Clause 32 - Enforcement notices, and related procedures and offences
Water Bill [Lords]
4:45 pm
Mr Elliot Morley (Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs; Scunthorpe, Labour)
Yes, I think that I can help the hon. Gentleman. We need to have a phrase such as ''significant environmental damage''. We have been discussing the worries of current licence holders, and I have tried to assure them that the agency's attitude to the tests will be reasonable and that people's legitimate interests will be taken into account. That is important because our debate will be listened to by people outside the Committee.
We do not want a power that triggers the removal of licences for small issues. The issue has to be significant. Significant damage relates to a wide range of environmental harms, including illegal activity and activities that are unlicensed or go beyond the terms of the licence. It is a test of the character of harm.
We have asked English Nature and the Environment Agency to consult and to issue guidance on how those tests will be applied. I am sure that the hon. Gentleman will be interested in that.