Clause 2 - Gating orders

Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee at 11:15 am on 18 January 2005.

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Photo of Alun Michael Alun Michael Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs 11:15, 18 January 2005

With the greatest respect, I was acknowledging the statement of the blindingly obvious that the hon. Lady has reinforced, which is that if organisations do not get their act together in exchanging information and making sure that it is available to those at the operational end of things, they should be castigated. However, we cannot change that as we deal with this clause, which specifically relates to alley gating. If those problems exist, they need to be tackled, but this clause will not make them any worse. Indeed, one can virtually guarantee that because of the interest that the police will have taken at the local level, they will be aware of that, and I would be very surprised if they were not as enthusiastic as anybody else to ensure that an order is recorded on everybody's system immediately it is put in place.

Amendments Nos. 2 and 31 are seeking clarity about what would amount to evidence of the need for alley gating, and how to make sure that it is reasonable and proportionate. Such an issue needs to be raised at this stage. However, the Bill is carefully drafted to allow flexibility for local decision making. For instance, proposed new section 129B(2) says:

''A gating order may in particular—

(a) restrict the public right of way at all times, or in respect of such times, days or periods as may be specified in the order;

(b) exclude persons of a description specified in the order from the effect of the restriction.''

That is just one of many parts of the Bill that allows flexibility in the order to reflect the circumstances and evidence that has led to the decision that an order is necessary.