Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee am 5:15 pm ar 20 Ionawr 2005.
Elliot Morley
Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs
5:15,
20 Ionawr 2005
I shall deal with the point made by the hon. Member for Vale of York about the role of the police in stopping and impounding vehicles. I am very pleased that she seems to have calmed down in her ambition to turn the Environment Agency into some sort of paramilitary force, although there are those who claim that it is already such a force.
The agency often works with the police, as I have said in previous debates, particularly in large-scale stop-and-search exercises. Under existing legislation, only a police officer has the power to stop a vehicle on the highway. The Bill empowers the agency and local authorities to seize vehicles, even if a police officer is not with them. In reality, it is more than likely that they will have a police officer with them, because they tend to work in partnership with the police, particularly when they are carrying out major exercises. The agency or local authority could be called to an incident at which someone with a vehicle may run away. In such a circumstance, the Bill would empower them to impound the vehicle.
Clause 37 already allows a period to be specified in regulations, so there is no need for Amendment No. 65. It is more appropriate for regulations to deal with detailed provisions that relate to the production of the documents. The intention behind amendment No. 66 is not altogether clear, as the clause already requires the person transporting the waste to produce the documents forthwith or within a period specified in the regulations, which tends to be seven days.
Waste carriers are currently required to produce evidence of registration at a specified place within seven days, as there is no requirement for them to carry their waste-carrier registration documents at all times. It is understandable that people may not carry all the documentation, but seven days is a reasonable period in which to produce them.
The offence to which amendment No. 91 relates is the failure of a person to produce a valid authority when they are reasonably believed to be, or to have been engaged in, transporting controlled waste without being registered as a waste carrier. An offence is committed only if controlled waste is or has been transported, which is the reason for the language in the Bill.
Amendment No. 92 is not needed. The regulations permitted by the clause will be developed in consultation with all those who may be affected, and will be put to the House for consideration in due course. My officials will ensure that regulations will include all the necessary provisions.
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.