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Mr. Don Foster: If the hon. Member for Eddisbury (Mr. O'Brien) studied new clause 6 closely, he would see that it would bring him a great deal of comfort. It would
enable his local authority to feel confident that it could work closely with the Highways Agency to consider the issues of speed on motorways in his area. If the Highways Agency were not prepared so to work with the local authority, there would be an opportunity to apply to the Secretary of State to direct that close co-operation.I am absolutely delighted with the Minister's introductory remarks. I welcome his description of my remarks as eloquent. I was slightly taken aback by his description of our alleged close working relationship and somewhat surprised that he was prepared to refer to the time that we spent together late at night in a radio studio. He spent two hours defending the indefensible as further election disasters befell the party that he represents, while I was able to celebrate the success of my new and welcome hon. Friend the Member for Romsey (Sandra Gidley).
The Minister acknowledged my generosity in giving him advance notice of some of the questions that I would ask and, indeed, some of the points that I would raise, including reference to the situation in Sheffield. It was clear that he was not even aware of the speed limits on motorways, let alone the part of Sheffield to which we referred--Tinsley.
The Minister was not as thoroughly briefed as one might have hoped because he suggested that the Highways Agency did not want to introduce the speed limit proposed by the council because of congestion in the area at peak times. I hope that, when he checks the information with which he was provided, he will note that Sheffield council suggested to the Highways Agency a variable speed limit, as on the M25, to take into account that very concern.
The problem is that, despite the fact that Sheffield council has made that proposition, there is still not an opportunity for it and the Highways Agency to work together. The council has nobody to whom it can turn to resolve that dispute, and that is why the new clause is so important.
In his response, the Minister chose to adopt the technique of using acronyms. I do not blame him for that, as it speeds up the debate. I am well aware that, when an LA is working on its LAQM, which of course is part of the Government's NAQS and, as the Minister rightly said, is related to the LA's LTP, and could include the option of an LEZ, although the Minister has not yet given approval for LEZs, the LA must have the full support of the HA, as the Minister said, not least if the LA goes on to develop an AQMA.
Without new clause 6, there is no guarantee that the LA will get the full support of the HA. The Minister suggested that, if the LA is unhappy, it should seek advice from the DETR. However, it is unlikely that anything will happen, as the case in Sheffield demonstrates so eloquently.
Mr. Peter Atkinson (Hexham) rose--
Mr. Foster: I give way to the hon. Gentleman, but time is pressing.
Mr. Atkinson: I am grateful to the hon. Gentleman, who produced a tour de force of acronyms. How would the new clause help constituents of mine, who live on a trunk road with a village on either side? The local
authority wants a bypass there. If the local authority declares it a special air quality management area, what will the Highways Agency do? Will it be forced to build the bypass, which it otherwise would not?
Mr. Foster: The hon. Gentleman refers to an AQMA, as I am sure that he knows. One way of improving his chances of success would be to turn it into an LEZ. He makes a fair point. There will be occasions when a local authority wants to achieve certain aims and wishes to get the support of the Highways Agency, but the Highways Agency disagrees. The new clause would allow the local authority to see whether the Secretary of State was willing to support it in that endeavour and, if so, to apply to him to instruct the Highways Agency to carry out the necessary work.
In the hon. Gentleman's example, it is unlikely that, even if the local authority wanted a bypass, the Secretary of State would give his approval and make it a requirement on the Highways Agency. However, there are many other cases--I gave one example in the Tinsley area of Sheffield--where the joint working of the local authority and the Highways Agency could have been strengthened by the new clause. I am disappointed that the Minister is not prepared to write it into the Bill. It is an important measure, and I hope that the House will not object too much if I press the motion to a Division.
ion put, That the clause be read a Second time:--
The House divided: Ayes 47, Noes 342.
AYES
Allan, Richard
Ashdown, Rt Hon Paddy
Ballard, Jackie
Beggs, Roy
Brake, Tom
Brand, Dr Peter
Breed, Colin
Bruce, Malcolm (Gordon)
Burnett, John
Burstow, Paul
Campbell, Rt Hon Menzies
(NE Fife)
Chidgey, David
Cotter, Brian
Davey, Edward (Kingston)
Ewing, Mrs Margaret
Fearn, Ronnie
Foster, Don (Bath)
George, Andrew (St Ives)
Gidley, Ms Sandra
Gorrie, Donald
Harris, Dr Evan
Harvey, Nick
Heath, David (Somerton & Frome)
Hughes, Simon (Southwark N)
Jones, Nigel (Cheltenham)
Kennedy, Rt Hon Charles
(Ross Skye & Inverness W)
Kirkwood, Archy
Livsey, Richard
Llwyd, Elfyn
Maclennan, Rt Hon Robert
Michie, Mrs Ray (Argyll & Bute)
Moore, Michael
Morgan, Alasdair (Galloway)
Oaten, Mark
Öpik, Lembit
Rendel, David
Russell, Bob (Colchester)
Sanders, Adrian
Swinney, John
Taylor, Rt Hon John D (Strangford)
Taylor, Matthew (Truro)
Tonge, Dr Jenny
Tyler, Paul
Webb, Steve
Welsh, Andrew
Wigley, Rt Hon Dafydd
Willis, Phil
Tellers for the Ayes:
Sir Robert Smith and
Mr. Andrew Stunell.
NOES
Abbott, Ms Diane
Adams, Mrs Irene (Paisley N)
Ainger, Nick
Ainsworth, Robert (Cov'try NE)
Alexander, Douglas
Allen, Graham
Anderson, Donald (Swansea E)
Anderson, Janet (Rossendale)
Armstrong, Rt Hon Ms Hilary
Ashton, Joe
Atkins, Charlotte
Banks, Tony
Barnes, Harry
Battle, John
Bayley, Hugh
Beard, Nigel
Beckett, Rt Hon Mrs Margaret
Bell, Stuart (Middlesbrough)
Benn, Hilary (Leeds C)
Bennett, Andrew F
Bermingham, Gerald
Berry, Roger
Best, Harold
Betts, Clive
Blackman, Liz
Blears, Ms Hazel
Blizzard, Bob
Boateng, Rt Hon Paul
Borrow, David
Bradley, Keith (Withington)
Bradley, Peter (The Wrekin)
Bradshaw, Ben
Brown, Rt Hon Nick (Newcastle E)
Brown, Russell (Dumfries)
Browne, Desmond
Buck, Ms Karen
Burden, Richard
Burgon, Colin
Butler, Mrs Christine
Byers, Rt Hon Stephen
Caborn, Rt Hon Richard
Campbell, Ronnie (Blyth V)
Cann, Jamie
Caplin, Ivor
Casale, Roger
Caton, Martin
Cawsey, Ian
Chapman, Ben (Wirral S)
Chaytor, David
Church, Ms Judith
Clapham, Michael
Clark, Rt Hon Dr David (S Shields)
Clark, Dr Lynda
(Edinburgh Pentlands)
Clark, Paul (Gillingham)
Clarke, Charles (Norwich S)
Clarke, Eric (Midlothian)
Clarke, Rt Hon Tom (Coatbridge)
Clarke, Tony (Northampton S)
Clelland, David
Clwyd, Ann
Coaker, Vernon
Coffey, Ms Ann
Coleman, Iain
Colman, Tony
Connarty, Michael
Cook, Rt Hon Robin (Livingston)
Corbett, Robin
Corbyn, Jeremy
Corston, Jean
Cousins, Jim
Cox, Tom
Cranston, Ross
Crausby, David
Cryer, Mrs Ann (Keighley)
Cryer, John (Hornchurch)
Cummings, John
Cunningham, Rt Hon Dr Jack
(Copeland)
Cunningham, Jim (Cov'try S)
Curtis-Thomas, Mrs Claire
Dalyell, Tam
Darling, Rt Hon Alistair
Darvill, Keith
Davey, Valerie (Bristol W)
Davidson, Ian
Davies, Rt Hon Denzil (Llanelli)
Davies, Geraint (Croydon C)
Davis, Rt Hon Terry
(B'ham Hodge H)
Dawson, Hilton
Dean, Mrs Janet
Denham, John
Dismore, Andrew
Dobbin, Jim
Donohoe, Brian H
Doran, Frank
Dowd, Jim
Drew, David
Dunwoody, Mrs Gwyneth
Eagle, Angela (Wallasey)
Eagle, Maria (L'pool Garston)
Edwards, Huw
Efford, Clive
Ellman, Mrs Louise
Ennis, Jeff
Field, Rt Hon Frank
Fisher, Mark
Fitzpatrick, Jim
Fitzsimons, Mrs Lorna
Flint, Caroline
Flynn, Paul
Follett, Barbara
Foster, Rt Hon Derek
Foster, Michael J (Worcester)
Foulkes, George
Fyfe, Maria
Galbraith, Sam
Gapes, Mike
Gardiner, Barry
George, Bruce (Walsall S)
Gibson, Dr Ian
Gilroy, Mrs Linda
Godman, Dr Norman A
Godsiff, Roger
Goggins, Paul
Golding, Mrs Llin
Gordon, Mrs Eileen
Griffiths, Jane (Reading E)
Griffiths, Nigel (Edinburgh S)
Griffiths, Win (Bridgend)
Grogan, John
Hall, Mike (Weaver Vale)
Hall, Patrick (Bedford)
Hamilton, Fabian (Leeds NE)
Hanson, David
Harman, Rt Hon Ms Harriet
Heal, Mrs Sylvia
Healey, John
Henderson, Doug (Newcastle N)
Henderson, Ivan (Harwich)
Hepburn, Stephen
Heppell, John
Hesford, Stephen
Hewitt, Ms Patricia
Hill, Keith
Hinchliffe, David
Hodge, Ms Margaret
Hoey, Kate
Home Robertson, John
Hood, Jimmy
Hoon, Rt Hon Geoffrey
Hope, Phil
Hopkins, Kelvin
Howarth, Alan (Newport E)
Howarth, George (Knowsley N)
Howells, Dr Kim
Hoyle, Lindsay
Hughes, Ms Beverley (Stretford)
Humble, Mrs Joan
Hurst, Alan
Hutton, John
Iddon, Dr Brian
Illsley, Eric
Jackson, Ms Glenda (Hampstead)
Jackson, Helen (Hillsborough)
Jamieson, David
Jenkins, Brian
Johnson, Alan (Hull W & Hessle)
Johnson, Miss Melanie
(Welwyn Hatfield)
Jones, Mrs Fiona (Newark)
Jones, Helen (Warrington N)
Jones, Dr Lynne (Selly Oak)
Jones, Martyn (Clwyd S)
Jowell, Rt Hon Ms Tessa
Keeble, Ms Sally
Keen, Alan (Feltham & Heston)
Keen, Ann (Brentford & Isleworth)
Kemp, Fraser
Kennedy, Jane (Wavertree)
Khabra, Piara S
Kidney, David
Kilfoyle, Peter
King, Andy (Rugby & Kenilworth)
King, Ms Oona (Bethnal Green)
Kumar, Dr Ashok
Ladyman, Dr Stephen
Lawrence, Mrs Jackie
Lepper, David
Leslie, Christopher
Levitt, Tom
Lewis, Ivan (Bury S)
Lewis, Terry (Worsley)
Liddell, Rt Hon Mrs Helen
Linton, Martin
Lloyd, Tony (Manchester C)
Lock, David
Love, Andrew
McAvoy, Thomas
McCabe, Steve
McCafferty, Ms Chris
McDonagh, Siobhain
Macdonald, Calum
McDonnell, John
McFall, John
McGuire, Mrs Anne
McIsaac, Shona
McKenna, Mrs Rosemary
Mackinlay, Andrew
McNulty, Tony
MacShane, Denis
Mactaggart, Fiona
McWalter, Tony
McWilliam, John
Mahon, Mrs Alice
Mallaber, Judy
Marsden, Gordon (Blackpool S)
Marsden, Paul (Shrewsbury)
Marshall, David (Shettleston)
Marshall-Andrews, Robert
Martlew, Eric
Maxton, John
Meacher, Rt Hon Michael
Merron, Gillian
Michael, Rt Hon Alun
Michie, Bill (Shef'ld Heeley)
Milburn, Rt Hon Alan
Miller, Andrew
Moffatt, Laura
Moonie, Dr Lewis
Moran, Ms Margaret
Morgan, Ms Julie (Cardiff N)
Morley, Elliot
Morris, Rt Hon Ms Estelle
(B'ham Yardley)
Morris, Rt Hon Sir John (Aberavon)
Mountford, Kali
Mudie, George
Mullin, Chris
Murphy, Denis (Wansbeck)
Murphy, Jim (Eastwood)
Murphy, Rt Hon Paul (Torfaen)
Naysmith, Dr Doug
Norris, Dan
O'Brien, Bill (Normanton)
O'Brien, Mike (N Warks)
O'Hara, Eddie
O'Neill, Martin
Organ, Mrs Diana
Osborne, Ms Sandra
Palmer, Dr Nick
Pearson, Ian
Pendry, Tom
Perham, Ms Linda
Pickthall, Colin
Pike, Peter L
Plaskitt, James
Pollard, Kerry
Pond, Chris
Pope, Greg
Pound, Stephen
Prentice, Ms Bridget (Lewisham E)
Prentice, Gordon (Pendle)
Prescott, Rt Hon John
Primarolo, Dawn
Prosser, Gwyn
Purchase, Ken
Quin, Rt Hon Ms Joyce
Quinn, Lawrie
Radice, Rt Hon Giles
Raynsford, Nick
Reed, Andrew (Loughborough)
Reid, Rt Hon Dr John (Hamilton N)
Robinson, Geoffrey (Cov'try NW)
Roche, Mrs Barbara
Rooney, Terry
Ross, Ernie (Dundee W)
Rowlands, Ted
Roy, Frank
Ruane, Chris
Ruddock, Joan
Ryan, Ms Joan
Sarwar, Mohammad
Sawford, Phil
Sedgemore, Brian
Sheerman, Barry
Shipley, Ms Debra
Simpson, Alan (Nottingham S)
Singh, Marsha
Skinner, Dennis
Smith, Rt Hon Andrew (Oxford E)
Smith, Angela (Basildon)
Smith, Rt Hon Chris (Islington S)
Smith, Jacqui (Redditch)
Smith, John (Glamorgan)
Smith, Llew (Blaenau Gwent)
Snape, Peter
Soley, Clive
Southworth, Ms Helen
Squire, Ms Rachel
Starkey, Dr Phyllis
Steinberg, Gerry
Stevenson, George
Stewart, David (Inverness E)
Stewart, Ian (Eccles)
Stinchcombe, Paul
Stoate, Dr Howard
Strang, Rt Hon Dr Gavin
Stringer, Graham
Stuart, Ms Gisela
Taylor, Rt Hon Mrs Ann
(Dewsbury)
Taylor, Ms Dari (Stockton S)
Taylor, David (NW Leics)
Temple-Morris, Peter
Thomas, Gareth (Clwyd W)
Thomas, Gareth R (Harrow W)
Timms, Stephen
Tipping, Paddy
Todd, Mark
Touhig, Don
Trickett, Jon
Truswell, Paul
Turner, Dennis (Wolverh'ton SE)
Turner, Dr Desmond (Kemptown)
Turner, Dr George (NW Norfolk)
Turner, Neil (Wigan)
Twigg, Derek (Halton)
Twigg, Stephen (Enfield)
Tynan, Bill
Vaz, Keith
Ward, Ms Claire
Wareing, Robert N
Watts, David
Whitehead, Dr Alan
Wicks, Malcolm
Williams, Rt Hon Alan
(Swansea W)
Williams, Alan W (E Carmarthen)
Williams, Mrs Betty (Conwy)
Wills, Michael
Winnick, David
Wood, Mike
Woolas, Phil
Worthington, Tony
Wright, Anthony D (Gt Yarmouth)
Wright, Dr Tony (Cannock)
Wyatt, Derek
Tellers for the Noes:
Mr. Kevin Hughes and
Mr. Gerry Sutcliffe.
Question accordingly negatived.
'. Schedule (Competition test for exercise of bus functions) contains provision applying a competition test in relation to the exercise of functions relating to quality partnership schemes, ticketing schemes and subsidised local services.'.--[Mr. Hill.]
Brought up, and read the First time.
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