HC Deb 22 May 1991 vol 191 cc511-2W
Mrs. Gorman

To ask the Secretary of State for the Environment if he will make an order declaring Thurrock borough council to be in default of its duties in respect of public health by its decision to end its service of emptying cesspools in part of its area, and ordering it to resume these functions within one month.

Mr. Baldry

No: my right hon. Friend the Secretary of State has no powers to do so. It is acceptable for local authorities to nominate private contractors, by means of competitive tender, to empty cesspools on their behalf. I understand that Thurrock borough council is merely mainatining a list of contractors willing to provide a service: this would not in my Department's view be sufficient to discharge the council's legal obligations to provide a service on request on payment of a reasonable fee. My officials have drawn these views to the council's attention.