LORD KINNAIRDasked his Majesty's Government whether in view of the danger and inconvenience to the public, stated to have been occasioned by the laying of Post Office mains under the public streets, without due regard to existing pipes and mains, the Postmaster-General would, before commencing work in any street, cause notice to be served upon the owners of existing pipes and mains of the intention of the Post Office to lay mains therein, and would conform with such reasonable requirements as might from time to time be made by the owners of such pipes and mains for the purpose of protecting them from injury; and whether the Postmaster-General would accept responsibility for the damage he might cause, in the same manner as companies having Parliamentary powers to open up thoroughfares.
§ LORD BALFOUR OF BURLEIGHMy Lords, I have been asked by my right hon. colleague, the Postmaster-General, to reply to this Question. It is perfectly true that electric light companies have to give notice to various bodies before they open the streets, and I think it only 1428 right that private corporations of that kind should be under somewhat stricter obligations than the Postmaster-General. At the same time, the Postmaster-General is under pretty definite statutory restrictions. If I understood the noble Lord rightly, there is some special case of damage which has been brought to his notice. No specific instance is given in the Question, and, therefore, I am not prepared with any answer to the case brought forward; but in a private letter asking me to answer this Question the Postmaster-General distinctly requests me to add that if the noble Lord, or others acting with him, have any specific case of damage and will bring it under the notice of my right hon. colleague he will give it his immediate attention. With regard to the remainder of the Question, I have to say that the procedure incumbent upon the Postmaster-General when he wants to lay underground telegraphs is regulated by a statute. There are three distinct requirements. In the first place, he is obliged to get the consent of the local authority, and he has to come to an agreement with them as to the method of carrying out the work. He has further, when it is resolved to open a public road or street, to give notice, so that the local authorities may have an opportunity of supervising the work. Then he has to give notice to any water or gas company of any alteration which is intended in their pipes. The Post Office engineers are instructed by printed regulations to comply with all the reasonable requirements made by other owners of pipes and mains. This, however, is not a statutory obligation; it is an instruction voluntarily given by the Postmaster-General. I suggest to the noble Lord and to the House that it is not desirable that further obligations or restrictions, such as are suggested in the noble Lord's Question, should be placed upon the Post Office in carrying out works which are for the public service. The fact is, many of the bodies who have pipes and mains under the public roads have no statutory right to be there at all. Of course, no one desires to do any damage to them wilfully, but in law many of them are there simply as trespassers. They are obviously in a very different position from owners, who have 1429 a statutory right to have their property under the public streets. There is only one other question to which I think I need refer, and that is the position in respect to damage. I would refer the noble Lord to Sections 7 and 42 of the Telegraph Act, 1863, which regulates the matter; but he will perhaps, excuse me from entering into any discussion upon it just now for this reason—that there is a case under these sections against the Postmaster-General shortly to come into Court, and I think it would obviously be unsatisfactory for the Government to discuss the matter in either House of Parliament at the moment. I have to repeat the promise given, that if any specific case of hardship is brought to the notice of the Postmaster-General full consideration will be given to it.