§ Mr. Charles Kennedy
To ask the Secretary of State for Scotland what is the status of Crown Production 16 in respect of the right to collect the Skye bridge tolls on the part of the second concessionaire, Miller Civil Engineering; and if he will make a statement. 
§ Mr. Dewar
[holding answer 10 June 1998]: The hon. Member's description of Miller Civil Engineering Ltd. as the second concessionaire is incorrect in terms of the relevant statutory provisions in the New Roads and Street Works Act 1991 and the contractual arrangements relating to the procurement of the bridge. There is only one concessionaire, namely Skye Bridge Ltd., formerly known as Skye Bridge Tolls Ltd. The then Secretary of State assigned to Skye Bridge Tolls Ltd. his right to charge and collect tolls on Skye Bridge in accordance with section 28 of the New Roads and Street Works Act 1991 and the relevant toll order. Miller Civil Engineering Ltd. are not a concessionaire since they have not been assigned the Secretary of State's rights to charge and collect tolls.
I understand Crown Production 16 to be a document produced in the context of criminal proceedings in Dingwall Sheriff Court. The production is part of the Memorandum of Agreement made among the then Secretary of State for Scotland, Skye Bridge Tolls Ltd., The Miller Group Ltd., Miller Civil Engineering Ltd., Dyckerhoff & Widmann AG and Miller-Dywidag Joint Venture in relation to documents identified in Appendix 1 to that Memorandum. The documents include the Operation and Maintenance Agreement, in terms of which Skye Bridge Tolls Ltd., the concessionaire, entered into arrangements with Miller-Dywidag Joint Venture relating to the operation and maintenance of the bridge by Miller & Dywidag in joint venture including the collection of tolls on behalf of Skye Bridge Tolls Ltd. The Memorandum represents the then Secretary of State's written consent to those arrangements. This is set out in the Answers which I have lodged as an interested party in response to the Petition by Robbie the Pict seeking to interdict Miller Civil Engineering Ltd. from collecting tolls from him in respect of his use of Skye Bridge. That matter is currently before the Court of Session.