Street Works: The Horne Report (Hansard, 27 November 1989)

§ Lord Trefgarne
My Lords, it is still the Government's intention to introduce legislation to implement the Horne Report. A Bill along the lines of the consultation paper issued in May will be introduced as soon as a suitable opportunity can be found. The Government very much hope that the valuable co-operation of local authorities and utilities in developing detailed arrangements in support of the new street works measures will continue.

§ Lord Underhill
My Lords, I thank the Minister for that Answer. But is it fully appreciated that the Home Report was published as far back as November 1985 and in their response in July 1986 the Government accepted most of the 73 recommendations? As the Minister rightly says, a working party has been carrying out detailed discussions among the Department of Transport, the local authority associations and the public utilities group. Can he give some definite statement that there will be legislation this year? Not only do street works cause congestion, but if there is no action, all the work of the working party will be wasted. In the past Minister after Minister —not the noble Lord —has told me in this Chamber exactly the same as he has now said, that legislation will be introduced as soon as possible, yet the impression has been given by the Minister for Roads and Traffic that there will be no legislation this year. Can the noble Lord give me a definite answer?

§ Lord Trefgarne
My Lords, as I said in my main Answer, legislation will be introduced as soon as an opportunity can be found. I recall not so long ago hearing noble Lords opposite complaining about the volume of legislation which your Lordships are having to consider. I am sure the noble Lord would not want to increase those burdens except in the context of an appropriate legislative opportunity. Furthermore, it is important that this legislation, which will be of a highly technical nature, is properly thought through before it is introduced into the House, and that is what we intend.

§ Lord Boyd-Carpenter
My Lords, is my noble friend aware that there has been plenty of time for this legislation to be thought through in as much as to my knowledge it was first considered in 1955?

§ Lord Trefgarne
My Lords, I am interested to hear from my noble friend. In fact legislation is already on the statute book dealing with this matter, passed as far back as 1950, but the passage of time has shown that it needs to be updated and improved. That is why Professor Home was asked to make a study and why we are now considering the matter carefully in order to bring through considered proposals for your Lordships' attention.

§ Lord Tordoff
My Lords, is the noble Lord aware that the delay in this matter is causing chaos on our urban roads? The number of roadworks which spring up overnight and hang around for weeks is causing considerable damage to the workings of our cities. May I ask him to consider that there are certain matters in the legislative programme which could be 244 removed in order to fit in this important matter? If not, could he not fit it in with those matters which are to be laid before your Lordships?

§ Lord Trefgarne
My Lords, I agree that the law in this matter needs to be updated. Professor Home, as I said, has brought forward a number of proposals which are largely acceptable to the Government. We are therefore very reassured to hear that in the short period between now and when the legislation can come into force local authorities and the utilities concerned are increasing their co-operation to endeavour to get as many of Professor Home's recommendations as possible into place on a voluntary basis before they become statutory.

§ Lord Nugent of Guildford
My Lords, is my noble friend aware that there is an element of urgency in reducing the amount of obstruction to traffic, especially in towns, that these street works cause? Is he aware in particular that one of the proposals which has been considered for inclusion in the legislation is a lane charge to contractors in order to encourage them to use the new trenchless technology and thus avoid obstructing traffic? Is he aware that it really is most urgent to bring this into action as soon as possible?

§ Lord Trefgarne
My Lords, I certainly share my noble friend's view that we need to bring forward this legislation as soon as an opportunity can be found and as soon as it has been properly drafted, and that is what we shall do. I certainly also agree with him that some of the proposals which were not included in Professor Home's report but which have emerged more recently for financial constraints upon contractors in connection with the obstruction they cause and the time over which they cause them ought usefully to be included in the Bill. That too will have to be drafted before it can be presented.

§ Lord Underhill
My Lords, does the Minister appreciate that I regard it as a little unfair to throw back at this side of the House, and indeed at his own noble friends, the fact that we do not want to be overloaded with legislation and that therefore this item can wait and wait? It is five years since the report was published; it is four years since the Government accepted its recommendations. The working party has been dealing successfully with the problems. As noble Lords on the Minister's side of the House have said, the matter requires urgent attention in view of the problems of congestion that arise when street works recur in the same area time and time again. Will the Minister take up the matter with his right honourable friend?

§ Lord Trefgarne
My Lords, I am not sure that the position is quite as dark as the noble Lord painted it. While I agree that it would be appropriate to bring forward legislation as soon as may be, the fact is that voluntary agreements are now coming into place between highway authorities and the utility companies concerned. I believe that those will go some way to meeting the concerns understandably expressed by noble friends on this side of the House as well as by the noble Lord. I agree that legislation 245 is appropriate; we shall bring it forward as soon as an opportunity can be found.