Clause 9 - Duty not to exceed allowances
Waste and Emissions Trading Bill [Lords]
10:30 am

Mr Norman Baker (Lewes, Liberal Democrat)
I do not regard the amendments as contentious either, but I am not sure that I share the hon. Gentleman's optimism that the Minister will grab them with both hands and incorporate them in the Bill. Time will tell. We shall find out shortly. I shall deal with the amendments as they are set out in the group. Amendment No. 48 ensures that
''Waste disposal authorities are the responsibility of the allocating authority and any penalty must be specific to the offending waste disposal authority only''.
That is common sense. No one could possibly object to that principle. Although it is not spelled out in the Bill, I am sure that it must be the Government's intention. I cannot think that they intend anything else. That is therefore uncontroversial and sensible and should be incorporated in the Bill.
Similarly, amendment No. 49 qualifies ''penalty'' with ''financial''. Perhaps we take it for granted that penalties are financial but it does no harm to ensure that that is the case. That is equally uncontentious. I am happy to tell the hon. Member for South Holland and The Deepings that amendment No. 3, which stands in my name and that of my hon. Friend the Member for Guildford, replicates an amendment tabled by his Conservative colleagues in the House of Lords. It was not drawn up by me on the train, although the other one was. I was delighted to see that amendment tabled in the House of Lords under the Conservative banner, not least because hypothecation has long been a Liberal Democrat concept. I welcome the fact that its influence is spreading to the Conservative Benches.
It is absolutely right that hypothecation should play a role in the Bill, in wider environmental legislation and, indeed, in legislation generally. In that respect, it seems to work well in certain areas—in relation to speed cameras, for example. I hope that the Government will consider using it more widely, because it has public support.
