Robert Syms (Shadow Minister (Local Government), Communities and Local Government; Poole, Conservative)

Again, I have a brief question. The clause talks about allowing community support officers and other accredited persons to levy fixed penalty notices. Will the Minister list who those other accredited persons are likely to be?

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

I thank the hon. Gentleman for asking that question, because it allows me to put on the record again that this proposal already exists in other legislation. We have in mind specifically dedicated officers, who will occasionally be able to issue fixed penalty notices in some circumstances: on some occasions, those will be wardens or rangers who are employed by the local authority or partner organisations. In some cases, trading standards officers may be involved. That may be appropriate.

On the police community support officers, the role of the police is established in the Police Reform Act 2002, schedule 5 of which contains a list. That allows a local authority flexibility to designate which officers or officials would be covered, so it is a flexible power. Before a community support officer, or such an accredited person, is able to issue fixed penalty notices, the chief police officer is involved in the designation. Indeed, an officer cannot be designated without the chief police officer’s consent. We have rightly built that safety net into previous legislation, which applies to this measure.

Robert Syms (Shadow Minister (Local Government), Communities and Local Government; Poole, Conservative)

So, irrespective of who issues a notice, the final responsibility will still be with the local authority and, under the appeal process, it will decide whether a notice was issued fairly.

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

The citizen is backed by the law and access to the courts. If a fixed penalty notice is issued by an accredited officer of the local authority, including a police community support officer, that officer will have been accredited by the chief police officer. On an appeal against the issue of a notice—that is, “Not guilty, guv!”—or a challenge to the process and the right of a person to issue it, people will have recourse to the courts, as is currently the case under byelaws. Often, the public do not realise that, but it is so.

If a person gets such a notice and does not pay, including if they want to challenge it, the matter goes to court. If you get one, Mr. Chope, and wish to challenge it, just do not pay it and you will get your day in court, as is already the case. This provision is a simple extension of the existing power.