Deregulation Bill

Debate between Lord Wallace of Saltaire and Baroness Hanham

Tuesday 4th November 2014 Grand Committee

[Lord Wallace of Saltaire (LD)]

My Lords, living in one local authority area during the week and in another at the weekend, I am very conscious that standards differ from one local authority to another.

It is a brave Minister, I know, who stands up to the Local Government Association embattled. The Government’s intention in these measures is to reduce the burden of regulation on householders. Representations were made on behalf of householders and, as the noble Lord, Lord Tope, has mentioned, there was also a press campaign which suggested that the threat of large fines and criminal convictions is disproportionate to what is often in the first instance a case of people making mistakes about which bin to put out when and what to put in each. Again, as the noble Lord has just said, that varies from one local authority to another. My family is lucky in that the two local authorities in whose areas we live are relatively permissive about where you put each particular bit of waste.

The noble Lord’s amendment would reduce the fines available to level 1 on the standard scale instead moving to a civil basis. The Government think that it is disproportionate for an individual to be treated like a criminal when they may make a mistake putting their bins out for collection, and it is not right that they risk a higher fine for making this type of mistake than they would, for example, for deliberate shoplifting.

I am conscious that some of my noble friends are concerned that this clause may increase burdens on local authorities. I reassure them that our proposals do not add significant burdens compared to how the current arrangements operate in practice. As always in questions of regulation and deregulation, there is the question of the balance of burdens. The Government’s view is that we should be concerned to reduce the balance of burdens on householders.

I am also aware that some of my noble friends are worried that this clause might have a negative impact on recycling rates. We are committed to meeting our recycling targets and, as the noble Lord, Lord Tope, has remarked, we have made considerable progress in recent years in that direction. The way to do this is to support people as they do the right thing rather than threaten them with criminal sanctions and fines of up to £1,000.

Currently, under Section 46 of the Environmental Protection Act 1990, householders are subject to criminal sanctions and a fine of up to £1,000 if they do not comply with local authority requirements for presenting their waste for collection. In contrast, a shoplifter may be issued with an £90 penalty notice for disorder for their first offence. The Government’s argument is that it is disproportionate for an individual to be treated like a criminal when they make a mistake putting their bins out for collection, and it is not right that they risk a higher fine for making this type of mistake than for shoplifting.

Nevertheless, we recognise that local authorities need some powers to deal with people who spoil the local area by the way they put out their waste, which is why the clause provides for a civil sanctions regime. Under this system, fixed penalties between £60 and £80 will be available if a person has failed to present their household waste as required, and this failure causes a nuisance or is detrimental to the locality. This is what we refer to in shorthand terms as the “harm to local amenity” test, covering such things as putting waste out in a way that causes obstruction to neighbours, unreasonably impedes access to pavements, attracts foxes, rats or other vermin, or is an eyesore.

We expect local authorities to use effective communications to ensure that householders know what they can recycle; for example, by making it easier to know which plastics go in which bin. On the balance of the evidence presented in response to the consultation exercise, which the noble Lord, Lord Tope, raised, I will have to write to him.

I make it clear that we intend to retain the current criminal system applying to commercial waste. The sanctions available to combat more serious offences like fly-tipping are also unaffected by the provisions in the Bill.

The noble Baroness, Lady Hanham, raised Schedule 11, which amends the London Local Authorities Act 2007 and gives London authorities similar powers to issue penalty charges to householders. We are amending the London Local Authorities Act so that civil sanctions and financial penalties will be imposed only if a householder fails the “harm to local amenity” test, and the level of penalties will be the same as under the Environmental Protection Act. In effect, the same provisions will apply throughout England. There will therefore be a degree of standardisation. I hope that this may persuade the noble Lord to withdraw his amendment.

[Baroness Hanham]

Can the Minister explain something to me? Subsection (1) of new Section 46B of the Environmental Protection Act says:

“The amount of the monetary penalty that a person may be required to pay to a waste collection authority … is … the amount specified by the waste collection authority”.

That would seem to indicate that the waste collection authority had the right to set a charge. It then goes on to say in subsection (2) that:

“The Secretary of State may by regulations make provision in connection with the powers”—

one of those powers being the setting of the penalty. I seek clarity as to whether there will be a power for a local authority to set its penalty charge. New Section 20B of the London Local Authorities Act, in Schedule 11 to the Bill, is quite specific that:

“It is to be the duty of the borough councils to set the levels of penalty charges payable to them”.

That sounds great. If they must do it, they have got to do it. However, under the subsequent subsection (4) of new Section 20B:

“The Secretary of State may by regulations make provision”,

for that.

Which is it? Will it be left to local authorities to set their own penalties? I understand that there will be a regime. Or will it be regulations set by the Secretary of State? It does matter.

[Lord Wallace of Saltaire]

I thank the noble Baroness. At this point I may be better off writing to her to explain in detail. My note says that the Secretary of State will make the regulations, but I recognise that there is a degree of ambiguity there. We will make sure that we clarify that.

National Voter Registration Day

Debate between Lord Wallace of Saltaire and Baroness Hanham

Tuesday 1st July 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, with the approach of the general election next year, it is a bit late for pilot schemes. The Government have given £4 million to local authorities to promote registration among vulnerable groups. I am aware of three local authorities, Dumfries and Galloway, Ceredigion, and Redcar and Cleveland, that have specifically allocated some of this to looking at how to register young voters. In Ceredigion’s case, it has an explicit partnership with Bite the Ballot while doing this. We encourage all those activities. I remind the noble Lord that electoral registration is managed at the local level, which as a former local councillor he will well know.

[Baroness Hanham (Con)]

What progress has been made on individual electoral registration? It is very important for young people to know about the democratic process, but as part of that they must also know that they have to register in order to vote.

[Lord Wallace of Saltaire]

My Lords, online electoral registration was introduced four weeks ago. I have the figures only for the first week and we were extremely encouraged by how many people had registered. We hope that we will have the figures for the first month by next week. That is part of why we think that we have moved on from the Northern Ireland experience, in which electoral registration officers took paper forms into schools. We think that young people are much more likely to register online. The experience of 2010 suggests that the registration rate rises rapidly in the few months before a general election. It rose by 700,000 in early 2010. We expect that to happen again.

Electoral Fraud

Debate between Lord Wallace of Saltaire and Baroness Hanham

Thursday 6th February 2014 Lords Chamber

[Baroness Hanham]

To ask Her Majesty’s Government what assessment they have made of the recommendations in the final report of the Electoral Commission Electoral fraud in the UK.

[Lord Wallace of Saltaire (LD)]

My Lords, we are carefully considering the Electoral Commission’s recent report and its three main recommendations and will respond in the coming months. We welcome the commission’s finding that electoral fraud is not widespread and agree that we should continue to consider ways to safeguard electoral integrity. That is why the Government are introducing individual electoral registration from June this year, which will help make registration more secure.

[Baroness Hanham (Con)]

My Lords, I thank the Minister for that reply. I am sure that many Members of this House will welcome the proposals in the package put forward by the Electoral Commission to be introduced by 2014. However, it proposes to leave the introduction of one area until 2020: individual identification at polling stations. In responding to the report, will the Government consider encouraging the commission to bring that forward, as it is a very important aspect of preventing fraud?

[Lord Wallace of Saltaire]

My Lords, the Government are considering that although I have to say that Ministers are not yet convinced of its desirability. We all know from the American experience that demanding qualifications and identification at polling stations tends to discourage people from going to vote and we do not wish to discourage people from going to vote. There is less evidence of personation at polling stations than there is of multiple registration—ghost voters being put on the register—or of postal vote fraud, so we are not yet persuaded that the response is proportionate to the problem we face.