§ Where a highway authority diverts surface water on to agricultural land it shall be the duty of the authority to connect that water to the field drainage system if one is available.'.—[Sir Hector Monro.]
§ Brought up, and read the First time.
§ Sir Hector MonroI beg to move, That the clause be read a Second time.
I am looking forward to a grand slam finish and a hat-trick of acceptances by my hon. Friend the Minister.
This is an important new clause, because at present the highway authority can divert surface water from any road and willy nilly put it in the adjacent field. That is completely unsatisfactory and is weighted against agricultural interests. As my hon. Friend the Minister stands up for small businesses and free enterprise, he will wish to support the farmers against the bureaucratic attitudes of the highway authorities.
427 Where there is a perfectly adequate field drainage system, the highway authority should be obliged to pipe surface water, by fire clay pipe or by field tiles, into the field drainage system for the benefit of the field and to get rid of the surface water quickly. My hon. Friend will see the absolute justice in the new clause, and I am sure that he will have no problem in accepting it.
§ Mr. Allan StewartI appreciate the concern that my hon. Friend the Member for Dumfries (Sir H. Monro) has expressed on behalf of the farming community, but I assure him that the existing provisions of the Bill ensure that the interests of the owners and occupiers of land affected by road drainage works are taken fully into account.
Before exercising their powers under clause 30 to construct drains or divert surface water into existing drains, the roads authorities are required to serve notice on the owner and the occupier of the land affected. If they object to the proposed works within 28 days of being notified, and do not subsequently withdraw their objections, the Secretary of State must consider the objections before he either proceeds with the works, if it is one of his roads, or gives consent. In some circumstances, compensation may be payable to the owner or occupier of the land for any damage sustained.
Connection to field drains is often not the best solution for disposing of surface water from a road, since they are likely to have a limited capacity and could soon back up, with the result that the field would become waterlogged. On major road schemes the general practice is to provide a network of drains which discharge into a natural watercourse which has the capacity to cope.
I am happy to assure my hon. Friend that, in relation to trunk road improvements, the Scottish Development Department will continue to do its best to get rid of surface water without creating problems for farmers. The safeguards in clause 30, to which I have referred, should ensure that local authority schemes are sensitively designed.
In the light of those remarks, and especially under clause 30, I hope that my hon. Friend will withdraw the new clause.
§ Sir Hector MonroMy hon. Friend implied that clause 30 would cover this, but surely it relates only to new discharges. I am considering the 1,000,001 discharges that have been around for a long time, even at the expense of waterlogging fields. I hope that my hon. Friend can assure me that the clause applies to all water discharges, whether existing or in the future.
§ Mr. Allan StewartClause 30 applies to new discharges, but I shall check and write to my hon. Friend.
§ Sir Hector MonroAt least until Report, I beg to ask leave to withdraw the motion.
§ Motion and clause, by leave, withdrawn.