Clause 13 - Powers in relation to landfill operators

Part of Waste and Emissions Trading Bill [Lords] – in a Public Bill Committee at 4:00 pm on 8th April 2003.

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Photo of Norman Baker Norman Baker Liberal Democrat, Lewes 4:00 pm, 8th April 2003

I am grateful to the Minister for that elaboration. My concern is that the allocating authority or, by extension, persons authorised by it, will have potentially unreasonable powers. Under subsection (3)(b), they can

''specify the form in which, the place at which and the time at or by which records are to be produced''.

They will be able to act in what many would objectively regard as an unreasonable manner because there is no constraint on those powers. The word ''reasonable'' or some other constraint would limit those powers; otherwise, they could specify that records should be produced in three hours. It is unlikely, but it is possible under the Bill. However, it

would certainly be unreasonable, even though it was consistent with the Bill's provisions.