Clause 33 - Unlawful display of advertisements: defences
Clean Neighbourhoods and Environment Bill
4:45 pm
Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South and Penarth, Labour/Co-operative)
I must insist on one point: there is no requirement in clause 33 to remove illegal advertisements; that duty is in existing law. However, I agree with the hon. Lady that the powers and prosecutions should be proportionate. Subsection (3) sets out the defence, should things ever get to that point, of the person being able to show that
''the advertisement was displayed without his knowledge''.
That would cover one aspect of her concern. The other defence is that
''he took all reasonable steps to prevent the display or, after the advertisement had been displayed, to secure its removal.''
That does not require the taking of unreasonable steps. The issue is one of being reasonable and proportionate, but making it clear that in some circumstances landowners in urban and rural areas pay little attention to the effect of advertisements on their neighbours and other people who come into their vicinity. The clause sets out a reasonable requirement, not an unreasonable requirement.
Question put and agreed to.
Clause 33 ordered to stand part of the Bill.