Clause 75 - Use of fixed penalty receipts
Clean Neighbourhoods and Environment Bill
11:00 am
Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South and Penarth, Labour/Co-operative)
I am grateful to the hon. Gentleman for showing that he has got the general message that if there is no problem, the council should not solve it. If there was no problem and the council did solve it, there would be no income, because there would be no one to prosecute. It would follow that the burden was self-inflicted, rather than imposed by the Bill.
The hon. Member for Vale of York clearly has a problem with devolution, delegation and, indeed, local government generally. She wants it all to be the same size, to have the same problems and to deal with those problems in the same way. She used the term ''discrimination'' in relation to the application of income from fixed penalties, but there are clearly differences between local authorities. A local authority that has a problem may have a certain amount of income from fixed penalties; an authority that does not have a problem will not have that income. That is not discrimination; it is simply that a local authority has to deal with whatever problems it has locally.
I am delighted that the hon. Lady's bedtime reading includes so many of the Department's excellent publications, although I must say that I would not search for massive illumination in regulatory impact assessments. It is right that we have to assess the regulatory impact of any legislation, but of course, in advance of legislation, we cannot be certain of the outcome. We have to give the best possible estimate, based on what information is available, rather than on experience after the event. Clearly, costs, as well as the nature of a problem, may vary between local authorities. It is for a local authority to decide whether and when to prosecute in default of payment. Ultimately, we favour freedoms and flexibilities for funds to be used initially in the direct area of activity, but as local authorities meet the tests and become excellent councils, they will apply the funds as they think appropriate.
Question put and agreed to.
Clause 75 ordered to stand part of the Bill.