Clause 74 - Amount of fixed penalty

Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee at 11:00 am on 27 January 2005.

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Photo of Alun Michael Alun Michael Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs 11:00, 27 January 2005

I am grateful to the hon. Gentleman for resuming his seat with such grace.

I do not want to indulge in tedious repetition about an issue that has already been dealt with exhaustively elsewhere in the Bill. To some extent, the hon. Gentleman answered the debate with his point that penalties must be set at a level that will make people more likely to pay them. They should not be set at a level that people would not pay and that would lead to the costs of prosecution for the local authority or at a level that is so low that it has no impact on people's behaviour. That is the simple answer to the whole issue.

The powers enable local authorities to set their own level of fixed penalty in their areas, and to treat a penalty as paid if a lesser amount is paid within a shorter specified period. That gives local authorities the flexibility to act sensibly. Those powers may be subject to limitations contained in regulations made by the appropriate person or body, which is the Secretary of State in England or the National Assembly for Wales. The power is there to ensure that limitations are made if necessary. I do not think that they will be, as it is a straightforward matter.

Question put and agreed to.

Clause 74 ordered to stand part of the Bill.

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