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Dr. Fox: Given that, by 2042, even I will be 81, will the Minister help us with the legal problem in the short term? It seems odd--I am not a lawyer--that we cannot have a cemetery in the lane because it is too dangerous, but that we can have a quarry in the lane, where the lorries are larger than the hearses we might have locally. How can it be that the district council, through the highways authority, can stop the cemetery going ahead, but is powerless to stop the quarry traffic? Will the Minister undertake to ask his Department to get a legal view on what powers the district council has through the local highways authority to restrict traffic on safety grounds?

Mr. Raynsford: I regret that I have to disappoint the hon. Gentleman. As I have made clear, the matter has now reached the end of the process in which the Secretary of State has any involvement. The legal processes are terminated. The option was there for people who were unhappy with the decision to challenge it in the High Court under the agreed procedures. No such challenge was made. As I have stressed, the legal avenues are closed and there is no further opportunity for the Government to take any role in this case.

Dr. Fox: That was not my point. I was asking the Minister whether the Government, through their responsibility for the local authority, could ask their lawyers to give us a view on the relative responsibilities of the district council's highways authority and its role in challenging the right of access--for example, to a quarry where permissions have already been given. It is a slightly separate matter from the Government being involved in the permission itself. I would be grateful for that legal view.

Mr. Raynsford: As I have made clear, the inspector covered in considerable detail issues of traffic. I have highlighted one or two of the passages in his report to show that he considered matters that the hon. Gentleman implied might have been overlooked. Therefore, the matter has been given thorough consideration. However, if the hon. Gentleman wishes to write to me, I will consider any matters relating to hazards that may exist on local highways, and talk to my right hon. and hon. Friends who have responsibility for those matters.

Question put and agreed to.



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