Clause 12 - Disposal
Clean Neighbourhoods and Environment Bill
9:25 am
Mrs Anne McIntosh (Shadow Minister, Environment and Transport; Vale of York, Conservative)
May I warmly welcome you to the Committee, Mr. Forth, and say what a particular privilege it is to serve under your illustrious chairmanship?
Clause 12 deals with disposal. I was slightly concerned and surprised to hear at the end of Tuesday's sitting that not only has the Minister accepted that there is no definition of ''abandoned cars'', which I had worked out for myself, but that there is no definition of ''fit for disposal''. There is, therefore, potential for confusion in implementing the clause.
Subsection (2) means that the provision applies
''in the case of a vehicle, which in the opinion of the authority is in such a condition that it ought to be destroyed''.
Will the Minister specify how authorities might have a different opinion of what condition that ought to be? Does he not find it regrettable that there may be wide variations across the country in interpreting that phrase? We certainly find that disappointing.
Some concern has been expressed by farmers, particularly through the National Farmers Union, about how disposal will be treated in urban and rural areas. In their view, subsection (2) focuses on vehicles to be destroyed after their removal from roads. Will the Minister address the particular case of disposal of vehicles in the countryside? Is the presumption that the vehicle has been placed on the land wilfully, and is therefore subject to disposal by its owner, who may not own the land? What precautions must the relevant authority take?
I have studied the clause carefully, and I cannot see anything relating to appeals, but it may be that my reading is not sufficiently accurate. Will the Minister guide the Committee as to what possibility there is to appeal? If an appeal is to be made to a magistrates court, how long will it take for it to be dealt with?
Subsection (4) covers the definition of ''licence''. How does the Minister expect that to be interpreted? In relation to clause 11, he said that a vehicle would be taken away. What means of disposal are available under section 4(1) of the Refuse Disposal (Amenity) Act 1978? For the benefit of landowners and farmers, will he confirm that the local authority will be charged the cost of a vehicle's removal, disposal and destruction, and not those who may be innocent parties? Will he assure us that the Bill will be uniformly applied across the country, that those living in the countryside, in particular in remote areas, will be considered, and that there is a right of appeal?