Mining Subsidence

HC Deb 21 July 1994 vol 247 cc527-9W

Mr. Hinchliffe

To ask the President of the Board of Trade (1) what monitoring of consumer satisfaction will be undertaken for future and current procedures dealing with claims relating to mining subsidence;

(2) how current claims for mining subsidence will be dealt with in active coalfields where coal extraction continues after August;

(3) how private mining companies will compensate persons suffering from subsidence caused by their activities; and what action will be taken to ensure the rights of persons suffering damage;

(4) how he will protect home owners' interests in future subsidence compensation cases involving private companies;

(5) what plans he has to consider bringing forward amendments to the Coal Mining Subsidence Act 1991;

(6) if he will make a statement on the arbitration procedure for coalfield subsidence matters after August.

Mr. Eggar

I refer the hon. Member to the Coal Industry Act 1994 and to the extensive documentation which my Department has made available, in particular: the draft subsidence regulations, the draft guide to claimants' rights, the revised coal authority explanatory note, and the revised draft model coal authority licensing documents.

Mr. Hinchcliffe

To ask the President of the Board of Trade how current case loads of mining subsidence claims will be dealt with after August; and what continuity arrangements have been set up for this work.

Mr. Eggar

This a matter for British Coal and other bodies, which may, under the Coal Industry Act 1994, acquire responsibility for subsidence in due course.

Mr. Hinchliffe

To ask the President of the Board of Trade if a single company will be able to operate both inspection and repair services for subsidence work in coal mining areas.

Mr. Eggar

It is not envisaged that the Coal Authority would permit these roles to be combined.

Mr. Hinchliffe

To ask the President of the Board of Trade (1) what will be the length of contracts for subsidence work in coalfield areas;

(2) what projections he has for the number of persons dealing with mining subsidence claims after August;

(3) in what circumstances tenders for coal mining subsidence work were accepted from loss adjusters, estate agents and insurance companies.

Mr. Eggar

This a matter for the British Coal Corporation.

Mr. Hinchliffe

To ask the President of the Board of Trade how many persons are currently employed in dealing with compensation claims within the mining industry.

Mr. Eggar

I am informed by British Coal that it currently employs 81 people, in technical and clerical grades, to deal with claims for damage caused by coal mining subsidence.

Mr. Hinchliffe

To ask the President of the Board of Trade what insurance arrangements are available for persons who have suffered, are suffering or may suffer from subsidence damage from coal extraction.

Mr. Eggar

Decisions on the terms and conditions of insurance cover, and whether to offer cover at all, are matters solely for insurers to determine in the light of their commercial judgment. Where a property has been affected by coal mining subsidence damage, the statutory provisions for dealing with coal mining subsidence damage mean that the cost of such damage is borne by the coal industry. Coal mining subsidence should not therefore be pertinent to decisions on whether or not to offer insurance cover so long as satisfactory repairs have been carried out. The Coal Mining Subsidence Act 1991 provides those affected with a right to require that repairs are carried out to their reasonable satisfaction.

Mr. Hinchliffe

To ask the President of the Board of Trade what discussions have taken place on subsidence compensation between officials of his Department and British Coal property division management; when these meetings took place; what was the outcome; and if he will put their minutes in the Library.

Mr. Eggar

Officials of my Department have had discussions with British Coal on a wide range of issues, including subsidence matters. The Government's policy with regard to subsidence in future is set out in the Coal Industry Act 1994, and in the documentation which my Department has made available, in particular the draft subsidence regulations, the draft guide to claimants' rights, the revised Coal Authority explanatory note, and the revised draft model Coal Authority licensing documents.

Mr. Hinchliffe

To ask the President of the Board of Trade what arrangements are available to provide compensation for subsidence where old mineworkings are shown to be the cause.

Mr. Eggar

Under the Coal Mining Subsidence Act 1991, British Coal is responsible for the repair of, or compensation for, all damage caused by coal mining subsidence in the United Kingdom. The age of mining does not affect claimants' rights, provided that any claim is made within six years of the damage first being noticed.

Mr. Hinchliffe

To ask the President of the Board of Trade where extra costs are identified by companies undertaking repairs to properties suffering subsidence damage; and what safeguards are available to ensure that these are reported and undertaken.

Mr. Eggar

Under the Coal Mining Subsidence Act 1991, claimants have a right to require that repairs are carried out to their reasonable satisfaction. All repairs are at British Coal's cost.