My Lords, I have listened to the argument with interest and some incredulity. Seeking to compare the number of deaths on the railways with the number of deaths on the roads ignores major differences between the two forms of transport. The roads are essentially a matter for individual drivers and many accidents and deaths are caused by serious driver error. It can be because the vehicles have not been properly inspected. Older vehicles always have to have annual road testing. Of course, there are many other causes, such as the terrible bonfire that swept smoke right across the motorway and caused serious accidents. But none of those can conceivably be laid at the door of the highways authority.
The design of the roads, signposting, warning signs and a whole range of things are the responsibility of the highways authority and would be the responsibility of the strategic road company, but a great many of the
issues for which the strategic highways authority would be made directly responsible—the noble Lord, Lord Whitty, talked about legal liability—cannot conceivably be laid at the door of that authority. The language that he has used in his various amendments simply does not draw the distinction between issues that are clearly the responsibility of other authorities, notably the whole question of licensing, inspection and testing of vehicles and the question of skills of drivers and so forth. I do not see how the highways authority could be made responsible for all that.
I studied the noble Lord’s amendment and listened to his eloquent speech in which he made it clear that he has a very real interest, although non-pecuniary, in road safety, but it is overstepping the mark to try to lay the liability for that sort of thing at the doors of the strategic highways authority. I will listen to what my noble friend says having studied her amendments on this issue with interest. For the moment, I am not persuaded on this occasion by the noble Lord, Lord Whitty.