TRUNK ROADS (Hansard, 20 June 1984)

§ Mr. Allan Stewart
I beg to move amendment No. 24, in page 6, line 22, leave out 'this section to direct that a road shall become a trunk road' and insert 'subsection (2)(a) above'.

§ The First Deputy Chairman of Ways and Means (Mr. Ernest Armstrong
With this it will convenient to take the following Government amendments: Nos. 25 to 27, 34 to 44, 46 to 49, 76 to 85, 89, 92, 95 to 100, 102, 104 to 116, 130 to 132, 139, 142, 145, 154, 156, 158, 166, 167, 189, 190, 190A, 192, 193, 195 to 197, 211, 213, 215, 218 to 223, 228.

§ Mr. Stewart
Amendment No. 24 and the amendments associated with it have a single purpose, which is to extend certain provisions in the Bill to "proposed roads", which are roads being planned or constructed, but not yet open to traffic, so they are not "roads" as defined in clause 144.
The term "proposed road" is not new; indeed, it is used in the Roads (Scotland) Act 1970. However, it has not proved possible to incorporate it into the definition of "road" in clause 144 because it would have unfortunate consequences in several of the Bill's clauses. For example, it is inappropriate that there should be a power to stop up a proposed road when no right of passage exists, or to say that the offence of camping on a road should apply just because there is an imaginary line running across a field. There is a large number of amendments in the group, but they all have that single and simple purpose.

§ Mr. Allan Stewart
I beg to move amendment No. 28, in page 6, line 28, at beginning insert 'subject to subsection (7) (i) below,'.

The First Deputy Chairman
With this it will be convenient to take the following Government amendments: Nos. 29 to 33, 208 and 209.

§ Mr. Stewart
These are technical and drafting amendments.

§ Mr. Home Robertson
I hope that the House will be patient while I make a brief constituency point about clause 5(8). The Minister's Department is currently constructing a section of new trunk roads in my constituency—the Tranent and Musselburgh bypass. The 335 development is wholeheartedly welcomed in the neighbourhood and by people who travel on the Al road to the east of Edinburgh.
However, there has been a problem about pedestrian access. Some communities will be cut off by the new road. I refer in particular to the village of Wallyford, directly south of Musselburgh, which will be cut off from the neighbouring countryside by the new dual carriageway of the Al trunk road that is now under construction.
The East Lothian district council and the local district councillor for the Wallyford area have raised the issue. I understand that there have been discussions with the Minister's Department on the matter. While the new dual carriageway is being constructed, there is a manifest need for footpaths and cycleways to be provided to maintain existing access for the people of the area. I gather that under subsection (8) the Secretary of State will have powers and duties to provide necessary underpasses, footbridges, cycleways, footpaths and so on. We anticipate problems in my constituency. I hope that, under the terms of the clause, they will be solved. If the Minister can say anything about my constituency point, I shall be eternally grateful to him.

§ Mr. Allan Stewart
I have noted what the hon. Gentleman said about his constituency problem. I hope that he will accept that the Under-Secretary, my hon. Friend the Member for Edinburgh, South (Mr. Ancram), will look into the matter and write to him on the present position.