Clean Neighbourhoods and Environment Bill – in a Public Bill Committee at on 25 January 2005.
Elliot Morley
Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs
2:30,
25 January 2005
I believe that I had finished what I was saying.
David Ruffley
Opposition Whip (Commons)
We had an interesting debate, which I am sure we can all recall clearly—it is etched indelibly on the minds of Opposition Members. It is also, in absentia, etched on the mind of my hon. Friend the Member for Ribble Valley (Mr. Evans), who made a powerful point in favour of the Amendment, which states that the level of penalty should be higher than that in the Bill.
Paddy Tipping
Labour, Sherwood
It may benefit the Committee to hear that the hon. Member for Ribble Valley has just finished making powerful points in Westminster Hall.
David Ruffley
Opposition Whip (Commons)
I am grateful to the hon. Gentleman for sharing that information with the rest of the Committee, although, as a Tory Whip, I was aware of it. My hon. Friend will be returning shortly to delight and thrill us with his contributions on the later parts of the Bill which relate to waste. If we are lucky he may share his views on the control of dogs; we all await that part of the proceedings with scarcely concealed excitement.
I conclude by saying that the Amendment should be pressed to a vote. We agree, in principle, with the thrust of the Clause. The amendment seeks to tighten it up, to increase the deterrent effect, and it is in that spirit that I seek to press the amendment to a vote.
Elliot Morley
Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs
The hon. Gentleman might find that the hon. Member for Ribble Valley wanted to make a couple more points, but I am not sure that he wanted to vote on the Amendment, although the matter is of course entirely in the hands of the Opposition spokesman.
David Ruffley
Opposition Whip (Commons)
The Amendment stands in my name and that of my hon. Friend the Member for Vale of York (Miss McIntosh), but not that of my excellent but sadly absent hon. Friend the Member for Ribble Valley.
Elliot Morley
Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs
The issue is the level of the fine, and it arises from a narrow aspect of the Bill dealing with documentation. A balance needs to be struck, and £300 is a considerable fine for failing to produce documents. If the fine were higher, then it is likely that people would opt to go to court, and the advantages of the fixed penalty notice—the speed and the lower administration cost—would be lost. The hon. Gentleman asked whether the amount would be reviewed. It will, like all these measures, be reviewed in due course to ensure that it is fixed at the appropriate level.
Question put, That the Amendment be made:—
The Committee divided: Ayes 3, Noes 9.
Division number 4
Nimrod Review — Statement — Clause 45 - Failure to furnish documentation: fixed penalty notices
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.
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.
The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".
The political party system in the English-speaking world evolved in the 17th century, during the fight over the ascension of James the Second to the Throne. James was a Catholic and a Stuart. Those who argued for Parliamentary supremacy were called Whigs, after a Scottish word whiggamore, meaning "horse-driver," applied to Protestant rebels. It was meant as an insult.
They were opposed by Tories, from the Irish word toraidhe (literally, "pursuer," but commonly applied to highwaymen and cow thieves). It was used — obviously derisively — to refer to those who supported the Crown.
By the mid 1700s, the words Tory and Whig were commonly used to describe two political groupings. Tories supported the Church of England, the Crown, and the country gentry, while Whigs supported the rights of religious dissent and the rising industrial bourgeoisie. In the 19th century, Whigs became Liberals; Tories became Conservatives.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
