Scrap Metal Dealers Bill

Lord Faulkner of Worcester Excerpts

Friday 18th January 2013 Lords Chamber

[Earl Attlee]

My Lords, I shall speak also to Amendments 2 and 3. These three government amendments relate to the expiry and review of the Act. The Government made a commitment during the Bill’s Report stage in the other place to lay these amendments and I hope that noble Lords will view them in good favour.

Amendment 1 inserts an expiry clause into the Bill whereby the Act will automatically expire five years after commencement of the licensing requirement in Clause 1. Clause 18 contains a review provision and I would expect the Government of the day to carefully consider the outcome of the statutory review and bring forward an appropriate response to provide some long-term certainty for the regulation of the scrap metal industry.

While I am sure that the industry would prefer longer-term certainty, the review and subsequent expiry will see early action if this regulation is proving costly, difficult, or ineffective. That said, the Government are confident that the provisions in the Bill will have the desired effect and that any subsequent legislation will be based around this regulatory regime. However, having listened to the arguments made during the Bill’s passage in the other place for the inclusion of an expiry clause, we agreed to its inclusion, which is why we have laid this amendment today so that the Bill will automatically expire five years after commencement.

Amendment 2 modifies the review clause from five to three years. The statutory review will require the Secretary of State to assess the extent to which the Act’s objectives have been achieved and a shorter review period will therefore allow this consideration to be made at an earlier stage. This review will play a pivotal role in the development of future legislation and tie in with the timetable for bringing forward any new legislation after five years.

Finally, Amendment 3 reduces the scope of the review to remove the need to assess whether the Act should be repealed. This requirement is no longer necessary because Amendment 1 inserts a sunset clause—the expiry clause—and the Act will therefore automatically be repealed after five years. The review should, however, focus on assessing the effectiveness of the regime and recommending any future legislation required.

These three amendments will achieve the right overall framework for the future of this regulatory regime and allow for the Government of the day to bring forward effective long-term regulation following an assessment of the effectiveness of the Bill before us. I beg to move.

[Lord Faulkner of Worcester]

My Lords, I hold the noble Earl in the highest regard, so I know he will not take personally the criticism that I going to direct at the amendment which he has moved this morning. In my time here, I can recall a number of occasions when attempts have been made in this House to add a sunset clause to a Bill that has come to us from another place. In every case, these clauses had been felt necessary in order to improve an otherwise unsatisfactory Bill—often to insert a safeguard into a measure that was controversial or threatened civil liberties and human rights. That is not what we have in front of us this morning. This amendment will not improve the Bill; indeed, it will damage it in two material respects.

First, passing the amendment will delay the Bill’s enactment, as it would have to go back to the other place to get the amendment agreed. Given the track record of a small number of Conservative MPs who routinely try to use procedural devices to block Private Members’ Bills, who can be certain that those who threatened to talk out this Bill on 9 November—or some of their friends—would not attempt to do the same thing again? If, however, we pass the Bill unamended, it would not need to return to the House of Commons and could obtain Royal Assent almost immediately.

My second objection to the sunset clause is that it sends the worst possible signal to all those who are desperately attempting to tackle and defeat the metal thieves. Heroic efforts have been made in the last year by the British Transport Police and the civil police, local authorities, trade associations, reputable scrap metal dealers, the churches, the War Memorials Trust, the energy companies, Network Rail and the train operating companies and the Home Office. They have all worked tirelessly to bring down the incidence of metal theft, catch the offenders and ensure convictions.

As I said at Second Reading, as a result of all this activity, the British Transport Police told me that,

“there has been a decrease in reported metal theft of 52%”.—[Official Report, 30/11.2012; col. 412.]

There have been numerous press reports of successful prosecutions and convictions. In my own area recently, we saw the conviction of all eight members of a Romanian gang which had travelled from Birmingham to the Cotswolds to steal engineering cable from the railway worth nearly half a million pounds on the line between Evesham and Moreton-in-Marsh—two towns not known for their incidence of high crime. How can it make sense for this House now to agree an amendment which would take this vital new law off the statute book altogether in five years’ time and give whoever is in government then the headache of having to pass such a law all over again?

Thanks to the diligence of the noble Baroness, Lady Browning, and the Commons sponsor, Richard Ottaway MP, we have an excellent Bill in front of us, which, as every noble Lord who spoke on 30 November believes, will do the job expected of it. I am aware that the Minister in another place gave a commitment to give this House the opportunity to consider the addition of a sunset clause—not to improve the Bill, but in order to buy off the two Members who habitually cause trouble for Private Members’ Bills. The noble Earl has fulfilled that commitment by moving that amendment this morning. It does mean that the House is obliged to accept it.