HC Deb 25 November 1970 vol 807 c400
24. Mr. Arthur Davidson

asked the Secretary of State for the Environment what discussions he has had with the Association of Municipal Corporations with regard to the right of local authorities to fence private land which constitutes a danger to the public.

Mr. Graham Page

The association has recently submitted proposals which my right hon. Friend is considering.

Mr. Davidson

I assure the hon. Gentleman that I understand the complexities of this matter, but is he aware that every now and then there is a serious accident and a child is killed or drowned because the local authority does not have the legal powers to provide the necessary fencing or safeguards? Will he give an assurance that he is well aware of the problem and will seek a way of solving it?

Mr. Page

I am only too conscious of the tragedies which happen. We are talking here only of fencing land away from the highway. Local authorities already have power to fence land along the highway where danger may arise. This is a question of entering on to private land, and it is a difficult and complex legal problem.