Clause 20 - Litter clearing notices
Clean Neighbourhoods and Environment Bill
10:15 am
Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South and Penarth, Labour/Co-operative)
I am tempted to refer to the hon. Members for Vale of York and for Guildford (Sue Doughty) as Scylla and Charybdis, because they tempt me in opposite directions by the amendments that they have tabled.
Amendment No. 28 would remove the requirement to clear an area within 28 days. It will be impossible for local authorities to secure a clean local environment if no time period is specified for the litter clearance. A minimum period of 28 days from the service of the notice must be allowed for the required clearing of the litter in order to give the occupier or owner sufficient time to carry out the action required. Removing that period would make the provision impossible to enforce. It would also remove local authorities' powers to specify the standard to which land must be cleared of litter or refuse. The power to make it clear to people what they have to do was strongly supported in the consultation exercise. I am not at all tempted to support amendment No. 28.
Amendment No. 73 would increase the period to 56 days. If anyone in the Committee is arithmetically challenged, that is double the period of 28 days. It seems odd to suggest such a long time. That would introduce further delays in cases in which the local environment is already degraded and where clean-up action is required. The 56-day period is a long time for people to have to continue to tolerate a situation when the local authority has concluded that an order is necessary. It is unlikely that an order is made on the first day of the problem, and it is very unlikely that an owner or occupier would come forward during the additional 28 days allowed by the amendment.
A 28-day period is reasonable. We considered much shorter periods than that during the consultation, but local people who adjoin such pieces of land often wanted that done within seven days, six days, or two days—in fact, they preferably want it done now. Of course, that is not practical. We need a time scale and we think that 28 days is reasonable, effective and generous.