§ Mr. AshleyTo ask the Secretary of State for Transport how many public inquiries into major new road proposals have been initiated by his Department since 1979; in how many cases the inspector's report was published (1) prior to and (2) simultaneously with the announcement of his directions; and what considerations governed the timing of the publication of the Inspector's report and the announcement of his direction.
§ Mr. ChopeFigures for the number of public inquiries initiated since 1979 could be provided only at disproportionate cost.
Reports are invariably published in the event of a decision being taken, and at the same time as the decision is announced. Prior publication would undermine the value of the inquiry and the report. It would not be appropriate to initiate another round of consultations, or to accept further representations, on the inspector's report after the inquiry has given all interested parties an equal opportunity to express their views. Sometimes a provisional decision is announced; the report is published with that provisional decision, and following it an inquiry may be reopened.
§ Mr. AshleyTo ask the Secretary of State for Transport in how many cases, following a public inquiry into a major road proposal, he has decided to adopt proposals that differed significantly from the recommendations made in the inspector's report; and what restrictions there are on his freedom to disregard the recommendations of an inspector.
99W
§ Mr. ChopeThe Secretary of State for Transport makes decisions relating to his own highway proposals acting jointly with the Secretary of State for the Environment. While precise figures are not collected, it is very rare for the Secretaries of State to make decisions which differ substantially from an inspector's recommendation. If the Secretaries of State differ from an inspector on a finding of fact or take into account evidence which was not before the inquiry and by reason of this are disposed to disagree with the inspector's recommendation, they will almost invariably reopen the inquiry, and in certain circumstances they will be required to do so by rule 15 of the Highways (Inquiries Procedures) Rules 1976.