Clause 98
Local Government and Public Involvement in Health Bill
10:45 am

David Burrowes (Enfield, Southgate, Conservative)

I have a quick question on the clause. Given that the central confirming role of the Secretary of State is not necessary in relation to certain prescribed subjects, why not give the power of enforcement in relation to those subjects to which the alternative arrangements apply? The Secretary of State is willing to devolve powers to create some byelaws, so why not allow enforcement in respect of those subjects that have been prescribed in that manner without having to go back to the Secretary of State for confirmation?

Phil Woolas (Minister of State (Local Government & Community Cohesion), Department for Communities and Local Government; Oldham East and Saddleworth, Labour)

Let me explain what we are trying to do, which I think will answer the point arising from clauses 98 and 99. Clause 98, which refers to fixed penalties for breach of byelaws, gives the Secretary of State the power to make regulations that will provide for the enforcement of the types of byelaws specified in the regulations through fixed penalty notices as an alternative to enforcement through magistrates courts. Fixed penalties are an established way of dealing with low-level environmental nuisances, such as dog fouling and graffiti. Extending fixed penalties to the enforcement of certain byelaws will be consistent with their use in other areas and allow a co-ordinated approach by the local authority and Departments. Fixed penalties provide an effective deterrent and avoid the cost of court action.

Initially, we intend that the new arrangements will apply only to byelaws that are subject to the alternative procedures set out in the previous clause. In future, other Departments with policy responsibility for byelaws may, following consultation, decide that it would be appropriate to make use of the new powers. I am repeating the point that I made to the hon. Member for Carshalton and Wallington on his amendment. The clause also confers on the Secretary of State the power to make regulations that specify the range within which the amount of a fixed penalty must fall.

Where a range has been specified, local authorities may choose to set an amount within that range. If no range has been set, local authorities will have the freedom to set the penalty. Where the local authority does not specify a penalty for the breach of a byelaw, the clause provides for a default amount of £75. Giving local authorities the ability to vary penalties and offer discounts for early payment will enable them to take account of local conditions and to encourage early payment of fines.

The clause empowers the Secretary of State to make an order to change the default amount as necessary so that the level remains in line with similar low-level offences. The clause also gives an authorised officer who proposes to issue a fixed penalty notice for breach of a byelaw the power to require the person to whom he or she is giving the notice to give their name and address. A person who fails to give their name and address or who gives a false name and address will be committing an offence. That is within established procedures for the issue of fixed penalties. I think that that answers the point that the hon. Gentleman makes about enforcement. Perhaps he would indicate whether that is the case.

Mr. Burrowes indicated assent.

Phil Woolas (Minister of State (Local Government & Community Cohesion), Department for Communities and Local Government; Oldham East and Saddleworth, Labour)

Finally, we could make regulations providing for a fixed penalty regime in relation to a byelaw for which the Secretary of State kept his or her confirmation powers. We are not doing anything new in terms of existing procedures and powers in some areas, dog fouling being the most well known. We are extending that process to a wider range of byelaws to allow Departments to devolve powers to local authorities to make real the enactment and enforcement of byelaws. On that basis, I commend the clause to the Committee.