§ 35. Mr. George Robertsonasked the Lord Advocate what is his policy with regard to prosecutions for breaches of conditions of site licences issued by local authorities under the Caravan Sites and Control of Development Act 1960.
§ The Lord Advocate (Mr. Ronald King Murray)Each case is considered on its merits having regard to all the circumstances.
§ Mr. RobertsonSo that local authorities can interpret that answer, is it possible for the Lord Advocate to say what factors are taken into account in his decision to prosecute? Will he circulate the list of factors to all local authorities concerned?
§ The Lord AdvocateI sympathise with my hon. Friend's point, but if one is to consider each case on its merits one cannot start categorising circumstances. I can say, however, that one of the factors taken into account in deciding whether it is in the public interest to prosecute is the availability of sites for caravan users, including travelling people, who are completely dependent on such sites for their homes. The Birsay report dealt authoritatively with that matter. Other factors, of course, are matters such as public safety and the materiality of any breach of licence conditions.
§ Mr. BuchanIs my right hon. and learned Friend aware that the problem is not only the operation of this Act but the actual provision of sites? How do his Department and his colleagues at the Scottish Office intend to ensure that local authorities fulfil their obligation in this regard, with special reference to Scotland's travelling folk?
§ The Lord AdvocateMy hon. Friend will recall that I referred to the Birsay report, which dealt authoritatively with the matter. I agree that provision of these sites is crucial. It is not, however, my ministerial responsibility. The Secretary of State for Scotland, who is present, will have heard what my hon. Friend said.