Clause 15 - Notice of removal
Clean Neighbourhoods and Environment Bill
9:45 am
Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South and Penarth, Labour/Co-operative)
That was more of a Second Reading speech than one dealing with the provisions of the clause. We have not just picked up previous legislation and looked for where we can insert amendments. We have examined the powers and responsibilities that exist for local authorities under previous legislation, and discussed with them, and with a wide variety of other organisations, the current circumstances and what is necessary to deal with them.
The reason why there are different categories for illegally parked vehicles and abandoned vehicles is answered by the hon. Lady's contribution. It is blindingly obvious that a vehicle that has not been abandoned may be a real pain in the neck for local residents and certainly for blind or disabled people or people pushing a pram on the pavement. It may create all sorts of difficulties.
What legislation has to do—this is already in existing legislation—is to reflect the realities of the situations that we are trying to tackle. In another outburst of excessive centralism that we are finding familiar from the Opposition Members—when they are not asking for centralisation to be removed, usually in the same sentence—the hon. Lady seems to want us to stipulate precisely what local authorities should do in a variety of circumstances. The whole philosophy behind the clause has been one of partnership.
When we launched our initial consultation, we did so by saying to local authorities, local people, local organisations, representatives of national organisations and others that we wanted to reflect reality and simplify and clarify powers, rather than create new burdens for local authorities. Local authorities have made it clear that, although they would always welcome greater contribution from central Government, they really want the powers in the Bill to enable them to do their job more effectively and efficiently with the resources available to them. I am tempted to develop that point. The message that came through from the ENCAMS report was that it was not the level of resources and how they were used that resulted in variations in performance and effectiveness up and down the country. However, I am sure, Mr. Forth, that I would not get too far down that path before being drawn back to the clause in front of us.
As I said, we have already dealt with a parallel clause, so far as the generalities are concerned. Clause 15 amends the 1984 Act by disapplying the requirement to serve a notice on an occupier where the vehicle is on the road and removing the requirement to serve a 24-hour notice where the vehicle is in such a condition that it is considered fit only for destruction. The word ''road'' is not restricted to the public highway, but includes all those to which the public have access, and will in many cases include private roads running through estates. I hope that we can agree that the clause stand part of the Bill.