Clause 69 - Designation of alarm notification areas
Clean Neighbourhoods and Environment Bill
9:45 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. Lady for her contribution to the debate. I am happy to give her the explicit clarification that she seeks. The creation of an alarm notification area creates a legal obligation on anyone in that area with an audible intruder alarm to register with the local authority; it will be a criminal offence not to do so. In those circumstances, it is important that everyone likely to be affected is told of the plans to create an alarm notification area and of the decision to designate such an area. That is the reason for the provision that the amendment would delete.
As I said, failure in a mailing round, if that is the means adopted, by accident or exception, would not invalidate the order. Individual notification by mail is not the only way in which the information could be given. Individual notification at the outset of designation or undesignation would not necessarily have to be a dedicated mailing; notice could be included in council tax bills, as the hon. Member for Guildford suggested. I confirm that that would be acceptable within the provisions of the Bill. The notices could also be included with news letters or other mailings, provided that they were likely to be received in advance of the decision to designate or undesignate an area taking effect.
These are common-sense provisions that people should be aware of the requirement on them which it will be a criminal offence not to observe. If there was a prosecution, the court would take into account matters such as the fact that an individual had been unaware of the requirement. An individual omission could be dealt with in that way. It is surely sensible to ensure that as far as is practicable everyone in an area knows that they have that obligation, not least so that they can observe it and the nuisance to the neighbourhood can be avoided.
I hope that, having heard my explanation, the hon. Lady will accept my assurance and ask leave to withdraw the amendment.