Clause 15 - Notice of removal
Clean Neighbourhoods and Environment Bill
9:45 am
Mrs Anne McIntosh (Vale of York, Conservative)
Perhaps we could debate clause 15 before we move on to clause 16. It is not accurate for the Minister to say that we have already debated those issues. We debated the issues with regard to nuisance cars and abandoned cars. However, we are now dealing with a separate category of illegally parked vehicles. Having three separate categories—nuisance cars, abandoned vehicles and illegally parked vehicles—will lead to a great deal of confusion. It may be that, having had the benefit of scrutinising the Bill, members of the Committee have no problem with understanding it, but it will be very confusing for members of the public. Can the Minister give us an idea of the philosophy behind creating three separate categories rather than one category?
I understand from the Royal National Institute of the Blind that illegally parked cars make life extremely difficult for those who are blind or partially sighted. Where such vehicles obstruct the pavement, blind and partially sighted people may knock into them; they and other pedestrians may be forced into the road to pass them, which can be frightening and daunting and put them into greater danger. I understand the reasoning relating to illegally parked cars, but I want to know why the Minister has created three separate categories.
Does the Minister not accept that by creating those three separate categories, his Department and the Government are causing the provisions of part 2 of the Bill to become bureaucratic, burdensome and cumbersome? Moreover, will he confirm that clause 15 does not change the fact that the legislation is discretionary—that it provides only the power to act, but not the duty to do so? What, therefore, is the point of including the clause? If the clause is discretionary, what incentive will there be for local authorities to implement it, particularly if they are already up to the limits of their spending commitments, and subject to a 5 per cent. cap in the financial year 2005-06?
I invite the Minister to confirm that creating three different categories adds to the confusion and bureaucracy surrounding the Bill and that there is no real incentive to any local authority to implement clause 15 or part 2 of the Bill.