I will try to do so. I do not want to go into the detail of all the cases, because the hon. Member for Islington, South and Finsbury may wish to do that. It would be wrong and unfair for me to do so. However, as this is my only opportunity to refer to the cases, I shall do so now.
There is clearly a problem of which the Minister is well aware. I understand that he and his officials believe that the inspectors have been wrong to rule as they have in the cases to which I have referred. He may well be about to say that and, if he does, that will be helpful. However, I am sure that you, Mr. Deputy Speaker, and the House would concur with the point that although ministerial statements about the intention of new law can be taken into account by the courts in interpreting the law, ministerial statements about existing law are effectively of no significance. They cannot alter the meaning of the law particularly when test cases have already taken place. I am not a lawyer, but that is my layman’s understanding. Ministers cannot simply by a statement in the House change the meaning of established law.
I think the Minister appreciates that we have a problem in the cases to which I have referred. A change in the law is therefore essential. I will be honest and say that the drafting of the particular new clause is probably flawed—I readily accept that—but I hope that he will give a commitment that the Government will table an amendment in another place that will address the real concerns of many tens of thousands of cyclists that their opportunity to claim a right of way is being restricted. I do not think that anybody wants that to happen, and the Bill is an opportunity to put the position right.
I apologise to the House for taking so long to introduce this group of amendments and new clauses, but it is by far the most important group that we shall discuss tonight. I look forward to the Minister’s response to the many points that I have made.
Natural Environment and Rural Communities Bill
Proceeding contribution from
James Paice
(Conservative)
in the House of Commons on Tuesday, 11 October 2005.
It occurred during Debate on bills on Natural Environment and Rural Communities Bill.
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2005-06Chamber / Committee
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