Deregulation Bill

Lord Wallace of Saltaire Excerpts

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.

[Lord Tope]

My Lords, I am of course, as always, grateful to my noble friend Lady Hanham. I was going to say “for her support”, but who is supporting who? We are as one on this. I have just said to her that it is good to have her back onside. I always knew what she really thought, because we have known each other for so long. Now, at last, she can say it.

I am grateful to my noble friend the Minister for his response and, indeed, whether he meant to or not, for confirming that we have this clause as the result of a “press campaign”—those were the words that he used—not because there is any evidence that vast numbers of innocent householders are being persecuted and prosecuted for their innocent mistakes. If that has ever happened, it is certainly not the norm. It certainly does not happen to the extent that requires this sort of heavy-handed additional regulation.

Reference has been made to different systems in different areas. In passing, most people only live in one local authority area, and it is not of much concern to most people what happens in other areas because they never experience it—unless they happen to live in two, three or more homes. Having said that, I entirely agree that greater harmonisation and simplification between local authorities in their collection arrangements, particularly for recycling, would be extremely helpful, however many homes one happens to live in. That is a job for the local authorities and the Local Government Association. It is not a job in which central government needs to intervene or is able to usefully add anything to what local authorities can do.

I said in my opening remarks—because I have always believed it very strongly—that I too believe in supporting recycling, not threatening it, and giving incentives for recycling. That was something that my council started to do the day when I became leader of it, as it happens. However, I have also said that you need to be able to back that up with a threat or disincentive. You will hope that it is never needed; if your incentives are working well and properly, that threat will never need to be used, but it needs to be there as a back-up. I am at one with the Government in wishing to incentivise rather than threaten, but not with them on the wish effectively to withdraw any meaningful threat.

The Minister says that he hopes that I will withdraw the amendment. He knows very well that the rules require that I do so. I have no choice but to beg leave to withdraw it, but I feel sure somehow that we will return to the issue of waste collection at a later stage of the Bill.

--- Later in debate ---

[Lord Hunt of Chesterton]

My Lords, I support the amendment. Air pollution in the UK is pretty serious and getting worse. We now have a better understanding that the larger the city, the more cars there are. In fact, cars travel longer distances in smaller cities. There is increasing awareness about air pollution, particularly in London, and the parties involved realise the seriousness of this. Other cities will have to make their own air quality assessments as they grow, so it is surprising that a Government who wish to make the UK seem like a desirable place to live and set up industry have introduced this measure. We know from experience around the world that incoming businesses and industries take a great interest in the environment but, under the Bill, local authorities will not be compelled to produce these assessments.

There is an equity aspect to this. We see large differences in life expectancy across London. Studies carried out every day in London show very high levels of pollution in areas with poorer housing. Therefore, it seems strange that we should be moving backwards in this respect. Websites show that the best city in Europe in this regard is Zurich and show how bad other cities are in comparison. The Government are taking a retrograde step in this regard. That is why this amendment insists that the Secretary of State takes this issue very seriously.

I regret that the amendment does not refer to noise, because the situation in the UK is pretty bad in that respect. If you drive round Germany, you see notices on the road advising you to drive slowly to reduce noise. The North Circular road is extremely noisy. People accelerate between traffic controls and the residents have to put up with that noise. There is no attempt in this country to tell people about the danger of noise pollution and how they can moderate their behaviour to reduce it. Local authorities are not encouraged to do that. Part 5 of this schedule takes a regressive step in not insisting that local authorities not only designate noise abatement zones but inform people how to reduce noise in these areas. I hope very much that the amendment will be carried.

[Lord Wallace of Saltaire]

My Lords, I think there are some limits to how far we would necessarily take this as a general model in this area. The noble Lord will be well aware that all efforts to agree speed limits within the European Union and to deal with the problem of cars going extremely fast are blocked by the Germans, who have a very powerful lobby, not unconnected with BMW and Mercedes Benz, which insists on having cars which are extremely powerful, which we all know also produce more pollutants when they are being driven very fast. They are driven very fast across Germany, rather more quickly than they are allowed to be driven through other countries, so Germany is a mixed example, I think.

This government proposal is not to lower air quality. I recognise in the admirably clear speech of the noble Lord, Lord Whitty, the much wider issues which he is raising about the Government’s overall strategy on air quality. This is a deregulatory measure which simply aims to remove the requirement for a further assessment when an air quality zone has already been agreed. The Government give active support to local authorities when it has been decided that a low emission zone or strategy is the appropriate action. We have so far funded 15 separate low emission zone-related projects or feasibility studies for our local air quality grant scheme. We have also disseminated the results that have come from these studies as good examples for local authorities. Since 1997, over £52 million has been spent to support local authorities in delivering low emission strategies, including feasibility studies with low emission zones and the uptake of clean vehicle technology and programmes to change behaviour.

There is regular feedback from local authorities, and an independent review of local air quality management in 2010 indicated that this requirement for a further assessment, or a second round of assessment, did not add to the understanding of local air quality and actually delayed the production and implementation of local action plans required under the Act. This was confirmed in a consultation with air quality stakeholders in January 2013. I refute the argument that the noble Lord, Lord Whitty, has put forward—that this is an attempt to weaken the local air quality regime. This is very much an attempt to support what local authorities do and to speed up their implementation of such zones when they are agreed. The Government continue to give active support in this regard. I recognise what the noble Lord, Lord Hunt, said about the overall problem of air quality. As I sat listening to him, I recalled that, as a boy, when I first came to a choir school in London, I was here just in time for the last great smog, in 1953 I think it was. Air quality has improved a little since then, and life expectancy has improved with it.

However, this change is a limited one, as are many others in the Bill. It will allow local authorities to prepare and implement air quality action plans more quickly and to avoid duplicating information gathered either in the earlier, detailed assessment stage that is required or in the preparation of the air quality plan. That is the limit of what we are attempting to do here. We remain actively committed to higher air quality throughout Britain. We have supported local emissions zones: I have just been handed a note which remarks on the local emissions zones in Oxford, York, Bradford, Southampton, Birmingham and Hackney. With that reassurance, I hope that the noble Lord will be able to withdraw his amendment.

[Lord Whitty]

I thank the Minister for that. As on the previous occasion, I have no option but to withdraw it. However, the basis on which I withdraw it is not quite the same as the Minister’s.

The Minister is right to say that this is a relatively specific requirement, relating to checking what the effect would be of the emission zones, once established. But that is part of the evidence for extending them further. If they were simply replacing it with something more useful, I would not object to the deletion as such. But the reality is that that is just one part of what the Government seem—despite what the Minister has said—to be retreating from. They are not encouraging local authorities in a broad sense, although some local authorities, because of impetus within themselves, are still putting forward local emission zone propositions. I was surprised to hear Birmingham on that list, but I take the Minister’s word for it; some of the others I do know about. Local authorities as a whole do not feel that they are being encouraged to initiate new local emission zones. The Government are not really answering the essential thrust of this: if they are deleting what they regard as pernickety requirements, they should do so in the context of replacing them with a broader approach to encourage initiatives and activity at local and national level to improve our air quality.