Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee at 9:30 am on 25 January 2005.
Nigel Evans
Conservative, Ribble Valley
9:30,
25 January 2005
As I have already intimated to the Minister, I can see that the current law is fairly ineffective. I imagine that, if we left the law as it is, every time someone was caught putting waste somewhere where they should not, they would plead that they were operating under orders and there was nothing that they could do, and therefore no one would ever be convicted of the offence. I therefore understand why the Minister is advancing the Clause, and I am fairly sympathetic towards it. However, we shall discuss sentencing later, and there are hefty fines in relation to clause 40. Indeed, the end result could be a jail sentence. The clause could lead to someone getting a custodial sentence. That is why we must get the provision right.
I hope that the Minister will give us some assurances. I heard what he said about the licences under which people operate and the fact that there is a duty on the employer to ensure that everyone knows exactly the law under which they operate and the things that they ought not to do. The Minister is one of the more commonsensical Ministers in the Government—a rare breed—and knows the reality of the world in which certain businesses operate. Indeed, we are all realistic enough to know that there are unscrupulous employers and some businesses will say that they are under pressure to turn a profit. Given that the costs of disposing of waste legally are quite high, there may be temptations for unscrupulous employers and businesses working on the margins to dump waste where they ought not to do so. Clearly, however, that should not be allowed.
I therefore hope that the Minister will give us an assurance this morning that, despite the fact that there the employer has a duty of care, sufficient publicity campaigns will be provided. For instance, if an employer had to employ somebody, they would have to have a certificate on the wall to show what they were doing. Health and safety require posters to be displayed in relation to certain practices that have to be followed in a business. I hope that the Minister will assure us that there will be a requirement for publicity campaigns for businesses that deal with any waste, so that employers and employees know where they stand under this clause and clause 41. They must know what breaking the law will entail, what the conviction rate is likely to be, what likelihood there is of imprisonment and what fines will be imposed.
I feel for employees who are put in an almost impossible position because they come under pressure from unscrupulous employers. They risk losing their jobs, or never getting overtime because extra work goes to people who are prepared to dump waste. When employees who know what is going on decide to become whistleblowers—when they blow the gaff, which is what we want to encourage—they should know that they will have some protection, and not end up in the dock themselves. If the employer then decides to give information that the employee—
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When a bill becomes an Act of Parliament, clauses become known as sections.
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.
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