HC Deb 28 June 1967 vol 749 cc513-4
50. Mr. Hector Hughes

asked the Secretary of State for Scotland if he is aware that the present law, a statute of 1870, is not sufficient to protect motor cars stationed in public city streets from damage done by cattle being driven along those streets and to provide compensation for damage so done; and if he will take steps t3 bring the laws of Scotland up to date in this respect.

Mr. Buchan

I understand that Aberdeen Corporation is at present reconsidering its local bye-laws concerning cattle-driving in the city, but my right hon. Friend is not aware that the general law on this matter requires modernisation.

Mr. Hughes

Does not my hon. Friend realise that since 1870 primitive self-propelled vehicles have developed into elegant motor cars while primitive cattle have not lost their objections to them? Will he therefore take steps to bring the law up to date?

Mr. Buchan

I have not been able to find the law of 1870, but there is a law of 1878 which refers to what my hon. and learned Friend would call "primitive footpaths". But it does not have much relevance to the problems on the street. An individual case would have to be brought on the question of damage.

Mr. Noble

In looking at this problem, will the hon. Gentleman take care not to do damage to that most useful and effective breed, the Highland cattle, which are not the primitive cattle native to Aberdeen?

Mr. Buchan

I am sure that my hon. and learned Friend the Member for Aberdeen, North (Mr. Hector Hughes) would treat them with the greatest courtesy should they visit his constituency.

Mr. C. Pannell

As a mere Sassenach, may I offer the observation that it is about time that the Scottish law was brought up to date? What is the point of the Secretary of State for Scotland, answering questions on traffic which would be far more expeditiously and efficiently dealt with by the Ministry of Transport?

Mr. Buchan

It is worth pointing out that the present problem has arisen because of the absence of a relevant provision in United Kingdom legislation. The nearest approach to it was the special Scottish Act affecting footpaths which was passed in 1878. I am sorry that my right hon. Friend has not brought the problem to the attention of some of the Ministers based further south.

Several Hon. Members rose

—

Mr. Speaker

Order. I should not have let a Sassenach in!

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