HL Deb 17 June 1975 vol 361 cc867-9

7.25 p.m.

Lord DONALDSON of KINGSBRIDGE rose to move, That the Draft Roads (Northern Ireland) Order 1975, laid before the House on 13th May, be approved. The noble Lord said: My Lords, this Order is intended to remedy deficiencies in existing Northern Ireland roads legislation. Its main object is to estabish procedures under which statutory authorisation may be obtained by subordinate order for the construction of bridges over or tunnels under navigable waters, and for the extinguishment of certain public rights over the foreshore and navigable waters where it is deemed necessary or desirable to do so for roads purposes. The Order also restores the power to abandon unnecessary roads, which was inadvertently revoked in legislation at the time of the reorganisation of local government in Northern Ireland.

Articles 3, 4, 5 and 7 of the Order and its Schedule follow as closely as possible the equivalent Great Britain legislation. Articles 3 and 4 deal with procedures for the making of orders authorising any interference with public rights of navigation necessarily caused by the construction of brides or tunnels, or by the diversion of navigable watercourses in connection with road schemes. It is clearly desirable that the Department should have the same powers as are available in Great Britain, and this Order provides those powers. Articles 3 and 4 also permit the inclusion of those powers in an order dealing with other aspects of the road scheme, so as to avoid unnecessary duplication of subordinate orders.

In Article 5 there are certain procedural requirements, including important safeguards for navigation in that reasonable requirements must receive careful consideration before an order is made. Indeed, should a formal objection be made by a body responsible for navigation, pilotage or fisheries, the Schedule requires that a local inquiry be held before the matter is determined. Article 5 also contains additional compensation powers for certain circumstances where the existing compensation entitlements do not apply.

I now turn to Article 6. This Article introduces powers which are not available in Great Britain but which are nevertheless essential to allow interference with, or extinguishment of, any public right which exists over a part of the foreshore or over a specified part of navigable waters. However, should a relevant statutory body lodge an objection, the Schedule requires, as with Articles 3 and 4, that a local inquiry be held before the matter is determined.

The supplementary provisions in Article 7 include the requirement that any order made under this Order must be laid before the Assembly and be subject to Negative Resolution of that body. Article 8 of the Order restores the power, inadvertently removed at the time of reorganisation of local government in Northern Ireland, to abandon unnecessary lengths of classified road. Finally, the Schedule sets out the procedures to be followed where an Order is proposed to be made under Articles 3, 4 or 6, and lays down the detailed requirements of publicity, of right of objection and of local inquiry. It also enables the Northern Ireland Department of Environment to make an order with or without modification after consideration of any objections and the report of the inspector if there had been a local inquiry.

My Lords, this Order is an important addition to Northern Ireland roads legislation in that it enables necessary projects to be authorised, and at the same time gives a formal basis for the protection of affected interests. I may add that the Draft Order has received the consent of the Department of Trade regarding its reference to navigation, and of the Crown Estates Commissioners regarding the foreshore. I beg to move that the Order be approved.

Moved, That the Draft Roads (Northern Ireland) Order 1975 laid before the House on 13th May, be approved.—(Lord Donaldson of Kingsbridge.)

7.29 p.m.

Lord BELSTEAD

My Lords, may I just say a word or two on these Orders. I have been following what the noble Lord has said, and these are obviously improvements to existing legislation. However, I remember very well the occasion in one of the border towns in Northern Ireland when, on security grounds, local people—this did not come from the local authority—very much wanted to stop up one of the roads. Tragically, bombs had been hurled in this particular town; and they have been hurled again in this town while the noble Lord has been serving in Northern Ireland. On that occasion the getaway had been easily effected.

It was put to the Government that this could possibly be stopped if only one particular road was stopped up, and those who put the case had a perfectly good plan for re-routing the traffic. So far as I can remember, there was no power at that time to stop up the road, because, as the noble Lord said, of the inadvertent taking away of this power by local government reorganisation. As I understand the noble Lord, this Order brings the power back, and if I have followed him correctly may I say that I welcome it, because I very well remember that occasion and it seems to me that this is an important power. I thank the noble Lord for his explanation of these three Orders, and I am very pleased to support the passing of this, the third one.

On Question, Motion agreed to.