Clause 13 - Guidance

Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee at 9:25 am on 20 January 2005.

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Photo of Alun Michael Alun Michael Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs 9:25, 20 January 2005

Let me spell out where we are. Clause 13 obliges local authorities to have regard to guidance given by the appropriate person when exercising their functions in relation to the removal and disposal of vehicles under the 1978 Act. We are dealing here only with the removal and disposal of vehicles. The ''appropriate person'' in this case is the Secretary of State or the National Assembly for Wales.

The type of the regime that the hon. Lady envisages would be extremely bureaucratic, with a massive, detailed guidance on what local authorities should do, almost down to spelling out how they should breathe in and out as they undertake their duties, which would be wholly inappropriate. I remind her that we are dealing with the destruction and disposal of vehicles, which occurs only if no one claims the vehicle within a specific period. That is where the seven days comes in. Who would appeal, therefore?

It is nonsense to create an unnecessary construct. If there are problems, the clause enables us to issue guidance without having to return to primary legislation. I envisage the guidance being simple and straightforward, addressing only those issues that are known to require it. We discussed the matter with local authorities, motoring organisations and others to ensure that we understood the problems that they face.

I repeat my understanding of how serious the problem is, and people want it to be dealt with. The hon. Lady referred to the NFU. I spoke to its president some time ago about the Bill, which deals with the problem of abandoned vehicles and the dangers they pose, and with fly-tipping and other difficulties experienced by the farming community. The clause is simple and straightforward.

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