§ 3. Ian Lucas (Wrexham)If he will introduce legislation to provide for an improved system for utility companies to give notice to local authorities of works on the public highway. [125436]
§ The Parliamentary Under-Secretary of State for Transport (Mr. Tony McNulty)Since April 2001, highway authorities in England can charge utilities up to £2,000 a day every time any of their works overrun an agreed deadline. The National Assembly for Wales has that power but, I believe, has not utilised it yet. We are also operating pilot schemes in Camden and Middlesbrough to test powers to charge utilities from the start of each work. Once parliamentary time permits, we intend to introduce a Bill containing measures to allow more effective management of utilities' works, to ensure that disruption is kept to a minimum and end the nonsense of roads being dug up time and time again, with all the commensurate congestion.
§ Ian LucasI am grateful to the Minister for his reply, and am glad that legislation is on the horizon. In particular, will he ensure that the legislation includes strict compensation provisions so that businesses that are strongly and adversely affected when due notice is not given by utilities are given appropriate compensation? That will enable constituents such as Mr. and Mrs. Ruscoe of Tan-y-Dre in my constituency to receive proper recompense for the great damage that has been done to their business over far too long a period.
§ Mr. McNultyOn balance, we decided to do things the other way round, and make sure that important measures are in place to deal with notice and tighten the existing legislative framework for utility works to reduce the disruptive effect on businesses such as the one cited by my hon. Friend, thus obviating the need for compensation. We do not believe that including rigid requirements on the payment of compensation in legislation is the best way forward. If we get the overall regime in place and working, that will obviate the need for compensation.
§ David Taylor (North-West Leicestershire)Can the Minister tell the House whether there has been any early 137 feedback from the pilot schemes in Camden and Middlesbrough, and whether such an approach will improve the position, particularly in town centres, where work by utilities is inadequately communicated to commercial frontages, and the extent of closures in their part of the town is often not well understood? Will that position improve if the pilot scheme is extended?
§ Mr. McNultyThe impact of constant roadworks is well known and deleterious for businesses that just want to go about their business. The Camden and Middlesbrough schemes have not been up and running for terribly long, and we are still awaiting feedback from them. When there is a full review of the pilots we will feed the results into legislation, and, I hope, resolve the problem throughout the country, including Leicestershire.
§ Mr. John Bercow (Buckingham)According to what published criteria, and under whose auspices, is it determined that in certain cases such works shall take place at night?
§ Mr. McNultyInvariably, that is done in co-operation with the relevant highways authority.