Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee at 9:30 am on 25 January 2005.
Elliot Morley
Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs
9:30,
25 January 2005
May I start by saying how good it is to see you in the Chair this morning, Mr. Taylor? I always enjoy serving on Committees under your stewardship. May I also welcome the hon. Member for Bury St. Edmunds (Mr. Ruffley) on his guest appearance?
Clause 40 amends section 33 of the 1990 Act under which it is an offence to dispose of waste illegally. The Amendment, as the hon. Gentleman rightly states, removes the defence of acting under one's employer's instructions. The hon. Gentleman said that an employee of a company may be threatened and intimidated. That is quite possible. I am sure that was the reasoning for the original provision in the 1990 Act. The problem, as hon. Members may know, is that that is used as an enormous loophole. An employee can use that defence when he has been apprehended for illegal activities. He can argue that he was simply following orders, and we all know the connotations of that. It is too great a loophole.
The court can take a genuine case of intimidation and bullying into account as a mitigating factor. It does not detract from the fact that it is an illegal activity. Someone has carried out an illegal activity, whether or not they were being intimidated or bullied. Those individuals should bear some responsibility, but the intimidation is a factor that could be taken into account by the court and that could influence the level of fine or other punishment. It is important that we do not allow this loophole to remain. I hope that the hon. Gentleman accepts that the courts can take this into consideration. He made some valid points, but it is important to close the potential loophole.
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.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
