying organisations did ask for a meeting with the Thomsonfly Chief pilot to explain fully the situation at the start of their operations, but for what ever reason this did not happen. The approach to 23 cuts straight across a busy VFR route between EMA and BHX so look left, look right and look left again before crossing and carry enough fuel for a couple of approaches. If you try to fly a 737 through a busy bit of sky like this you should not expect to go straight in every time and to think otherwise would be foolish. Not all light aircraft have radios. Remember the radar controller is supposed to keep the 737 at least 5nm from any unidentified traffic and if it got closer than that someone in the radar room is not sticking to the rules unless the crew went "visual" in which case it is their choice and they have to provide their own separation ! May sound harsh but that is the way it is.