Clause 15 - Applications: types of abstraction licence
Water Bill [Lords]
9:30 am
Mr Elliot Morley (Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs; Scunthorpe, Labour)
Let me try to reassure the hon. Gentleman. He is mistaken about what he expects the Bill to contain in relation to an appeal process. Appeal processes are clearly established. There is nothing unique about an appeal process in the Bill; most legislation has an appeal process. Although the reference is always to an appeal to the Secretary of State, in reality an appeal will be to an inspector, who will deal with it in the proper course of law in the
appeal courts structure and make a recommendation to the Secretary of State. That is the actual procedure. In practice, there will always be an opportunity to make representations on any of these issues, because apart from the normal guidelines and appeal processes, which this legislation follows, it is also required by the Human Rights Act 1998, to which the Government are signatories and with which all our legislation must comply.