Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee at 3:45 pm on 18 January 2005.
Alun Michael
Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs
3:45,
18 January 2005
I am grateful for the opportunity to respond to some of those questions. If I were to respond to all of them, we might be here all night, but some of the points can be covered very specifically. For example, the legislation affecting London has had similar requirements in place for a number of years. There has been a considerable amount of experience, both of the legislation being in place and its enforcement and therefore plenty of opportunity for representations from motoring organisations and others. My understanding is that there has been general support for these provisions. Indeed, there has been strong support for them from my right hon. and hon. Friends, and I believe that a similar view is shared by Liberal Democrat Members.
The experience in London having been positive and the consultation having been extremely extensive, I hope that we will have complete support for the provision when we finish this short debate. The hon. Lady says that it would be better not to go to court on the issues in subsection 4(3). I agree. If the individual is able to demonstrate to the satisfaction of the local authority that they are not running a business, the local authority will not pursue the case. However, at the end of the day, if there is a dispute in which the local authority believes that it has evidence that someone is running a business and that is denied, it would be for the court to take a decision. The onus will be to demonstrate that a business is not being run.
Cars being repaired on the road can take up valuable car parking spaces. That in itself can be a nuisance for local people. They look unsightly and pollute the local environment. Clause 4 makes it an offence to carry out restricted works to vehicles on a road as part of a business or otherwise for reward or gain or in a way that gives reasonable cause for annoyance to people nearby. It is all about improving the quality of life in the neighbourhood. To some degree, the hon. Lady answered some of her earlier questions in a later contribution. There is clearly an exemption for repairs resulting from a breakdown or accident, provided that they are carried out within 72 hours or such time as the local authority authorises.
The term ''road'' is not restricted to the public highway, but includes all roads to which the public have access. In many cases, it will include private roads running through estates, the very places where there is often a considerable amount of nuisance. I therefore hope that the clause will stand part of the Bill with the full support of the Committee.
Question put and agreed to.
Clause 4 ordered to stand part of the Bill.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.