Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

Debate between Baroness McIntosh of Pickering and Baroness Scott of Needham Market

Monday 25th April 2022 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I have just two brief points to make. I thank and congratulate my noble friend on bringing forward the regulations this afternoon. First, I understand that there was a delay and that the statutory instruments had to be withdrawn and re-laid. I would very much like to understand why that was the case and have an assurance that that will not happen with future SIs.

My second concern relates to the Secondary Legislation Scrutiny Committee’s 29th report, dated 10 February 2022. At paragraph 40 it says:

“To free up police officers’ time, these Regulations extend the range of offences that can be dealt with by civil enforcement officers acting on behalf of local authorities, or in some cases traffic cameras.”


I would like to understand from which budget the civil enforcement officers will be taking on this work. I am mindful of the extent to which local authorities’ budgets are under severe pressure at this time.

Who will be responsible for the traffic cameras? In north Yorkshire and County Durham we have very few fixed cameras; the traffic cameras are mostly mobile. When I was an MP in north Yorkshire, I was informed, on the quiet, that in many instances there is no film in static cameras in north Yorkshire—they are just there to alarm people, in the hope that their behaviour will be reformed because they see a traffic camera in front of them. Are we relying on mobile traffic cameras, which are still the province of the police, or are there some other traffic cameras of which I am not aware?

With those few remarks, I wish the SI good speed.

[Baroness Scott of Needham Market (LD)]

My Lords, on this side we very much support these measures; it would be odd if we did not, as my noble friend Lord Bradshaw has been arguing for this move for pretty much as long as I have been in the House, which is over 20 years now. Civil enforcement of moving traffic offences is, as he has argued, really important in improving the flow of traffic generally and particularly for buses. Bringing the rest of England in line with London is a welcome step. I also agree with the Government that we need better enforcement for safety reasons for cycle lanes, pedestrian crossings, and so on.

Agriculture Bill

Debate between Baroness McIntosh of Pickering and Baroness Scott of Needham Market

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 22nd September 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I am delighted to support the noble Lord, Lord Foulkes. I point out for the benefit of the House that I am a non-practising member of the Faculty of Advocates. There is concern in some quarters, not least the Law Society of Scotland —as alluded to by the noble Lord—that there may be insufficient consultation of all the parties in this regard. I welcome the opportunity for my noble friend the Minister, in summing up this short debate, to address the role of the devolved Assemblies and, in this case, the Scottish Parliament in negotiating future trade deals. We will discuss Amendment 97 and others in that group, but the Bill is silent on the role of the devolved Assemblies and the extent to which they will be consulted and involved in drafting and negotiating these trade agreements. It behoves the Government to set out their plans at this stage.

[Baroness Scott of Needham Market (LD) [V]]

My Lords, it seems to me that this interesting amendment bridges very nicely the gap between the last group and the next, because there was some discussion in the last group about the importance of consultation—albeit in a different context—and the next group is about the role of the devolved assemblies and parliaments. This one sits rather squarely in between.

From the point of view of our Benches, there are a couple of points we wish to make. First of all, it is increasingly becoming the case that delegated legislation is rushed and is not always particularly well drafted. I am a member of the Joint Committee on Statutory Instruments, and it is a weekly task to go through imperfectly drafted regulations. As the noble Lord, Lord Foulkes, said, it is much better to pick these things up earlier rather than later. Therefore, proper consultation and some almost pre-legislative scrutiny by the devolved assemblies could only be helpful.

We need to be clear about how serious it would be if the Government were using these powers. Many of the things we would all support and like about the WTO provisions do not cover agriculture at all, so with the possibility of high tariffs and the removal of quantitative restrictions, the impact on agriculture could be very serious indeed. Therefore, the involvement of the devolved parliaments and assemblies, both in preparing for it and hopefully mitigating some of this, would be important. I am definitely supportive of the principle behind this amendment and interested to hear what the Minister says.

Agriculture Bill

Debate between Baroness McIntosh of Pickering and Baroness Scott of Needham Market

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Thursday 17th September 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I rise in the absence of, and at his request and with his permission, the noble Lord, Lord Empey, who has been unavoidably called away and sends his apologies. His two amendments refer to Clause 27. They are minor amendments but would have significant consequences.

The clause relates to fair dealing obligations of business purchasers of agricultural products and enables the Secretary of State to make regulations in respect of them. The regulations may be sector specific or in general terms. As we learn from the Bill’s Explanatory Notes, the Bill provides the Secretary of State with the power

“to make regulations to introduce obligations that promote fair contractual relationships between primary producers, producer organisations, associations of producer organisations, produce aggregators and the business purchasers of their products.”

Obviously, there is a great desire for fairness and for protection from unfair trading practices.

At the kernel of the two amendments from the noble Lord, Lord Empey, is a wish to ensure a better relationship between the processors, the supermarkets and primary producers. I am sure that this is a concept with which all noble Lords agree. Rather than press his amendments at this stage, he seeks to ensure that we enable primary producers to make the investments they wish to make to meet the new responsibilities they face as set out in Clause 27.

The noble Lord, Lord Empey, went to great pains to state, and I am sure that he has reassured my noble friend the Minister of it, that rather than press the amendments to a vote at this stage, he is grateful for the opportunity to set out the views expressed in them and seeks an early meeting with the Minister if it would be possible. I beg to move.

[Baroness Scott of Needham Market (LD) [V]]

My Lords, I had an exchange of emails yesterday with the noble Lord, Lord Empey, to make sure that I understood his amendments correctly. He basically put it to me that he wishes to place an obligation on government rather than for it to have a discretion, which is as the Bill is drafted, to make regulations on fair dealing. I have told him that I support the fair dealing provisions in the Bill—I said so in Committee—particularly with regard to food waste, which is often in effect forced on farmers, making them less competitive and environmentally more wasteful, by the requirements of supermarkets, which I do not think is fair dealing. I am all in favour of that, but I am less convinced about the placing of such an obligation on Ministers. However, these issues can be well discussed in the next set of amendments, about the role of the Groceries Code Adjudicator.

Agriculture Bill

Debate between Baroness McIntosh of Pickering and Baroness Scott of Needham Market

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Thursday 16th July 2020 Lords Chamber

[Baroness Scott of Needham Market [V]]

My Lords, I shall speak to Amendments 124 and 138, which I have signed. While my thinking is very much informed by questions of public access in the way that my noble friend Lord Addington’s is, there is a wider point here about the operation of this new system that is echoed in one way or another by a number of amendments in this group. While I recognise that it is positive that multiannual assistance plans will provide a level of certainty both for farmers and for the public, who are interested in these things, this ought to be strengthened by a greater understanding of how the objectives align with the public goods in Clause 1.

As drafted, the Bill refers to the Government’s strategic priorities, but it is not really very clear how one would determine what those priorities are. I shall give the Committee an example: there is a national policy on flooding, for example, and we know that there are policies around climate change and the environment. That is probably clear. However, there are no strategic priorities established for the question of public access. It is quite difficult to see how assistance under the Bill will link to a government strategic priority that does not actually exist. It would be helpful if the Minister could say a word or two about this because it would really aid clarity about what the funding is to deliver and ensure that there is a coherence in approach and predictability.

That then feeds into Amendment 138 regarding clarity in the financial assistance scheme, which I think most of us would agree is an essential part of transparency. We want to see not just what is being given to whom but how these strategic priorities—these public goods—are reflected in the spending once it has happened.

[Baroness McIntosh of Pickering [V]]

My Lords, I will speak to Amendments 127, 134 and 137, relating to Clause 4, which deals with multiannual financial assistance plans.

Amendment 127, which I am delighted is co-signed by the noble Baronesses, Lady Jones of Moulsecoomb, Lady Ritchie of Downpatrick, and Lady Bakewell of Hardington Mandeville, seeks to enhance the usefulness of the Government’s multiannual financial plans. I warmly welcome the Government’s commitment to produce these plans, as they will provide a degree of assurance to farmers and other land managers regarding the Government’s commitment to schemes and programmes. I also welcome the Government’s commitment to come forward early in the policy transition period with their first such multiannual plan.

However, I fear that the current provisions of the Bill lack any requirements on the Government to specify levels of expected expenditure and how those levels relate to the achievement of each of the strategic priorities set out in the Bill. Without seeking to bind the Government too tightly, it is sensible to have a framework that requires the Government to be clear about what it is planning to spend, and on what. Circumstances can and do change over time, but we must see a clear direction of travel from the Government now, so that we and farmers can judge how well the Government are doing in achieving their objectives and in the targeting of public resources.

Farmers and land managers too will need assurance about the certainty of funding if they are going to enter long-term relationships to deliver outcomes for the public benefit and for the improvement of productivity. Identifying specific levels of budgetary expenditure will also enhance the ability of Parliament to scrutinise government plans and policies, both in advance of them being implemented and by way of evaluating performance afterwards; both are important parts of good governance.

Turning to Amendment 134—which I thank the noble Baroness, Lady Jones of Moulsecoomb, and the noble Lord, Lord Wigley, for co-signing—in framing the financial assistance scheme, it is absolutely right that the department and the Government should have regard to advice from time to time on the funding required to achieve the strategic priorities of financial assistance for the duration of the plan, whether that advice is from the Office for Environmental Protection, or any other public body with a national remit and responsibilities for the natural or historic heritage. In Amendment 137—which I am grateful to the noble Baroness, Lady Jones of Moulsecoomb, for supporting—I go on to say that we need to know that, under the Bill, any advice received from the Office for Environmental Protection and any other public body with this national remit is sufficient to prove that the financial assistance provided is sufficient to meet the strategic priorities of the financial assistance.

It is very difficult for us to take a view on what the role of the OEP and its relationship with these other advisory bodies should be when we have not had sight of the Environment Bill in its current form, or the chance to adopt it. I make a plea to the Minister and her department that the Environment Bill and the Agriculture Bill are mirror images of each other, and their provisions reflect and fully complement each other.