Clause 13 - Guidance
Clean Neighbourhoods and Environment Bill
9:25 am
Mrs Anne McIntosh (Shadow Minister, Environment and Transport; Vale of York, Conservative)
That makes the guidance even more appropriate. I understand that the Environment Act 1995 sets out clearly the appeals procedure against remediation notices, that the right of appeal will exist and that an appeal would be to a magistrates court. Can the Minister confirm whether that legislation still exists, or is he saying that clause 13 will usurp it and there will be no scope for appeals at all?
It has been put to me firmly that landowners and particularly the NFU will want to be consulted before the guidance is drafted and issued. I imagine that a raft of other organisations, such as utility companies—perhaps not the best example—could be affected by the provision on abandoned vehicles. Will the Minister look favourably on the NFU's specific request? Which organisations will be consulted? Presumably, motoring organisations, such as the AA, the RAC and the Society of Motor Manufacturers and Traders Ltd., will want to be consulted and that that will happen.
Such organisations would like the guidance to cover a situation in which an abandoned vehicle, as defined by the guidance notes on clause 13, has a current tax disc and a registration plate and is therefore road legal. Will sufficient time be allocated to tracing the vehicle owner? The Minister alluded to the relevant clause and said that the period was seven days, but will the guidance notes allow for discretion? In relation to other provisions in this part, he confirmed that all the powers and duties are discretionary. Will the guidance say that the powers are discretionary? If so, that raises the question of what purpose the Bill serves.
All local authorities are extremely alarmed—this has been expressed through the Local Government Association in particular—that the costs of removal will be extremely high and possibly disproportionate, and that is on top of the other duties that authorities are being asked to perform. Will the guidance notes make it clear to what extent this provision should be a priority as opposed to other rights and duties and the additional responsibilities that the Government have imposed on authorities over the past seven and a half years?
Much will depend on the guidance and what precautions the Minister imagines it will provide to ensure that there is uniform application throughout the country. If the provisions of part 2 are dealt with in a widely disparate way, that will negate any beneficial aspects. It would therefore help to have the confirmation that I requested. Who will be consulted? Are the Government minded to consult landowners and, in particular, the NFU?