Clause 75 - Use of fixed penalty receipts
Clean Neighbourhoods and Environment Bill
11:00 am

Photo of Mrs Anne McIntosh

Mrs Anne McIntosh (Shadow Minister, Environment and Transport; Vale of York, Conservative)

If I understood the Minister and the Government are still consulting about the range of fees, obviously what follows on in clause 75 is the fact that the income and the revenue derived from those fixed penalty receipts will vary between councils. That seems a little discriminatory. With reference to existing fixed penalty notices in existing legislation, Westminster city council has a very good record of implementing them and chasing offenders. We have noted that other councils, such as Bath, do not.

I remind the Minister and the Committee that there is an excellent table on page 86 of the Department's full regulatory impact assessment for the Bill. Will the Minister explain the basis on which it is estimated that 500 fixed penalty notices will be issued in respect of the nomination of a key holder? Let us say that the amount on a notice will be £75. Apparently, prosecutions are expected to flow from only 20 per cent. of the 500 notices issued, so 100 prosecutions is the conservative estimate. The yield on a 25 per cent. basis is, I believe, £125 million up and down the country. Perhaps the Minister could confirm that figure.

The suggestion is that for all that we have seen in this part of the Bill and for all the administration that local authorities are being asked to undertake, the income that will derive from fixed penalty receipts could vary and may not reflect the cost of issuing fixed penalty notices and pursuing receipts. I repeat that where there is a discrepancy and discrimination between local authorities, receipts will obviously be used for variable purposes. The situation is unfair for local authorities where notices do not yield so much income.

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