---

Column 747

Fisher, Mark

Flannery, Martin

Flynn, Paul

Foot, Rt Hon Michael

Fry, Peter

Fyfe, Maria

George, Bruce

Graham, Thomas

Griffiths, Nigel (Edinburgh S)

Hardy, Peter

Heal, Mrs Sylvia

Heffer, Eric S.

Hinchliffe, David

Hood, Jimmy

Howells, Dr. Kim (Pontypridd)

Hughes, Robert (Aberdeen N)

Hughes, Roy (Newport E)

Janner, Greville

Jessel, Toby

Kilfedder, James

Leighton, Ron

Lewis, Terry

McAllion, John

McAvoy, Thomas

McCartney, Ian

McWilliam, John

Madden, Max

Marlow, Tony

Marshall, David (Shettleston)

Marshall, Jim (Leicester S)

Martin, Michael J. (Springburn)

Michie, Bill (Sheffield Heeley)

Murphy, Paul

Oakes, Rt Hon Gordon

Paisley, Rev Ian

Parry, Robert

Patchett, Terry

Pendry, Tom

Pike, Peter L.

Prescott, John

Redmond, Martin

Rogers, Allan

Rowlands, Ted

Shepherd, Richard (Aldridge)

Shore, Rt Hon Peter

Skinner, Dennis

Steinberg, Gerry

Thompson, Jack (Wansbeck)

Wardell, Gareth (Gower)

Watson, Mike (Glasgow, C)

Wells, Bowen

Wigley, Dafydd

Williams, Rt Hon Alan

Williams, Alan W. (Carm'then)

Winnick, David

Young, David (Bolton SE)

Tellers for the Noes :

Mr. Jonathan Aitken and

Mr. Teddy Taylor.

Question accordingly agreed to.

Mr. Nicholas Bennett (Pembroke) : On a point of order, Mr. Speaker. My point of order relates to that raised by the hon. Member for Carrick, Cumnock and Doon Valley (Mr. Foulkes) about the sub judice rule. May we have a ruling from you tomorrow about statements made by Ministers on general matters of law in cases in which the Court of Appeal subsequently reverses the decision of a lower court? Clearly, on your ruling today, the matters in question were not sub judice, and ruling in this case has major implications for the future. May we also have your advice on whether Court of Appeal rulings may be debated after they are issued?

Mr. Speaker : As I told the hon. Member for Denton and Reddish (Mr. Bennett), I shall reflect on this matter and see whether the responsibility is properly mine.

---

Column 748

Orders of the Day

Environmental Protection Bill

As amended (in the Standing Committee), considered.

New Clause 11

Public registers of information

.--(1) It shall be the duty of each enforcing authority, as respects prescribed processes for which it is the enforcing authority, to maintain, in accordance with regulations made by the Secretary of State, a register containing prescribed particulars of or relating to--

(a) applications for authorisations made to that authority ; (b) the authorisations which have been granted by that authority or in respect of which the authority has functions under this Part ; (c) variation notices, enforcement notices and prohibition notices issued by that authority ;

(d) revocations of authorisations effected by that authority ; (e) appeals under section 14 above ;

(f) convictions for such offences under section 20(1) below as may be prescribed ;

(g) information obtained or furnished in pursuance of the conditions of authorisations or under any provision of this Part ; (h) directions given to the authority under any provision of this Part by the Secretary of State ; and

(i) such other matters relating to the carrying on of prescribed processes or any pollution of the environment caused thereby as may be prescribed ;

but that duty is subject to sections --(Exclusion from registers of information affecting national security) --and --(Exclusion from registers of certain confidential information) --below.

(2) Subject to subsection (3) below, the register maintained by a local enforcing authority shall also contain prescribed particulars of such information contained in any register maintained by the chief inspector as relates to the carrying on in the area of the authority of prescribed processes in relation to which the chief inspector has functions under this Part ; and the chief inspector shall furnish each authority with the particulars which are necessary to enable it to discharge its duty under this subsection.

(3) Subsection (2) above does not apply to port health authorities but each local enforcing authority whose area adjoins that of a port health authortiy shall include corresponding information in the register maintained by it ; and the chief inspector shall furnish each such local enforcing authority with the particulars which are necessary to enable it to discharge its duty under this subsection. (4) Where information of any description is excluded from any register by virtue of section --(Exclusion from registers of certain confidential information) --below, a statement shall be entered in the register indicating the existence of information of that description.

(5) The Secretary of State may give to enforcing authorities directions requiring the removal from any register of theirs of any specified information not prescribed for inclusion under subsection (1) or (2) above or which, by virtue of section --(Exclusion from registers of information affecting national security) --or --(Exclusion from registers of certain confidential information) --below, ought to have been excluded from the register.

(6) It shall be the duty of each enforcing authority--

(a) to secure that the registers maintained by them under this section are available, at all reasonable times, for inspection by the public free of charge ; and

---

Column 749

(b) to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges.

(7) Registers under this section may be kept in any form. (8) For the purpose of enabling the National Rivers Authority to discharge its duty under section 117(l)(f) of the Water Act 1989 to keep corresponding particulars in registers under that section, the chief inspector shall furnish the Authority with the particulars contained in any register maintained by him under this section. (9) In this section "prescribed" means prescribed in regulations under this section.'.-- [Mr. Trippier.]

Brought up, and read the First time.

5.2 pm

The Minister for the Environment and Countryside (Mr. David Trippier) : I beg to move, That the clause be read a Second time

Mr. Speaker : With this, it will be convenient to take the following : Government new clause 12-- Exclusion from registers of information affecting national security.

Government new clause 13-- Exclusion from public registers of certain confidential information--

.--(1) No information relating to the affairs of any individual or business shall be included in a register maintained under section --(Public registers of information) -- above, without the consent of that individual or the person for the time being carrying on that business, if and so long as the information--

(a) is, in relation to him, commercially confidential ; and (b) is not required to be included in the register in pursuance of directions under subsection (6) below ;

but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by the enforcing authority or, on appeal, by the Secretary of State. (2) Where information is furnished to an enforcing authority for the purpose of--

(a) an application for an authorisation or for the variation of an authorisation ;

(b) complying with any condition of an authorisation ; or (c) complying with a notice under section 18(2) above ; then, if the person furnishing it applies to the authority to have the information excluded from the register on the ground that it is commercially confidential (as regards himself or another person), the authority shall determine whether the information is or is not commercially confidential.

(3) Where it appears to an enforcing authority that any information (other than information furnished in circumstances within subsection (2) above) which has been obtained by the authority under or by virtue of any provision of this Part might be commercially confidential, the authority shall--

(a) give to the person to whom or whose business it relates notice that that information is required to be included in the register unless excluded under this section ; and

(b) give him a reasonable opportunity--

(i) of objecting to the inclusion of the information on the ground that it is commercially confidential ; and

(ii) of making representations to the authority for the purpose of justifying any such objection ;

and, if any representations are made, the enforcing authority shall, having taken the representations into account, determine whether the information is or is not commercially confidential.

(4) Where, under subsection (2) or (3) above, an authority determines that information is not commercially confidential

---

Column 750

(a) the information shall not be entered on the register until the end of the period of twenty-one days beginning with the date on which the determination is notified to the person concerned ;

(b) that person may appeal to the Secretary of State against the decision ;

and, where an appeal is brought in respect of any information, the information shall not be entered on the register pending the final determination or withdrawal of the appeal.

(5) Subsections (3), (4) and (9) of section 14 above shall apply in relation to appeals under subsection (4) above.

(6) The Secretary of State may give to the enforcing authorities directions as to specified information, or descriptions of information, which the public interest requires to be included in registers maintained under section --(Public registers of information) -- above notwithstanding that the information may be commercially confidential.

(7) Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this section at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded ; but the person who furnished it may apply to the authority for the information to remain excluded from the register on the ground that it is still commercially confidential and the authority shall determine whether or not that is the case.

(8) Subsections (4) and (5) above shall apply in relation to a determination under subsection (7) above as they apply in relation to a determination under subsection (2) or (3) above.

(9) Information is, for the purposes of any determination under this section, commercially confidential, in relation to any individual or person, if its being contained in the register would prejudice to an unreasonable degree the commercial interests of that individual or person.'

Amendment (a) thereto ; to leave out subsection (6).

Government new clause 33-- Exclusion from registers of information affecting national security.

Government new clause 34-- Exclusion from registers of certain confidential information.

New clause 3-- Public rights in relation to pollution --

( )--(1) The Secretary of State shall within three months of the date of Royal Assent lay regulations for the purpose of establishing public rights in relation to the prevention and amelioration of pollution as specified in this section.

(2) For the avoidance of doubt, it is hereby stated that any person may initiate a prosecution for an alleged pollution offence under section 19 below.

(3) Any appeal against a refusal, amendment or revocation of an authorisation under Part I, or against conditions attached to any such authorisation, shall be made to an independent tribunal established by the Secretary of State under this section, which shall include industrial, trade union and environmental representatives and be chaired by an independent person.

(4) The tribunal established under subsection (3) above shall meet in public, hear evidence from any interested person and publish its decisions together with reasons relevant thereto.

(5) Any enforcement authority for the purposes of Part I shall be required by regulations made under this section to make available to any person on request details of analyses and investigations undertaken by it in the exercise of its functions, subject only to payment of such charge as shall be reasonable to cover the cost of reproducing the documents concerned.

(6) Each district authority shall compile and maintain a register open to public inspection of contaminated land in its area in accordance with regulations made under this section.

---