HC Deb 07 October 2003 vol 411 c209W
Mrs. Iris Robinson

To ask the Secretary of State for Northern Ireland if he will make a statement on claims made by members of the public in 2002 about tarmac laid on the Gransha Road, Dundonald. [130986]

Mr. Spellar

On 25 July 2002 routine surface dressing work was carried out on behalf of the Department at Gransha Road by its measured term contractor, Tullyraine Quarries Ltd.

On 29 July 2002 reports were received about the failure of the surface dressing and of a substantial number of vehicle damage claims caused by this failure.

The failure was investigated by the Department and these investigations led to the Department referring all the Gransha Road vehicle damage claims then known, approximately 400, to the contractor, Tullyraine Quarries Ltd., in accordance with proper legal and audit practice and procedure.

The Department maintains its position that legal responsibility for the claims lies with its contractor, Tullyraine Quarries Ltd. The contractor has not to date conceded responsibility and the claims remain outstanding.

One of the motorists, who sustained vehicle damage on 29 July 2002, issued legal proceedings on 22 July 2003 against the Department, Tullyraine Quarries Ltd. and Lagan Services Ltd. This on-going court action shall proceed as a test case.

The Department cannot comment any further as the legal issues are now sub judice.