§ Mrs. Iris RobinsonTo ask the Secretary of State for Northern Ireland what the position is in relation to the payment of compensation for motorists involved in the Gransha Road, Dundonald, road surfacing problems of two years ago; and when payments will be made to those whose vehicles were damaged. [187514]
§ Mr. SpellarOn 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 Limited.
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, approximately 400, to the contractor, Tullyraine Quarries Limited, in accordance with proper legal and audit practice and procedure.
The Department maintains its position that legal responsibility for the claims lie with its contractor, Tullyraine Quarries Limited. 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 Limited and Lagan Bitumen Limited. Those proceedings in the County Court were however removed to the High Court on 30 January 2004. That ongoing court action is proceeding as a test case.
The Department cannot comment any further as the legal issues are now subjudice.