New Clause 2 (Hansard, 3 February 1982)

§ Mr. Raison

I beg to move, That the clause be read a Second time.

425 This new clause results from the study that I promised the hon. Member for Nottingham, North (Mr. Whitlock) when he moved in Committee a new clause directed at this problem. As I said then, we agree that the standard of road work signing is not as good as it might be. We agree, too, that speed as well as vigour in enforcement should help to improve it. I pointed out, however, that works on streets could be carried out under other provisions than that at which the hon. Member's new clause was aimed, and that we needed to study them all as well as consult those concerned.

I am pleased to say that we have done all that, and with results that I hope will please the hon. Member and the House. There are, in fact, three provisions that require those who may lawfully do works on or obstruct streets to sign, guard and light the obstructions they cause. One is section 174 of the Highways Act 1980, at which the hon. Member's new clause was directed. Another is section 8 of the Public Utilities Street Works Act 1950. The third is section 171 of the Highways Act 1980, which relates to the deposit of building materials on, or excavations in, streets. These, too, must be adequately signed, guarded and lit.

In all three cases, the police currently need the written consent of the Attorney-General in order to prosecute for failure to comply with these requirements, or—in the case of the additional offence provided for in section 174(4) of the Highways Act—for unlawful interference with signs, barriers or lighting that have been provided. The police, I know, find the obligation a hindrance in prosecuting for what may be comparatively minor offences. We believe, too, that the offences are often readily remediable, in that the necessary signs may well be available but not in use because it is felt to be too much trouble to set them out. If the police can back up their identification of offences with firm threats of prosecution in default of instant remedy, immediate improvements should result.

I am glad to say that my right hon. Friends agree that the consent requirement may in these cases be dispensed with, and the new clause effects the necessary dispensations.

§ Mr. William Whitlock (Nottingham, North)

I am glad that this acceptable provision has been introduced. I am grateful to the Minister for responding so readily to the undertaking that he gave in Committee that if I withdrew my new clause he would consider what could be introduced on Report.

An AA survey of road warnings, which gave rise to my new clause, showed that half the holes in our roads are inadequately and often dangerously sign posted. Indeed, the Department of Transport, having looked at the AA survey last year, wrote as follows: We too are concerned about the poor standard of signing of roadworks sites in general, and although limitation of resources has precluded us from making a similar study, I am told by my colleagues who regularly travel around the country that the findings in your Report are consistent with what they have observed". Agreement therefore exists on all sides that the public are endangered by the standard of road signing. That agreement will now be translated into more effective and expeditious action along the lines that I suggested in Committee. I therefore welcome the new clause.