Clause 22 - Failure to comply with notice: fixed penalty notices
Clean Neighbourhoods and Environment Bill
2:45 pm
Mrs Anne McIntosh (Shadow Minister, Environment and Transport; Vale of York, Conservative)
The amendments follow on closely from what the Minister said in his response to the debate on clause 19. He confirms that there will still be recourse to the courts, so these are probing amendments to elicit what facility there will be—particularly where new litter officers are acting as enforcement officers for the first time—to make an offender aware that a failure to pay a fixed penalty notice could result in an increase in the penalty. That penalty could be converted into a court fine and the offence liable to prosecution. We are extending the range of litter officers—that has just been confirmed—and many will be using these discretionary and permissive powers for the first time.
Is the Minister convinced that there will be a mechanism to ensure that an offender is made aware of the consequences of their actions, either of not paying the fixed penalty notice or of the ultimate threat of prosecution? Presumably the matter will still be subject to the right of appeal to a magistrate. In the spirit of helpfulness and co-operation that the Minister is coming to expect from Conservative members of the Committee, I suggest that we insert that there will still be right of appeal against the issuing of fixed penalty notices. We feel that it is important to state that in the Bill, rather than leaving it to pure chance. I hope that the Minister will feel able to support the amendment.