Clause 22 - Failure to comply with notice: fixed penalty notices
Clean Neighbourhoods and Environment Bill
3:15 pm
Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South and Penarth, Labour/Co-operative)
Again, this matter comes under appropriate training and guidance and ensuring that all the arrangements are in place. The hon. Lady made it clear that she wanted to be reassured on those points. I am happy to give that reassurance. It would be unthinkable that the notice should not include a warning of what might follow were the fixed penalty notice not accepted. Amendment No. 51 seems to be based on a possible misunderstanding. If a fixed penalty notice is issued under the Environmental Protection Act 1990 and is not paid, there is no automatic increase and it is not posted as a fine.
A fixed penalty notice offers an alternative to prosecution. If it is not paid, the local authority may prosecute for the original offence. That is not automatic; nor is any increase. If the individual goes to court, they might get a fine that is higher than the fixed penalty notice level. They might end up with a lower fine. It is a matter of chance. It is also a matter of a lot more administration and public money in order to reach the outcome. That is one reason for setting the right level and for ensuring that magistrates have a good understanding of the way that the local authority's policy is being developed.