§ LORD RUSSELL OF LIVERPOOL
asked Her Majesty's Government:
Why no action has ever been taken to implement the recommendation made in 1939 by the Alness Committee on the Prevention of Road Accidents regarding the doctrine of non-feasance; and whether they will now consider introducing legislation 1336WA to abolish this anachronism as a legal defence and to repeal Section 298 of the Highways Act of 1959, thus bringing the law of England into line with the law of Scotland in this respect.
§ THE JOINT PARLIAMENTARY SECRETARY, MINISTRY OF TRANSPORT (LORD CHESHAM)
The Government are very conscious that there is a body of opinion which regards the nonfeasance rule as anachronistic. Some time ago a working party of representatives of the Ministry of Transport and of local highway authorities was set up to study the consequences of abolition. The associations of local authorities were consulted about the recommendations in the report and their views have recently been received. They are now being considered. The Government are not able at the moment to state what their decision is, but have every hope of being able to do so in the near future.