HC Deb 30 June 1976 vol 914 cc368-9
3. Mr. Gourlay

asked the Secretary of State for Scotland what representations he has received regarding the control by local authorities of open-air markets; and if he will make a statement.

The Under-Secretary of State for Scotland (Mr. Frank McElhone)

Local authorities and retailers have made representations about the control of open-air markets and my right hon. Friend is considering the adequacy of the existing provisions.

Mr. Gourlay

Is the Minister aware that this is a matter of great urgency, particularly in my constituency? The working party on civic government has suggested a form of legislation that would give local authorities sufficient control, but it is not anticipated that this will be introduced until 1979. Will my hon. Friend give an assurance that the Government will look favourably on the possibility of introducing a minor Bill in the next Session to cover this point?

Mr. McElhone

I appreciate my hon. Friend's concern in this matter. He has been worried about it for some time. Planning authorities may apply to my right hon. Friend for a direction under Article 4 of the General Development Order to bring markets under full planning control. My hon. Friend's own local authority has already done this, but the problem is that market operators can appeal, and this can take a considerable time. I accept what my hon. Friend said about legislation being needed. We want to tackle the planning aspect not in a piecemeal fashion but with other improvements in civil government. We shall consider this subject for next Session, but my hon. Friend should remember that there will be tremendous pressure because of the Assembly Bill.

Mr. Alexander Wilson

Before making any concrete proposals for Government legislation on open-air markets, will my hon. Friend remember that this system of trading has been prevalent in England for a long time? Why should not Scottish consumers have the advantage of cheaper goods, just as English consumers have had for a number of years?

Mr. McElhone

I do not deny that even in Scotland we have a number of open-air markets working satisfactorily, but several local authorities and the Retail Traders' Association have complained about nuisance, noise and traffic problems. The impetus has come from the Convention of Scottish Local Authorities, and my hon. Friend the Member for Kirkcaldy (Mr. Gourlay) is asking for legislation to allow local authorities to make their own judgment on whether markets are a good idea in their areas.