HL Deb 18 December 1979 vol 403 cc1534-5

2.49 p.m.

Lord AVEBURY

My Lords, I beg leave to ask the second Question which stands in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government by whom inspectors at motorway and trunk road inquiries are appointed.

Lord MOWBRAY and STOURTON

My Lords, in England an inspector is appointed to hold a particular inquiry by the Secretary of State for the Environment and the Minister of Transport, on the nomination of the noble and learned Lord the Lord Chancellor.

Lord AVEBURY

My Lords, was not the change in the procedure, bringing in the noble and learned Lord the Lord Chancellor as the person who nominates the inspector, designed to correct the impression in the minds of objectors that the inspectors were in fact creatures of the Department of Transport and the Department of the Environment? And does it not go a long way to destroy that attempted correction when an inspector refers to the Department of Transport, as he did at a recent inquiry, for an interpretation of his terms of reference and powers? Could not the noble Lord see that the Leitch Report is properly implemented and that the noble and learned Lord the Lord Chancellor has the sole responsibility for that matter?

Lord MOWBRAY and STOURTON

My Lords, as I said, there are three Ministers involved. Inspectors are eminent people from all walks of life. They are chosen for their proven abilities, their open-mindedness, perception and judgment, and also for their ability to assess reasoned argument and personal integrity. I should like also to point out that inspectors, like judges, do not have to be professional experts in order to be able to assess the evidence of those who are.

Lord DAVIES of PENRHYS

My Lords, does the noble Lord not agree that there are motorways in Scotland and in Wales: what happens there?

Lord MOWBRAY and STOURTON

My Lords, the Question referred only to England and I have no brief as to what would happen in Scotland. If the noble Lord cares to put a Question down on that subject, I will find out.

Lord AVEBURY

My Lords, among the many essential qualities of inspectors which the noble Lord did not mention was that of independence. Would he not agree that if the objectors at motorway inquiries are to believe that those inquiries are fairly and properly conducted, the independence of the inspectors from the Department of Transport and the Secretary of State for the Environment is essential? Would the noble Lord not agree that, for this reason, those two Ministers should play no part in the appointments and that that should be a matter entirely in the hands of the Lord Chancellor?

Lord MOWBRAY and STOURTON

My Lords, I do not think it is quite fair to say that they are not independent: they are appointed to be independent assessors. I cannot find it in my brief—I have so much—but I think I am right in saying that out of something like 120 inquiries, in some 21 cases the inspectors have differed from the Department's suggestions and in 18 of those cases the Ministers concerned have upheld the inspectors' objections.