Clause41
Commons Bill [Lords]
1:45 pm
Elfyn Llwyd (Parliamentary Leader; Meirionnydd Nant Conwy, Plaid Cymru)
The amendment, which would place a duty on local authorities is reasonable, and would improve the Bill. The question is whether they have the necessary money and expertise to take enforcement action. I understand the principle, and it is a good idea.
I should like to ask the Minister one or two questions, given that we did not succeed in the attempt to bring proportionality into clause 38 by inserting the word “materially” to avoid de minimis cases. The enforcement duty for infringements will lie with county councils, local authorities and parish councils. That will open it up to every person on the street. It is to be hoped that people will not use the law for the wrong reasons or pursue minor infringements such as the use of temporary pens for collecting sheep, butts for shooting and so on. That is a danger.
We have had this debate twice before, and I do not want to delay matters. The Minister says that the county court will not make an order, but getting that far is a waste of the court’s time and everybody’s money. It is undesirable that the Bill should leave an avenue open for people to take what might well be vexatious action for whatever reason—they might have a personal grudge; I do not know. I am concerned about the provision, because it could be misused.
My second question for the Minister is whether, having given individuals the right to litigate by taking such matters to court, the clause would enable them to take enforcement action against perceived existing breaches as well as future ones. I can anticipate his response to my first question, because we have been over that ground, but I should like him to respond to my second question about whether the clause would cover existing breaches.