Clause 2 - Gating orders
Clean Neighbourhoods and Environment Bill
3:15 pm
Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South and Penarth, Labour/Co-operative)
I was merely responding to the hon. Gentleman's contribution.
I found it difficult to understand some points raised by the hon. Member for Vale of York. For instance, there seems to be a wish to alley-gate roundabouts in the general vicinity of York. I am sure that there is a serious point there about consultation. Of course, consultation should allow people to know about decisions that could affect them.
The clause is important and it gives us an opportunity to streamline local authorities' ability to gate an alley and prevent local people from having their lives ruined by an arrangement in their vicinity, which, if it does not encourage crime and disorder—it is difficult for physical arrangements to do that—appears at least to harbour crime and fails to prevent the crime and disorder that spoils their lives.
The Open Spaces Society's response is therefore disproportionate to the targeted proposals before the Committee. For instance, it opposed the closing off of some alleyways in Manchester, which would affect Manchester's designation as being able to do this in areas where there is an effect on people's lives. That is missing the point.
I do not think that any member of the Committee or any Member of the House wants to close off alleyways or alleyways that are useful, unless their closure would relieve people from the misery of crime and disorder. That is why there is a great deal in the clause that is flexible: it allows local authorities to put in place their own requirements, or to remove them if they are not needed, and to take action on timing if a closure is needed only at night. Such arrangements emerged from our consultation, which included a great deal of discussion with local authorities.
Regulations will deal with those details that are inappropriate for primary legislation. However, as I have already said, primary legislation contains provisions to protect the utilities and so on. I covered that point clearly, so I shall not labour it.
The point was made that it is unclear on whom responsibility for erecting the gate and the cost will fall. The provision is permissive and when the gating order has been made, the council or another occupier of the highway can put up the gate, paid for by the local authority, or it can be done jointly by the local authority and the residents, or it can be done with a Home Office grant. The clause puts the permissive arrangements in place so that the work can be done.
The regulations will be subject to parliamentary scrutiny and I have given an assurance on the extent to which points made during this debate will be taken into account when drafting the regulations and bringing them to the House for consideration.
Question put and agreed to.
Clause 2 ordered to stand part of the Bill.