Who's responsible for footpaths?

Over the past few weeks, officials, including councillors, have been under attack from Ballymoney ratepayers about the treacherous state of the footpaths, and roads, which has resulted in numerous reports of injuries.

At the request of Mervyn Storey, MLA, the Chief Executive facilitated the meeting with representatives from the Chamber of Commerce, DRD Roads Service, Council officials and the MLA on Thursday, December 31.

A huge number of town businesses and shoppers also attended and called for answers as to who was responsible for removing the snow and ice from pavements and pathways.

Speaking at last Monday’s Full Council meeting, the Chief Executive, Mr John Dempsey presented a short report on the meeting to councillors.

He explained: “The meeting attracted a substantial level of representations from town business and shoppers expressing concern over the severe conditions, the worst in almost 30 years.

“The meeting identified peoples’ concern and issues, not least the question of liability where others took action to clear the footways and the need to seek a satisfactory resolution to the problem.

“Arising from the meeting a number of matters need further clarification and a report will be brought to Corporate and Central Services committee at a later date. Among the issues to be clarified are: What is the current legislative position as regards responsibility for removal of snow and ice from footways? What are the implications for other people (e.g. local traders) if they get involved in clearing snow and ice from footways? How might Council tie into the external contract arrangements operated by Roads Service, if it was minded to do so?”

The Chief Executive also explained that since 1973 responsibility for roads and footways moved from Councils and transferred to DRD Roads Service.

He added: “However because of the problems being experienced and the degree of public concern the matter has been raised with Roads Service with a view to finding a solution to the problem.”

However Cllr Storey highlighted: “That may be so but even today I still couldn’t get an answer from Roads Service as to who is responsible and the legal position.”

In response Cllr John Finlay thanked Cllr Storey for his hardwork and raising the issue adding ‘it was a very profitable meeting’.

He continued: “I have great sympathy for those injured but the Chief Executive is right, we are not responsible.

“We are having an extremely harsh time with the weather and I am frequently being stopped in the street by people complaining about the state of the pathways. I really hope we can soon get a resolution.”

Mayor Frank Campbell also thanked Cllr Storey continuing: “I am frequently being stopped to. But people are not complaining about the council but are asking the council to put pressure on Roads Service to clear the area.”

Agreeing Cllr James Simpson said: “I’ve even been trying to avoid people - I’ve been stopped that much. It may not be our job but we do have a responsibility to get this matter resolved.”

Cllr Cecil Cousley also said he had ‘received a lot of phone calls’ adding: “I was one of those who fell outside the clock in the town centre. Thankfully someone came to pick me up.

“I recently had visitors from Canada who were shocked at the way we deal with this. In Canada they have 24 hours to clear their own patch from ice and snow or they are fined. They couldn’t understand our ‘bad law’ where people could take action if they fell outside their area.”

Having heard all the comments, Mr Dempsey explained that a scheme had been considered in 2004 where council would have taken on some responsibility for clearing footpaths. However he said that it was ‘a flawed scheme’ and the original concerns had not changed.

Whilst admitting again that he had got no answers from Roads Service about responsibility, Cllr Storey also commended them explaining that some staff in Market Street had been subjected to unacceptable abuse in an incident where the police had to be called.

He continued: “Roads Service work very hard. They have a job to do and it’s not easy for them. They to have families and are being dragged out at all hours of the night in all weathers.

“Whether it’s council or DRD, no one wants to hold up their hand and say ‘let’s just do what has to be done and worry about the consequences after’.

Cllr Harry Connolly also took part in the debate stating: “We’re trying to encourage people to shop in Ballymoney and yet they can’t walk on the footpaths, no wonder were getting the blame.

“But it must be noted that the roads in Ballymoney are paradise compared to Loughgiel and Corkey.”

Concluding Cllr Tom McKeown wanted to clarify shopkeepers’ liability in the case of a person who injures themselves on a footpath cleared by a shop owner.

“When I had a shop in the town businesses would clear their own area every morning. It only took 10 minutes and made it safe for shoppers,” he added.

Offering reassurance, Cllr Storey said that the issues of concern would be put to the Minister in the assembly and that the legal matter relating to the footpaths issue would have to be clarified.