To ask the Minister for Infrastructure who is responsible for enforcing the clearing of debris created by site traffic around new housing developments.

Article 7 of the Litter (Northern Ireland) Order 1994 places a duty on District Councils to ensure that all roads within their area, with the exception of designated roads, are, so far as is practical, kept clear of litter and detritus. My Department is responsible for keeping Designated Roads, such as the motorways, clear of litter and detritus.

Other deposits on the road which are likely to cause an obstruction or danger are offences under Articles 94(1) or 95(1) of the Roads (NI) Order 1993 and are dealt with by the PSNI. However, such deposits on the road must be deemed by the PSNI to constitute a danger to persons using the road before proceedings are initiated.

While the responsibility for any prosecution would lie with the PSNI, the objective of enforcement is, however, not so much to secure convictions and to impose penalties, as to restore the condition of the road, and/or to discourage other potential offenders. Where my Department’s interests can be protected by persuasion, rather than prosecution, so much the better.

To this end my officials monitor roads on a regular basis and, when they can be clearly identified, any offenders are instructed to clean a road when it is unduly dirty. The PSNI are also informed, and if the offenders do not co-operate, they may consider taking action.

In certain circumstances, particularly in the interests of road safety, my Department may carry out whatever operations are necessary to restore the road condition and may subsequently seek to recover costs from the offender if possible.