Clause 80 - Orders and regulations

Clean Neighbourhoods and Environment Bill – in a Public Bill Committee at 2:35 pm on 27th January 2005.

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Question proposed, That the clause stand part of the Bill.

Photo of Anne McIntosh Anne McIntosh Shadow Minister (Environment, Food and Rural Affairs), Shadow Minister (Transport)

I understand that the clause extends the power exercisable by statutory instrument to supplement earlier provisions. I listened carefully to the Minister, who said that certain issues that have arisen under this part of the Bill may be dealt with in other legislation. What opportunity will there be for scrutiny of that legislation?

Photo of Alun Michael Alun Michael Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs

No, I was saying was that some of the issues that the hon. Lady raised may be dealt with elsewhere because they are not appropriate for this part of the Bill.

Photo of Anne McIntosh Anne McIntosh Shadow Minister (Environment, Food and Rural Affairs), Shadow Minister (Transport)

With the greatest respect to the Minister, subsection (1) states:

''This section applies to a power conferred on the appropriate person under any provision of this Chapter to make an order or regulations.''

It is therefore important that we should be clear about the extent of those regulations. We should also be clear about concerns such as who any ''other persons'' should be.

Some of the new technologies used will defeat the purpose of entering premises either with or without the use of force. For example, the effects of a smoke bomb might negate any efforts to go in, and set off other   alarms. I wanted to place on the record that it is extremely important for both Houses of Parliament to consider how the power under clause 80 will be deemed to be exercisable by any subsequent statutory instrument.

Photo of Alun Michael Alun Michael Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs 2:45 pm, 27th January 2005

Very simply, the clause is straightforward and relates to the powers described in the earlier clauses. It is clearly appropriate for the Secretary of State or the National Assembly for Wales to be able to make different provisions for different types of authority if there is evidence that that is necessary. That merely gives the power for flexibility in any orders and regulations that are required. The statutory instrument containing an order or regulations is subject to the processes of this House in the normal way. I am rather surprised that the hon. Lady has managed to find anything to raise on this clause. It seems perfectly straightforward, and I hope that we can agree that it stand part of the Bill.

Question put and agreed to.

Clause 80 ordered to stand part of the Bill.