Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South & Penarth, Labour/Co-operative)

On the last point, such issues will be dealt with in a common-sense way by the local authorities. It will issue guidance and make it clear to those to whom a notice is given of the designation of an area exactly how they must carry out their requirements. It is the responsibility of the responsible person to do it properly. Clearly if the local authority spotted that it was not being pursued in the right way, it would raise that with the individual. Responsibility must rest with the responsible person.

The clause essentially provides the back-up provision to deal with those who are casual about their responsibilities and flout the interests of the local community by failing to do what they are supposed to do. I would be extremely surprised if a local authority did not first point out to someone who was failing to comply with the requirements that they were subject to a criminal conviction and invite them to comply, not least because that would avoid the cost of undertaking a prosecution. An authority could go straight to a prosecution if someone was flouting the law and clearly had no intention of complying. The court would take account of the circumstances in deciding whether a person should be found guilty and what punishment should be given out. I am certain that the proportionality of our system of prosecution would deal with those issues.

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