Clause 23 - Controls on free distribution of printed matter

Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee am 3:45 pm ar 20 Ionawr 2005.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Ms Sue Doughty Ms Sue Doughty Shadow Minister (the Environment), Environment, Food & Rural Affairs 3:45, 20 Ionawr 2005

Again, the amendments are clarifying amendments. Amendments Nos. 77 and 78 concern the time scale. The main problem is the 14 days for objecting to a proposed order. In my area there is a weekly newspaper, but someone might be away when it comes out and might not read the small print at the back when they return and catch up with the news, as they are getting on with their lives again. Such things take a while and people have to ensure that they have seen the notice. That is why we want to extend the period, to ensure that everyone has a chance to see the notice. Once the proposal is discovered, the further extension to 42 days proposed by amendment No. 77 will give people a chance to formulate and submit any objections, which is a matter of practical expediency.

Amendment No. 83 proposes that someone who is given consent to distribute printed matter in a designated area may be required to provide written evidence of that consent. Although paragraph 3(6) of proposed schedule 3A to the Environmental Protection Act 1990 states that an authority can impose a requirement to provide written evidence of consent on demand, the best way to avoid any misunderstanding is to ensure that the authority provides written consent in all cases.

Amendment No. 84 concerns clearing litter resulting from material distributed. Given that the powers are designed to tackle litter caused by printed matter, our proposal is to give councils important additional powers over the limitations that they could place on the consent to distribute matter in a controlled area. Councils may wish to have that freedom, which amendment No. 84 would give them.

Amendment No. 85 is a probing amendment. It appears that councils are to be allowed full discretion on granting consents anyway, so why is paragraph 3(4) of proposed schedule 3A to the 1990 Act necessary? We would like the Minister to explain what sort of people are being targeted. Is the intention to stop people who are doing direct marketing for profit from gaining consent? That might be reasonable, but we return to the issue of young people promoting concerts, clubs, exhibitions and other events for all sorts of purposes, perhaps as part of a college or school   project. The requirements on such young people are difficult—one strike and they are out, in trouble for ever more because they made a mistake when they were not up to speed. We would like young people to learn the lesson and understand what the law is, but we think that the Bill as drafted is a little heavy-handed.

Amendment No. 86 again concerns the problem of the time scale and allows a reasonable period for a person whose name and address is not known to contact the authorities to claim the printed matter before it is destroyed.

With amendment No. 87, we are thinking about vulnerable people, often young, who are employed to hand out flyers. Those who work for direct marketing companies generally do so only for the money. The job is not one that people do because they see a career in handing out flyers. Basically, they want some pocket money. We are concerned that such people might not know that they could receive a fixed penalty. Somebody might give them a job handing out flyers about a massive golf sale around the corner and then find it easy to take advantage of them, avoiding liability themselves.

We should also bear in mind that such employers might not be local. They might move from town to town running golf sales, Persian carpet sales or other ad hoc events. Such people can disappear and leave whomsoever they had hired for a minimum wage to be fined and face the music. We are therefore concerned that the provisions might be a little heavy-handed on people who are basically innocent.