To ask the Secretary of State for Northern Ireland what evidence he has assessed on the effect of road excavation in streets by utility companies on the lifespan of streets. (115840)

The Chief Executive of Roads Service (Dr. Malcolm McKibbin) has been asked to write to the hon. Gentleman-in response to this question.

Letter from Dr. Malcolm McKibbin, dated 16 January 2007:

You recently asked the Secretary of State for Northern Ireland a Parliamentary Question regarding, what evidence he has assessed on the effect of road excavation in streets by utility companies on the lifespan of streets.

As this issue falls within my responsibility as Chief Executive of Roads Service, I have been asked to reply.

I should explain that road structures have a limited lifespan and can deteriorate for many reasons, including road openings by utility companies and no matter how well these are reinstated they inevitably weaken the road structure.

Over the last decade there has been extensive research carried out, both here in the UK and North America, into the long-term damage of the road pavement caused by road openings by utility companies. In assessing the effects of road openings, Roads Service like many other road authorities in the UK has considered the outcome of the detailed research carried out by the Transport Research Laboratory (TRL). The Department of Transport and County Surveyors’ Society jointly funded two reports and these are the most recent and perhaps pertinent publications considered by Roads Service as part of our assessment into the residual life of utility reinstatements. These reports are:

1. Long Term damage Performance of Reinstated Trenches and their Adjacent Pavements. Part (1) Literature Review by M. Zohrabi and MH Burtwell. TRL Report No. TRL 572

2. Long Term damage Performance of Reinstated Trenches and their Adjacent Pavements. Part (2) Long Term Performance of Reinstatements in the Highway by DP Steele, W McMahon and MH Burtwell. TRL Report No. TRL 573

It is worth noting that the need for the premature resurfacing of streets was also highlighted in the Traffic Management Act 2004, with an explanation of concerns covered in the associated Regulatory Impact Assessment.

Further research into long-term damage to road structures is currently being advanced by TRL and Roads Service will consider carefully, the conclusions and recommendations of their report.

To ask the Secretary of State for Northern Ireland (1) whether the Draft Street Works (Amendment) (Northern Ireland) Order will require a full cost-benefit analysis to be carried out as part of the legislative process; (115843)

The Chief Executive of Roads Service (Dr. Malcolm McKibbin) has been asked to write to the hon. Gentleman in response to this question.

Letter from Dr. Malcolm McKibbin, dated 16 January 2007:

You recently asked the Secretary of State for Northern Ireland three Parliamentary Questions:

(i) whether the Draft Street Works (Amendment) (Northern Ireland) Order will require a full cost-benefit analysis to be carried out as part of the legislative process;

(ii) what factors were taken into account when deciding that the Draft Street Works (Amendment) (Northern Ireland) Order should take into account works undertaken by (a) the Department for Regional Development Roads Service, (b) private developers and (c) other non-utility companies; and

(iii) if he will undertake a further consultation on the impact of costs arising from the Draft Street Works (Amendment) (Northern Ireland) Order on the utility consumer.

I have been asked to reply as the issues raised fall within my responsibility as Chief Executive of Roads Service.

With regard to the issues raised in your first and third questions, the Street Works (Amendment) (Northern Ireland) Order itself will not have any direct cost implications. However, it is possible that regulations to be made under the Order would have cost implications for the utility companies. As a result, there mil be further consultation and a full Regulatory Impact Assessment (RIA) completed in relation to each set of draft regulations. A cost benefit analysis is a central analytical component of the RIA, However, it should be noted that the provisions of the Order mil not directly impose any additional costs on utility customers. Whether utilities pass on any element of additional costs to their customers is a matter for the utility in question and its regulator.

Turning to the second of your questions, the Department, at an early stage, considered the application of certain provisions of the Draft Amendment Order to works, other than street works, on roads. Since those issues were outside the legislative scope of the proposed Street Works (Amendment) (Northern Ireland) Order, legal advice was sought on the most appropriate way to proceed. The advice received was that if the Department proposed to apply those measures to other works on wads they should be taken forward through the amendment of the appropriate legislation. I expect we will consider doing so in due course, but we have a high workload and no immediate plans to do so.