AQW 7166/22-27

Mr Eóin Tennyson
Alliance Party
Upper Bann

Tabled Date: 21/02/2024
Answered On Date: 07/03/2024
Priority Written: No

Question:
To ask the Minister for Infrastructure whether his Department can intervene on disputes between DfI Roads and BT regarding the liability of payment of damages, resulting from potholes in the vicinity of BT infrastructure.

Answer:

My officials write to third parties like BT when the Department’s investigation confirms their involvement in roads related public liability claims. In addition, officials present appropriate evidence to support the referral of claims and advise claimants when their claims have been referred to third parties.

I can confirm that my officials have recently written to BT about its rejection of a number of specific cases which were referred due to defects associated with its works and infrastructure.

As it is ultimately the Courts who may decide where liability rests in respect of roads related litigation cases, it would not be appropriate to comment on specific cases. I can, however, confirm that BT has been informed of the Department’s position on liability for claims pertaining to defective utility reinstatements and/or apparatus. My Department will continue to work with claimants and third parties to ensure such cases are handled appropriately.