Clause 6 - Power to give fixed penalty notices
Clean Neighbourhoods and Environment Bill
4:15 pm
Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South and Penarth, Labour/Co-operative)
The hon. Gentleman makes a valid point, which I shall not repeat. There is a serious argument about unpaid notices needing to be chased up if there develops a sense in which they mean that nothing happens, rather than prosecution and, therefore, the likelihood of a heavier penalty and more inconvenience, which would be detrimental.
The hon. Member for Vale of York asked what level the penalty might rise to. That will be a matter for the House. Penalty notices will be fixed if a change is made by statutory instrument, and therefore the normal parliamentary scrutiny will apply. The purpose of the provision is to put in place the lesson that very often a fixed penalty notice can be a simple and effective means of conveying the point that certain activities are not acceptable. It is one way of ensuring that a clear, early signal is sent about that type of company activity, but I agree that, if necessary, prosecution should apply. We need to consider the level of penalty to ensure that it is sufficient to make it not profitable to break the law.
Question put and agreed to.
Clause 6 ordered to stand part of the Bill.