Scrap Metal Dealers Bill
Debate between Jeremy Browne and Philip Davies(12 years ago)
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Mr Browne
I strongly endorse the sentiments expressed by my hon. Friend. I visited a church in my Taunton constituency a few weeks ago and I was told about the theft of metal from the church roof and the damage it had done. The church was very supportive of the proposals brought forward by my hon. Friend the Member for Croydon South, as are Members on both sides of the House. We are keen to see Parliament pass the Bill and for it to come into law. It is obviously not a Government Bill, and my hon. Friend may well be keen to permit a degree of flexibility, but the Government want to see achieved the objective that we both share—to pass this legislation into law.
Philip Davies (Shipley) (Con)
The Minister talks about the amendments that he thinks do not add to what the Government are trying to achieve, so it would be useful if he made clear exactly what the Government are trying to achieve with this Bill. Some people think that its main purpose is to try to reduce scrap metal theft, which is something we all want to do, but the scrap metal industry seems to think that it is to try to deal with the unintended consequences of changes made in the Legal Aid, Sentencing and Punishment of Offenders Bill, so will he clarify what exactly the purpose is?
Mr Browne
I am grateful to my hon. Friend for that intervention, and I join him in celebrating the work of St John’s neighbourhood watch in Worcestershire as well as other neighbourhood watch schemes around the country that do so much to make our communities safer.
This new clause will ensure that the intention is complied with, in that a licence can be easily seen by anyone who wishes to see it, whether they be law enforcers, consumers or members of the general public. The Home Office has carefully considered whether there needs to be a sanction attached to failure to display a licence—a point that I know will be of interest to certain of my hon. Friends. We have taken the view that a sanction is needed and that a criminal offence is appropriate, albeit one that applies a modest financial penalty—namely a maximum £1,000 fine. We would expect law enforcement agencies to seek compliance in the first instance, rather than proceeding immediately to prosecution. Compliance with the requirement is relatively straightforward in that the licence with which a dealer is issued is to be displayed. This, coupled with the low penalty and the requirement to create a visual licence regime, is what has drawn us to this conclusion.
It is on this basis that I resist amendments (a) and (b). Amendment (a) seeks to place a mental element into the criminal offence so that the elements of the offence are made out only if a scrap metal dealer “knowingly” fails to comply. Proving the dealer’s mental state—the motivation—at the point when the decision was made to criminal standards of proof would be extremely difficult to prove in a court of law and it would make the securing of convictions very difficult. Amendment (b) creates a defence against the charge—namely, that if the licence was
“removed from display without the knowledge or consent”
of the dealer, that dealer will have a clear statutory defence to the charge against him. I also resist amendments (c) and (d) on the grounds that we are requiring a copy of the licence, not merely its “details”, to be displayed. I believe that requiring a licence or its copy would considerably strengthen the requirements.
Philip Davies
The Minister says he is not prepared to accept amendment (b), which I think is an excellent amendment, tabled by my hon. Friend the Member for Christchurch (Mr Chope). What happens if someone comes in to steal a scrap metal dealer’s licence from the wall, a few moments, minutes or hours before the local authority comes in to inspect where the licence is? Surely we cannot be penalising scrap metal dealers whose licences are stolen without their permission.
Mr Browne
That is an ingenious intervention, but the obligation is on the party required to display the licence. If a defence could be made along the lines suggested by my hon. Friend, it would create a major loophole. Ironically, given the view that he usually takes on these matters, that would make it easier for people to avoid prosecutions and the fine that I mentioned than would otherwise be the case. Our view is that if there is an obligation on a party to display a licence, then there is an obligation on that party to display a licence. That is clear cut; there is no need to muddy the waters.
Philip Davies
I congratulate my hon. Friend the Member for Croydon South (Richard Ottaway) on getting his Bill to this stage. I want to follow on from the closing remarks of my hon. Friend the Member for Christchurch (Mr Chope), which were crucial. I do not think that any Member of any party does not want to do something about the scourge of metal theft, which is an outrage and needs to be tackled in a far more robust manner than has so far been the case and, indeed, than is proposed by the Bill.
The purpose of my amendments, like those of my hon. Friend the Member for Christchurch, is to improve what my hon. Friend the Member for Croydon South is trying to achieve. I do not doubt that the way in which the Bill is drafted is well intentioned, nor that it has some good parts, but my amendments, like those of my hon. Friend the Member for Christchurch, are designed to improve it. To be honest, that is the purpose of a Bill’s Report stage. The idea that some people have that we should simply nod through legislation as it appears, whether it is flawed or not, is novel but highly irresponsible. This House’s job is to scrutinise legislation and make sure that it is fit for purpose. We do ourselves a great disservice when we pass legislation without proper scrutiny; it leads to all sorts of unintended consequences. That is what my amendments seek to address. I want to improve the Bill, not bury it. For the record, if my hon. Friend and I had intended to bury the Bill we would have talked it out on Second Reading. I made my objections at that time and I am now seeking to do something about them on Report.
I will not dwell too much on other Members’ amendments, because my hon. Friend has, as ever, eloquently spoken to his, as has the Minister, albeit briefly. It is a shame that the Minister did not discuss my hon. Friend’s amendments in detail, or mine for that matter, which takes us back to my point about proper scrutiny of legislation. It is all very well for the Minister to take the approach, “Well, we’ve looked at the amendments and we don’t agree with them,” but that is not scrutiny or a debate; it is an attempt to impose the will of the Executive on everybody else. We need to do much better and have a proper debate in order to get what we all want, namely a fit-for-purpose Bill.
Amendments 34 and 35, which I tabled, deal with the maximum penalty for people who are in breach of clause 1. The maximum penalty has been set at a level 5 fine, which is currently £5,000. I have proposed a level 3 fine in amendment 34 and a level 1 fine in amendment 35 to find out whether we want there to be a fixed amount. The problem with the level 5 amount is that it may change to an unlimited fine if the provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 are implemented. I tabled the amendments so that all hon. Members would know what is being proposed. The fine might not just go up to £5,000, but be unlimited. I want the House to determine whether it finds that proportionate or over the top.
Amendments 36 and 37 relate to clause 2. Amendment 36 would leave out subsection (4)(c), which states that the site licence must
“name the site manager of each site”
as well as the licensee. That seems to be somewhat over the top, as it would bring site managers into the criminal proceedings set out in clause 10(4)(b). That should be removed.
Amendment 37 would leave out the provision that somebody
“may not hold more than one licence issued by any one authority.”
There may be business reasons for having more than one licence that covers more than one authority. For example, there might be separate businesses with separate managers that are owned by one person. Once again with this provision, the Bill, although well intentioned, is not particularly practical and perhaps needs to be thought about again.
Before I go on to amendments 38 to 43, which relate to the next clause, I want to touch on amendment 90, which was tabled by my hon. Friend the Member for Christchurch. It states that somebody with unspent convictions should not be able to hold a licence. That seems to be a perfectly sensible amendment that would beef up the legislation, rather than water it down. Thus far, we have not heard the case why somebody in that situation should have a licence. If people do not accept my hon. Friend’s amendment, they are basically saying that even though this whole area is subject to lots of criminal activity, we are still happy for somebody with an unspent conviction to hold a licence. That is complete nonsense. I urge my hon. Friend the Member for Croydon South to accept the amendment. I am certain that anybody who is following these proceedings would urge him to do so as well. This is a clear loophole that could be closed with immediate effect. I commend my hon. Friend the Member for Christchurch for bringing the amendment forward.
I also want to touch on Government amendment 5, which would get us into the ludicrous situation of changing the business hours during which scrap metal may be traded to between 9 o’clock in the morning and 5 o’clock in the evening. Although the Minister’s comments were rather brief, he seemed to say that that was to fit the pattern of local authority working hours. It would be a ludicrous state of affairs if the whole of industry had to work to local authority working hours. Local authorities have to monitor many things. For argument’s sake, let us take the selling of alcohol to people who are under age. I am not sure that the Government would introduce legislation to say that alcohol may be served only between the hours of 9 and 5, so that local authorities can keep on top of all the legislation.
Mr Jeremy Browne
I have been resisting the urge to intervene on every amendment that my hon. Friend has mentioned, but I do so in this case because the Government have sought to protect people from the state behaving with excessive authority. Under the current wording, a local council could stipulate that a scrap metal dealer can operate for only one hour a week, which would effectively put it out of business. We thought that if interim arrangements were in place, perhaps pending an appeal, it would not be reasonable for a scrap metal dealer who may eventually be found not to have behaved inappropriately to be put out of business by a local authority. We have tried to find an arrangement that will enable the dealer to continue to operate, and I would have thought my hon. Friend would approve of that. He should not assume that the Government have malign motives the whole time. Often we are trying to do things that balance various considerations but overall serve the public good.
Philip Davies
I never question the Government’s motives, but I often question their output. It was the Minister, not I, who raised the idea of businesses fitting in with local authority hours. That is a rather strange state of affairs, because it seems to me that local authorities ought to align themselves with business hours rather than businesses with local authority working hours. That may well be a debate for another day, but I hope he will at least reflect on it.
Amendment 38 would leave out the reference to the site manager in clause 3(2)(a). Bringing the site manager into the determination of whether a licence should be granted is not appropriate, because the responsibility should lie with the applicant for the licence. Also, the site manager can change from time to time. Amendment 39 is on exactly the same lines.
Amendment 40 relates to the provision that someone’s suitability to hold a licence can depend on
“any previous refusal of an application for a relevant environmental permit or registration (and the reasons for the refusal)”.
It is intended to probe why there should be consideration of a relevant environmental permit. Why not just judge each applicant afresh on their merits? If there are reasons to refuse an application, it should be refused, so that provision does not seem necessary. Amendment 41, like amendments 38 and 39, relates to site managers.
Amendment 42 relates to the provision giving the Secretary of State the power to change the licensing criteria by issuing new guidance that the local authority must follow. My point is that the Government should instead get the criteria right now. The whole point of our debates is to scrutinise the Bill and make it fit for purpose, but it seems that the Government’s approach is to pass any old Bill and then give themselves the power to vary it at a later date as they think appropriate. Legislation should not be made in that way. Amendment 43, again, relates to site managers.
Amendment 147 relates to the provision allowing a council to issue a licence on the condition that the scrap metal dealer does not receive scrap metal between specified hours of the day if they have a relevant conviction. My point is the same as that of my hon. Friend the Member for Christchurch in his amendment 90. I believe that the reference should be to unspent rather than relevant convictions, because the term “relevant” may well be open to debate.
Amendment 46 relates to the same provision, on which I wish to press the Minister a bit further. Where is the evidence that that condition will prevent the trading of stolen metal? We all want that to happen, but I am not entirely sure that clause 3(8)(a) will achieve it. It will place conditions on legitimate businesses, but where is the evidence that it will make any difference at all to metal theft? I asked what the purpose of the Bill was, because if it is to stop metal theft, as the Minister said, I am not entirely sure that such conditions will help.
Clause 3(8) states that scrap metal must be kept in its original form for up to 72 hours, which amendment 49 would change to 48 hours. Why is the figure in the Bill 72 hours and not a shorter period if the system is efficient? The Scrap Metal Dealers Act 1964 cites 72 hours in respect of an available punishment in the form of an additional licence requirement, but I wondered why 72 hours is in the Bill. If someone can explain that point, we can soon deal with the amendment. Amendment 50 would change 72 hours to 96, so if people think the period in question should be longer, we have an alternative, just as we do if they think it should be shorter.
Mr Jeremy Browne
Members of the House who may believe that my hon. Friend has malign motives in trying to talk at greater length than is strictly necessary, or in tabling amendments that are not wholly necessary, may find evidence to support that assertion in precisely this type of measure. We could spend ages discussing whether 71 or 73 hours would be better than 72, but the Government have consulted the scrap metal sector and local governments, and the consensus from those with relevant interest in the area is that a time limit of 72 hours is appropriate. It does not seem a particularly good use of the House’s time to spend long periods discussing whether 72 hours is perfect. Of course that figure is, by its nature, somewhat arbitrary. It happens to be three days, but it is no less arbitrary than any other figure, and all relevant parties consider it an appropriate amount of time.
Philip Davies
I am grateful for that explanation, which is the purpose of this stage of the Bill. The Minister talked about spending ages on this issue, but his answer took longer than my question. He has spent more time on this point than I have—I should have thought he would congratulate me on rattling through my amendments with great haste. I cannot say that I am dwelling on my amendments, but if the Minister thinks I should spend more time on them, I am sure I could. However, I will resist that temptation.
Amendments 53 to 57 relate to the site manager named in the licence and, as I have said, were tabled for consistency with earlier amendments. Amendments 58 to 64 relate to clause 8 which states that when a scrap metal dealer has stopped dealing, they must notify the local authority within 28 days. Why is that the case? If someone has stopped trading, I presume that they will not renew their licence, so why must we place that extra burden on them? That seems quite unnecessary. If we are to have a notification period, why must it be 28 days? That seems a short space of time and it might not be that easy. Businesses do not always have neat cut-off points, and if sales were increasingly infrequent, notifying the local authority might not be at the forefront of someone’s mind. That might put them in breach of the clause and mean they fall into disrepute, so to speak. I am not clear why we need this measure, and my amendments change 28 days to either “three months” or “six months”, which would give businesses more time to meet that requirement. I am not persuaded, however, that such a provision needs to exist.
Amendments 62 and 63 relate to the time given to people to deal with issues. Under clause 8, the local authority has a duty to pass information it receives to the Environment Agency within 28 days, which the amendment would change to three months. Amendments 78 to 84 relate to clause 13 of the Bill which confirms that council officials have the powers to execute a magistrates’ warrant. I flag that up because I wonder whether it would be more appropriate for that to be done by the police. I am rather suspicious of giving council officers police powers that are not entirely necessary. When my hon. Friend the Member for Christchurch discussed another proposal, my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) said that reasonableness is a matter of common sense. All hon. Members have at some point in their lives come across the pettifogging council official. I am not saying that such officials are in the majority or even that there is a sizeable number of them, but by the law of averages, there are bound to be some. Giving council officers police powers is a worrying development, and I hope the Government look again at the proposal. My other amendments in that sphere relate to the same issue.
Amendments 140 to 143 to clause 19 relate to the fact that responsibility for the registration of the scheme will lie with district councils. Amendment 140 would mean that county councils or unitary authorities would be responsible. If I remember rightly—I do not have my note to hand—the 1964 Act refers to county councils, but for some reason, strikingly, the Bill changes that to district councils. Given the scale of each district authority, I believe the matter would be better dealt with at county council or unitary authority level. I hope the Minister and my hon. Friend the Member for Croydon South will consider that. It might be a mistake in the drafting of the Bill.
Philip Davies
I agree with my hon. Friend. Perhaps that is a sign that the Minister, too, is concerned about this aspect of the Bill and does not want to reveal his hand at this stage.
Mr Jeremy Browne
The Bill is a private Member’s Bill, not a Government Bill. My understanding is that it is compliant with the degree of standardisation in government as to what is commonly meant by terms such as “local authorities”. Of course, licensing in other regards is done at district level, so I would not read into the Bill anything more than exists. It was thought that that would be an appropriate, effective and efficient level for the regulations to be undertaken to everyone’s satisfaction.
Philip Davies
It looks like lazy drafting to me. Certain things should be carried out by district councils and others by county councils. The point of legislation is to deem which is the most appropriate. I would venture, as my hon. Friend the Member for Christchurch has done, that the matter should be dealt with by county councils, but we will see what others think.
Amendment 141 would be significant. With regard to mobile collectors, it would replace the term “regularly engages” with
“engages on more than 300 days in a calendar year”.
This gets at whether mobile collecting is somebody’s full-time occupation. The Bill states that the mobile collector must be regularly engaged in door-to-door sales to be registered, but what constitutes “regularly” is surely open to dispute. My amendment would make sense of that. Does the measure regularise the “Steptoe and Son” people who might be out there? I do not know what the Government and my hon. Friend the Member for Croydon South mean by “regularly”, so some clarity on that would help.
Amendments 145 and 146 relate to the offence of recklessly making a statement after being requested to provide further evidence. It is one thing to have an offence of knowingly making a false statement, but adding the word “recklessly” gets us into dangerous territory. I am not entirely sure what the definition of “reckless” is in this regard. Perhaps the Minister could help, or perhaps my hon. Friend the Member for Christchurch, who is usually an expert in this field, could tell us what “recklessly” means. It would be best to leave the word out and leave it at “knowingly”.
That relates to my amendments in this group. I am not too happy with one or two others, and I intended to talk about those, but given that time is pressing and we have other matters to discuss, I will leave my comments there. I do so in the hope that the Minister and my hon. Friend the Member for Croydon South will accept that my amendments have been tabled in an attempt to help the Bill and provide the scrutiny that it deserves, so that we end up with legislation that we are all happy with—that is the whole point of the Report stage of a Bill.
Richard Ottaway (Croydon South) (Con)
I have to confess, having listened to my hon. Friends the Members for Christchurch (Mr Chope) and for Shipley (Philip Davies) for the past hour or two, that I have quite a lot of affection for both of them. The contribution that they make to scrutinising private Members’ Bills should not be ignored. To that extent, they do the House a service. I call them friends in the political sense, and in the opposition years we worked closely together on the 1922 Committee. I do not therefore dismiss their arguments lightly. But given that my hon. Friend the Member for Shipley, in an interview with Materials Recycling World, said that he would not talk out the Bill, I do not want to do his job for him. I shall simply say that I support the new clause moved by the Minister, but I am not persuaded by the force of the arguments for the amendments tabled by my hon. Friends.
Mr Jeremy Browne
I will engage briefly with the points raised by my hon. Friends the Members for Shipley (Philip Davies) and for Christchurch (Mr Chope).
My hon. Friend the Member for Shipley spoke to amendment 66 on financial penalties. Of course, we can always believe that such penalties should be higher or lower, but we believe that those in the Bill are proportionate. He also tabled amendment 73, on proper records, and amendment 74, on the requirement to keep paperwork for three years. A desire to regulate the industry effectively goes to the heart of the Bill. Obviously, we need scrap metal dealers to keep proper, orderly records; otherwise it is not possible for local authorities or the police to check that they are buying and selling the metal that they claim to be buying and selling. We cannot have a Bill in which there is no requirement to keep proper records, because that would mean that we would have to be satisfied with improper, sloppy or inadequate records instead. We are seeking to be consistent and to make the Bill sufficiently onerous in order for it to be effective.
In amendment 66, my hon. Friend seems to be concerned that the fines are too onerous. It is a difficult situation, because my hon. Friend the Member for Christchurch thinks that the Government are too worried about punishing transgressors, whereas my hon. Friend the Member for Shipley seems to have adopted a whole new approach, namely that the Government’s attitude is overly tough and that they fine at a level that is, in his view, inappropriately high. We think that we have struck the right balance.
On amendment 132, I am reliably informed that most metal salvage operators are scrap metal dealers. We do not want two overlapping schemes. The way in which my hon. Friend the Member for Croydon South (Richard Ottaway) has framed the Bill should reduce the regulatory burden on motor salvage operators.
There has been considerable discussion of what constitutes scrap metal and a scrap metal dealer. We are satisfied with the definition in the Bill. It does not specify every single item that could be construed as being scrap metal, but we think that the definition encompasses them, to the satisfaction of my hon. Friend the Member for Enfield North (Nick de Bois). On the difference between old and used, as I understand it, if I have an old car that has reached the end of its life—this is the crucial point—it might be suitable to be turned into scrap metal. Under the definition provided by my hon. Friend the Member for Shipley, if I had bought a car yesterday and had driven it back from the showroom and it was then turned into scrap metal by someone on my behalf, it would also be regarded as scrap metal, but I think that most people would understand the distinction that it would not be old and, therefore, not scrap metal.
Philip Davies
Does the Minister think that the definition is suitable for everything that we want to be covered by the Bill? What harm would by done by accepting amendment 136? It would not take anything away from the existing definition, but add, for the sake of clarity, items of sentimental or heritage value, war memorials, places of worship and metal used for the purposes of rail travel, so that we were certain that they were all covered.
Mr Browne
The Government do not agree with the amendment, because we believe that the definition covers those items and because I share my hon. Friend’s enthusiasm for legislative simplicity and for not implementing legislation that is too difficult for people to understand or comply with. People in this House or beyond may have strong beliefs about how inappropriate it would be to steal and trade other types of metal. It would be impossible to have an exhaustive list in the Bill of every single type of metal, what form it takes and in what circumstances it is displayed. We are confident that the definition includes exactly those items, which is, in part, why the Government are such enthusiastic supporters of my hon. Friend’s Bill.
Philip Davies
I am afraid that that is entirely unsatisfactory, because nobody is asking for a comprehensive definition of every type of metal. Amendment 136 would not take away anything from the definition in the Bill, but would simply add to it. The Minister said that he does not want the legislation to be complicated. The amendment would make it more simple, because it would make it abundantly clear that such matters are covered by the Bill. Whether the Minister thinks that my amendment is needed or not, I do not see how he thinks that it would make the Bill worse.
Mr Browne
I will return to what I think is a tension in the amendments tabled by my hon. Friends the Members for Christchurch and for Shipley. They seem to be arguing, at the same time, that the proposals are unduly burdensome on scrap metal dealers and that they should be far more burdensome. We are trying to strike a balance that will work in practice between dealing, to a large degree, with the terrible problem of scrap metal theft and not unfairly penalising legitimate scrap metal dealers, who we believe will be perfectly able to keep records and comply with the Bill presented to the House by my hon. Friend the Member for Croydon South. That is the balance that we are seeking to strike, and we believe that he has got that balance broadly right. That is why, with a few minor Government amendments, we support his Bill.
Question put and agreed to.
New clause 2 accordingly read a Second time, and added to the Bill.
New Clause 7
Expiry
‘(1) This Act shall expire one year from the date on which it receives Royal Assent.
(2) Section 146 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Offence of buying scrap metal for cash etc.) and amendments made by that section to previous legislation shall expire on the same date.’.—(Philip Davies.)
Brought up, and read the First time.
Philip Davies
I hope to strike more oil with this group of amendments than I have managed thus far. I am rather disappointed that the Minister’s approach so far has been, “This is my script. I won’t listen to the debate, I will just stick to my script come what may.” My hon. Friend the Member for Christchurch (Mr Chope) and I will have another go at persuading him that the Bill could be improved.
Mr Jeremy Browne
May I gently say to my hon. Friend that he makes a slightly unfair criticism? The first part of our deliberation today was on new clause 1, which the Government introduced after listening to representations made in Committee by a Member who is in neither of the governing parties. We have sought to have a collegiate and broad-based approach throughout the process, and we continue to do so.
Philip Davies
I am even more disappointed now, because it appears that only my hon. Friend the Member for Christchurch and I were excluded from the deliberations. The Minister might have been hoping to satisfy me with that intervention, but he has done the exact opposite.
The background to new clause 7 is my fear that we are being asked to agree, in a rushed way and without proper scrutiny, to a Bill that really should have been a Government Bill. It should have gone through the full rigour of scrutiny in the House, and that clearly has not been the case, which is most unsatisfactory. It seems to me perfectly legitimate when one-clause private Members’ Bills are introduced to tidy up technicalities, but we are being asked to rush through a wide-ranging Bill that will have wide-ranging consequences for the public, a particular industry, people linked to that industry and various organisations that are hoping that their property will be better protected. The House should therefore give the Bill proper scrutiny, and that has not been the case.
Our job is to hold the Government’s feet to the fire and ensure that the legislation that we pass is fit for purpose. Based on our deliberations so far, I cannot put my hand on my heart and say that that is the case with this Bill, because of the rushed time scale. The new clause is designed to address that problem. It states that the Act—should the Bill become an Act—
“shall expire one year from the date on which it receives Royal Assent”,
and that section 146 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which dealt with the banning of cash payments in the industry, shall expire on the same date. That provision itself was a late entry to the 2012 Act, rushed through at the last minute as a knee-jerk reaction without proper scrutiny. It was the “looking as if we’re doing something” approach to politics.
The new clause would enable the measures that my hon. Friend the Member for Croydon South (Richard Ottaway) has worked incredibly hard to bring to the statute book to be brought into force, but give the Government time to come back to us with legislation that was better thought through and better scrutinised by both Houses. We would therefore end up with legislation that we could all be satisfied was fit for purpose, rather than the final word being this Bill, which is being rushed through and in which we may well make a mistake.
Philip Davies
My hon. Friend is absolutely right—I, too, noted that form of words. As my hon. Friend the Member for Croydon South is promoting the Bill, I trust that what he says will happen will happen, and urge the Minister to accept his suggestion. I would be happy to pause in my remarks to allow him to leap to his feet, as he has been prone to do throughout my contributions, to confirm whether the Government will accept my hon. Friend’s suggestion.
Mr Jeremy Browne
I was wondering whether it would be better to react at the end of the debate on this group of amendments, and whether that might encourage brevity from my hon. Friend, or whether to react now. What does he believe would be most likely to bring proceedings to an appropriate conclusion?
Philip Davies
I can assure the Minister that his making a clear commitment now would help to speed things along.
Mr Browne
I suspected that that might be the case, which is why I have leapt to my feet again. Having had the opportunity to consider my hon. Friend’s amendments and having heard from my hon. Friend the Member for Croydon South (Richard Ottaway) of his wish for the Government to make the concession when the other place deliberates on the Bill, I endorse that approach, as do the Government as a whole—to reassure my hon. Friend the Member for Christchurch (Mr Chope), there is no conspiracy. The Government will seek to support the undertaking given by my hon. Friend the Member for Croydon South.
Philip Davies
Some may argue that this is a red letter day for me—it is the first time I have extracted a concession from a Government of any persuasion. I accept it in the spirit it was given, and I am grateful to my hon. Friend the Member for Croydon South for showing such a flexible attitude. A review is essential, as is an expiry date which, in effect, forces the Government to return to the legislation in future, having considered all the evidence from the review. That will ensure that we get legislation that is right in the long term. That is absolutely the right approach—I gently suggest that it is a model for future legislation, but I will not push my luck too far.
To tidy up the other amendments in my name in the group, I suggest that the Government should, as part of the review, publish the crime figures associated with scrap metal theft for the whole of the period of the review. Given that we are seeking to tackle the problem of metal theft, those figures will be an important part of any review. My amendments would ensure that they would be part of it, so—I am on a roll—I hope the Minister agrees to them.
I also ask the Government to publish a study comparing the use of all legislation prior to the introduction of the Bill, and an assessment of the effect that prohibiting scrap metal dealers from using cash has on business. The general tenor of the amendments is to ensure that crime and the scrap metal industry are properly considered by the review. I am sure that that is what all hon. Members would want and expect, and the amendments will ensure that it happens.
On that note, I again thank my hon. Friend the Member for Croydon South for his flexible approach and his willingness to accept an earlier review than the Bill allows and an expiry date. That is a great credit not only to him, but to the Bill.
Mr Jeremy Browne
I am delighted that we have managed to work the hon. Member for Christchurch (Mr Chope) into a state of parliamentary euphoria not only about the procedures in this place but about the fact that, in his words, the Government are really making a difference here. I wholeheartedly endorse his endorsement of what the Government are doing. We are seeking to make a difference. I am slightly discomforted by his laissez-faire approach to the legislative process, but we want to be accommodating and collegiate, and I am pleased that that spirit has come across in our approach to the amendments.
I will pass over the more churlish contribution from the right hon. Member for Delyn (Mr Hanson) as being entirely out of character.
I shall speak briefly to new clause 7. It was envisaged that this legislation would expire after one year, but, although I enjoy having regular discussions about this subject, I do not know whether the Government would be entirely happy about having an annual scrap metal traders Bill to discuss in detail. The Government do not take the view, therefore, that the legislation expiring after one year is suitable, but, because this is a wide-ranging Bill, it would be wise to review its progress, should it come into force. We would obviously want that review to be comprehensive, and the proposal for a five-year expiry strikes the right balance. It will give the legislation time to bed in and, we hope, take effect. The legislation would then expire after five years and, if need be, be replaced by even more effective legislation, drawing on the experience that will have been accrued over those five years and after we have had a review. The Government are happy to endorse the generous approach taken by my hon. Friend the Member for Croydon South (Richard Ottaway) in putting forward the proposal for a five-year review. I know that the legislation will proceed on that basis, with the enthusiastic support of Members across the House.
Philip Davies
I reiterate my thanks to my hon. Friend the Member for Croydon South (Richard Ottaway) and the Minister for showing such flexibility, although I agree with my hon. Friend the Member for Christchurch (Mr Chope) that the shadow Minister was not at his best—let us phrase it like that—on this group of amendments. I am grateful to my hon. Friend the Member for Christchurch for thinking that the process could be named after me, but, if it is to bear my name and that of my hon. Friend the Member for Croydon South, it would certainly be better as the Ottaway-Davies new clause—we should get the seniority right in these matters.
On the basis of the Minister’s offer that the Bill will be reviewed after three years and expire after five, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Clause 2
Form and effect of licence
Amendments made: 1, page 1, line 17, at end insert—
‘() name the authority,’.
Amendment 2, page 2, line 6, after ‘licensee,’, insert—
‘() name the authority,’.
Amendment 3, page 2, line 8, leave out subsection (7) and insert—
‘( ) A licence is to be in a form which—
(a) complies with subsections (4) and (6), and
(b) enables the licensee to comply with section [Display of licence] (display of licence).
( ) The Secretary of State may in regulations prescribe further requirements as to the form and content of licences.’.—(Mr Jeremy Browne.)
Clause 3
Issue of licence
Amendments made: 4, page 3, line 12, at end insert—
‘() the Natural Resources Body for Wales;’.
Amendment 5, page 3, line 17, leave out ‘between specified hours of the day’ and insert
‘except between 9 a.m. and 5 p.m. on any day’.—(Mr Jeremy Browne.)
Clause 4
Revocation of licence and imposition of conditions
Amendments made: 6, page 3, line 35, leave out from beginning to ‘comes’ and insert
‘A revocation or variation under this section’.
Amendment 7, page 3, line 38, at end insert—
‘(6A) But if the authority considers that the licence should not continue in force without conditions, it may by notice provide—
(a) that, until a revocation under this section comes into effect, the licence is subject to one or both of the conditions set out in section3(8), or
(b) that a variation under this section comes into effect immediately.’.—(Mr Jeremy Browne.)
Clause 6
Supply of information by authority
Amendment made: 8, page 4, line 8, after ‘Agency,’, insert—
‘() the Natural Resources Body for Wales,’.—(Mr Jeremy Browne.)
Clause 7
Register of licences
Amendments made: 9, page 4, line 13, at end insert
‘issued by authorities in England.
‘( ) The Natural Resources Body for Wales must maintain a register of scrap metal licences issued by authorities in Wales.’.
Amendment 10, page 4, line 14, leave out ‘register’ and insert ‘registers’.
Amendment 11, page 4, line 21, leave out ‘register is’ and insert ‘registers are’.
Amendment 12, page 4, line 22, after ‘Agency’, insert
‘or the Natural Resources Body for Wales’.
Amendment 13, page 4, line 22, leave out second ‘the’ and insert ‘its’.—(Mr Jeremy Browne.)
Clause 8
Notification requirements
Amendments made: 14, page 4, line 38, leave out ‘the Environment Agency’ and insert ‘the relevant environment body’.
Amendment 15, page 5, line 4, leave out ‘the Environment Agency’ and insert ‘the relevant environment body’.
Amendment 16, page 5, line 5, leave out ‘Agency’ and insert ‘body’.
Amendment 17, page 5, line 10, at end insert—
‘( ) In this section “the relevant environment body” means—
(a) for an authority in England, the Environment Agency;
(b) for an authority in Wales, the Natural Resources Body for Wales.’.—(Mr Jeremy Browne.)
Clause 12
Records of dealings
Amendments made: 18, page 6, line 26, divide Clause 12 into two clauses, the first [Records of dealings: receipt of metal] to consist of subsections (1) to (5) and the second [Records: supplementary] to consist of subsections (6) to (11).
Amendment 19, page 6, line 30, leave out ‘type and weight’ and insert
‘type (or types if mixed), form, condition, weight and any marks identifying previous owners or other distinguishing features’.
Amendment 20, page 6, line 42, leave out subsections (4) and (5) and insert—
‘(4) If the dealer pays for the metal by cheque, the dealer must keep a copy of the cheque.
(5) If the dealer pays for the metal by electronic transfer—
(a) the dealer must keep the receipt identifying the transfer, or
(b) if no receipt identifying the transfer was obtained, the dealer must record particulars identifying the transfer.’.
Amendment 21, page 7, line 7, after ‘subsections (2) and (5)’, insert
‘and section [Records of dealings: disposal of metal](3) and (4)’.
Amendment 22, page 7, line 13, after ‘subsections (2) to (5)’, insert
‘and section [Records of dealings: disposal of metal](3) and (4)’.
Amendment 23, page 7, line 14, at end insert
‘or (as the case may be) disposed of.’.
Amendment 24, page 7, line 15, after ‘under’, insert
‘section [Records of dealings: receipt of metal], section [Records of dealings: disposal of metal] or’.
Amendment 25, page 7, line 18, after ‘at’, insert
‘or (as the case may be) despatched from’.—(Mr Jeremy Browne.)
Clause 13
Right to enter and inspect
Amendment made: 26, page 8, line 24, leave out ‘section 12’ and insert
‘section [Records of dealings: receipt of metal] or [Records of dealings: disposal of metal]’.—(Mr Jeremy Browne.)
Third Reading