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Invergarry-Kyle of Lochalsh Trunk Road (A87) Extension (Skye Bridge Crossing) Toll Order (Revocation) Order 2005<br />(SSI 2005/167)
No members have raised any points about the statutory instrument, no points have been raised by the Subordinate Legislation Committee and no motion for annulment has been lodged.
I seek guidance. I have a big problem with the instrument, but my difficulty is that I do not know how to express the problem. On the one hand, I do not want us to maintain Skye bridge tolls any longer than they have to be there. On the other hand, if we were to allow the instrument to pass without comment today, are we in effect consenting to the legality of the whole scheme? There are 130 people waiting to be prosecuted for not paying the fees, and there is a major issue over whether the original licensing scheme was legal or not. I worry that, if we pass on the instrument without one of the justice committees having had a look at it, we might be saying tacitly that we agree that the whole scheme was legal from the beginning.
I do not think that that issue is connected with the instrument at all. Basically, the instrument is a technical measure that removes the power to charge tolls on the bridge. Ministers have not been charging tolls since 1 January this year, so tolls have not been charged for the past few months, but the instrument removes the power to charge tolls for the bridge. That does not imply any comment on the other issues that you raise. I suggest that there are probably other avenues that could be used if you want to raise those issues, but the order is merely a technical instrument that tidies up the position and backs up the policy decision not to charge tolls by removing the power to charge tolls.
Thank you for that clarification. Therefore, our supporting the revocation does not mean that we tacitly accept that the original power to charge tolls was legal. Will you confirm for the record that we are not making that statement?
I would certainly not make that interpretation. I think that the instrument merely makes it absolutely clear that there is no power to charge tolls. As I said, I do not think that anybody could take the interpretation that you suggest from our approval of the order. It merely tidies up legislation to back up the policy intention behind the Executive's decision.
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