HC Deb 20 June 1984 vol 62 c342

Motion made and Question proposed, That the clause stand part of the Bill.

Mr. Maxton

Is this clause necessary now in view of the amendments that the Committee has just accepted? Are we now dealing with a supernumerary clause? This clause deals with emergencies but, as I understand it, those emergencies are subsumed by clause 13 as amended. Therefore, would it not be better if the Minister were to say that on Report he will table an amendment to remove the clause from the Bill? I object to the inclusion in Bills of clauses that are no longer necessary.

Mr. Allan Stewart

As my hon. Friend the Member for Stirling (Mr. Forsyth) pointed out in the earlier debate, clause 14 refers to emergency work on private roads. The amendments tabled by my hon. Friend did not apply to emergency work but gave local authorities a discretion to contribute to the maintenance of certain private roads. This clause, which is related specifically to emergency work, is still necessary. It codifies the existing section 135 of the Burgh Police (Scotland) Act 1892. Despite my hon. Friend's amendments, I have to advise the hon. Member for Glasgow, Cathcart (Mr. Maxton) that the clause is necessary, although I appreciate the point that he has made.

6.45 pm
Mr. Craigen

I should like to confirm that this clause deals with enabling powers that already exist. The purpose of the clause is codification.

I want to ask a question to which the Minister may not have the answer off the top of his head but no doubt it has been discussed, bearing in mind the lengthy discussions that preceded the Bill. How much is it costing roads authorities in Scotland to become involved in emergency work on private roads?

Mr. Allan Stewart

I do not have the figure and I am not certain that it exists. If it exists, I shall let the hon. Member have it.

Question put and agreed to.

Clause 14 ordered to stand part of the Bill.

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