Clause 37 - Enforcement powers

Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee am 5:15 pm ar 20 Ionawr 2005.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Elliot Morley 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.