§ Mr. BeggsTo ask the Secretary of State for Northern Ireland what is the Department of the Environment (Northern Ireland) policy in respect of acceptance of liability in respect of claims submitted for damage to motor vehicles when failure to maintain the carriageway is alleged. [7373]
§ Mr. MossArticle 8 of the Roads (Northern Ireland) Order 1993 allows vehicles damage compensation claims to be made against the Department for failure to maintain the road. The same article, however, provides the Department with defences to such claims. If, for example, the Department can show that it operated a reasonable system of inspection and repair of the road in question, there is no entitlement to compensation and a claim in such circumstances must be refused. It is the policy of the Department to investigate fully all damage claims made against it and after a thorough investigation a decision is taken either to settle it, reject it or refer it to another party, for example, a contractor.