Clause 11 - Notice of removal
Clean Neighbourhoods and Environment Bill
5:15 pm
Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South and Penarth, Labour/Co-operative)
I am a little puzzled because most of the time it seemed that the hon. Lady was speaking against her amendment, which would enable a local authority to remove immediately from private land any vehicle it considers has been abandoned. That would not require the agreement or consent of the landowner. I am convinced that that goes too far. It would amount to a major interference with private property and would almost certainly be contrary to the European convention on human rights. Consultation on reducing the 15-day notice period in 2001 showed that it was strongly opposed by classic car organisations, among others.
I shall clarify the position. We want action to be taken quickly when cars are abandoned, but we do not want to cause unintended damage to individuals as a consequence. Classic car organisations, including the British Historical Vehicle Club Federation, which represents the views of 350 organisations, which between them have 250,000 members, stated that it was concerned that one man's treasure could be deemed detrimental by a local authority. Someone could return from holiday to find that their car, which they had left on their private driveway, had been removed. A reduction, let alone the removal, of a notice period would leave the Department open to legal challenge on the grounds of proportionality, and the proposal was therefore dropped.
Some of the hon. Lady's other remarks were more about the clause than the amendment. It might therefore be more appropriate to respond to them in the clause stand part debate.