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Schedule 2
Waste Disposal Authorities and Companies
Amendments made : No. 95, in page 132, line 41, leave out this Act' and insert the transfer scheme'.
No. 122, in page 132, line 42, at end insert--
-- Benefit of certain planning permission
--.--(1) This paragraph applies in relation to planning permission deemed to have been granted to the authority under regulation 4 of the Town and Country Planning General Regulations 1976 (deemed planning permission for development by local authorities) which subsists at the vesting date.
(2) Any planning permission to which this paragraph applies which authorises the use of land by the authority for the treatment or disposal of waste shall, on the transfer of the land to the company by the scheme, enure for the benefit of the land.'.
No. 96, in page 135, leave out lines 3 to 16.
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No. 97, in page 135, line 17, at end insert --16A. A waste disposal authority shall, in determining the terms and conditions of any contract which the authority proposes to enter into for the keeping, treatment or disposal of waste, so frame the terms and conditions as to avoid undue discrimination in favour of one description of waste disposal contractor as against other descriptions of waste disposal contractors.'.
No. 98, in page 135, line 19, leave out from contract' to of' in line 20 and insert
which the authority proposes to enter into for the keeping, treatment or disposal'.
No. 99, in page 135, line 31, at end insert--
Procedure for putting waste disposal contracts out to tender 17A.--(1) A waste disposal authority which proposes to enter into a contract for the keeping, treatment or disposal of controlled waste shall comply with the following requirements before making the contract and if it does not any contact which is made shall be void. (2) The authority shall publish, in at least two publications circulating among waste disposal contractors, a notice containing-- (a) a brief description of the contract work ;
(b) a statement that during a specified period any person may inspect a detailed specification of the contract work free of charge at a specified place and time ;
(c) a statement that during that period any person will be supplied with a copy of the detailed specification on request and on payment of the specified charge ;
(d) a statement that any person who wishes to submit a tender for the contract must notify the authority of his wish within a specified period ; and
(e) a statement that the authority intend to invite tenders for the contract, in accordance with sub-paragraph (4) below.
(3) The authority shall--
(a) ensure that the periods, place and time and the charge specified in the notice are such as are reasonable ;
(b) make the detailed specification available for inspection in accordance with the notice ; and
(c) make copies of the detailed specification available for supply in accordance with the notice.
(4) If any persons notified the authority, in accordance with the notice, of their wish to submit tenders for the contract, the authority shall--
(a) if more than four persons did so, invite at least four of them to tender for the contract ;
(b) if less than four persons did so, invite each of them to tender for the contract.
(5) In this paragraph--
"the contract work", in relation to a contract for the keeping, treatment or disposal of waste, means the work comprising the services involved in the keeping, treatment or disposal of the waste under the contract ; and
"specified" means specified in the notice under sub-paragraph (2) above.
17B. A waste disposal authority, in taking any of the following decisions, namely--
(a) who to invite to tender for the contract under paragraph 17A(4)(a) above, and
(b) who to enter into the contract with,
shall disregard the fact that any waste disposal contractor tendering for the contract is, or is not, controlled by the authority.
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Variation of waste disposal contracts17C. Where a waste disposal authority has entered into a contract with a waste disposal contractor under the authority's control, paragraph 16A above shall, with the necessary modifications, apply on any proposed variation of the contract during the subsistence of that control, in relation to the terms and conditions that would result from the variation as it applies to the original contract.'.-- [Mr. Trippier.]
Schedule 4
Further Amendments of the Radioactive Substances Act
1960 Amendments made : No. 8, in page 138, line 39, leave out from second inspector' to end of line 40.
No. 9, in page 140, line 10, leave out (4)' and insert (5)'. No. 10, in page 140, line 37, at end insert--
(d) in subsection (6), for the words "the last preceding subsection" there shall be substituted the words "subsection (5) of this section".'.
No. 11, in page 142, line 33, leave out for England and Wales'. No. 12, in page 142, line 39, at end insert
or
(d) revoke such an authorisation.'.
No. 13, in page 143, line 34, at end insert--
( ) An appeal under this section shall, if and to the extent required by regulations under subsection (10) of this section, be advertised in such manner as may be prescribed.'.
No. 14, in page 144, line 23, leave out the procedure for'. No. 15, in page 144, line 40, after whom', insert he has served'.
No. 16, in page 144, line 41, leave out is served'.
No. 17, in page 148, line 3 after inspector)', insert (a)'. No. 18, in page 148, line 4 leave out and' and insert
(b
(for the words "the last preceding section" there shall be substituted the words "section twelve of this Act"; and)
(c
No. 19, in page 148, line 16, at end insert--
(10) After subsection (8) there shall be inserted the following subsection- -
"(9) Where the commission by any person of an offence under this section is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings for the offence are taken against the first- mentioned person." '.
No. 20, in page 149, line 4, at end insert-- Expenses and receipts . In section 16 of the 1960 Act (expenses and receipts)-- (
(a) in subsection (1)(a), for the words following "incurred by" there shall be substituted the words "the Secretary of State or the Minister of Agriculture, Fisheries and Food under this Act"; and (
(b) in subsection (2), for the word "Minister" there shall be substituted the words "Secretary of State or the Minister of Agriculture, Fisheries and Food".'.
No. 21, in page 149, leave out lines 18 to 22 and insert
(a
(for any reference to the chief inspector there shall be substituted a reference to the chief inspector for Scotland, being the inspector so appointed by the Secretary of State for the purposes of this Act in relation to Scotland ;)
(b
(any reference to the Minister of Agriculture, Fisheries and Food shall be omitted and anything required to be done in England by both the chief inspector and that Minister shall be done in Scotland by the chief inspector for Scotland ;'.)
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No. 22, in page 149, line 37, leave out from (k)' to in' line 42.No. 23, in page 150, leave out lines 4 to 7-- [Mr. Trippier.]
Schedule 11
Amendments of the Prevention of Oil Pollution Act 1971
Amendments made : No. 303, in page 176, line 23, at end insert-- (ia) when, in the absence of a warrant or citation, the master or owner is first brought before a court competent to deal with the case ;
(ib) when, in a case where he is liberated upon a written undertaking in terms of section 18(2)(a) or 295(1)(a) of the Criminal Procedure (Scotland) Act 1975, the master or owner appears at the specified court at the specified time ;
(ic) when, in a case mentioned in paragraph (ib) above, the master or owner fails to appear at the specified court at the specified time, the court grants warrant for his apprehension ;'.
No. 304, in page 176, line 26, leave out from 1975' to ; and ' in line 27.
No. 305, in page 176, line 34, after abandoned', insert (other than pro loco et tempore) '.-- [Mr. Trippier.]
Schedule 12
Consequential and Minor Amendments of Enactments
Amendments made : No. 91, in page 180, line 46, after or', insert the'.
No. 90, in page 181, line 42, at end insert--
Functions assignable to London port health authority In section 7(4) of the Public Health (Control of Disease) Act 1984 (enactments functions under which are assignable to London port health authority), after the paragraph (k) inserted by paragraph 23 of Schedule 6 to the Building Act 1984, there shall be inserted the following paragraph--
"(l) Part I and Part III of the Environmental Protection Act 1990 ;".'.
No. 296, in page 182, line 18, at end insert--
Meaning of household waste : competition . In Schedule 1 to the Local Government Act 1988 (competition : collection of household waste), paragraph 1 shall be amended as follows--
(a) in sub-paragraph (1), the words "In the application of this Part to England and Wales," shall be omitted ;
(b) in sub-paragraph (2)(a), for the words "section 12 of the Control of Pollution Act 1974" there shall be substituted the words "section 39 of the Environmental Protection Act 1990" ;
(c) in sub-paragraph (3), for the words "section 30(4) of the Control of Pollution Act 1974" there shall be substituted the words "section 65(10) of the Environmental Protection Act 1990" ; and (d) sub-paragraph (4) shall be omitted.'.
No. 123, in page 182, line 46, at beginning insert 1(4)(a),'. No. 124, in page 182, line 47, after 5(1)', insert and (4)(a)'. No. 125, in page 183, line 8, after (3)', insert , (4)'.-- [Mr. Trippier.]
Schedule 13
Repeals
Amendments made : No. 92, in page 184, line 25, leave out the work' and insert so'.
No. 195, in page 184, line 43, at end insert--
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1990 c. Environmental Protec-tion Act 1990 In section 66(9), the words following "Part I".'.No. 297, in page 185, line 8, at end insert--
1988 c. 9. Local Government Act 1988. In Schedule 1, in paragraph 1, in sub -paragraph (1) the words "In the application of this Part to England and Wales," and sub-paragraph (4).'.
No. 121, in page 186, line 27, column 3, after 22', insert (1) and (2)'.
No. 233, in page 187, line 37, at end insert--
1974 c. 40. Control of Pollution Act 1974 Section 100.'. -- [Mr. Trippier.]
Title
Amendment made : No. 315, in line 13, after clean', insert to make provision conferring powers in relation to trolleys abandoned on land in the open air,'.-- [Mr. Trippier.]
Order for Third Reading read.--[Queen's Consent, on behalf of the Crown, signified].
11.25 pm
Mr. Trippier : I beg to move, That the Bill be now read the Third time.
When my right hon. Friend the Secretary of State for the Environment opened the Second Reading debate, he said that he hoped that we would have an instructive time in Committee. I can honestly say that we did. It is a matter of some satisfaction to me and my right hon. and hon. Friends that the Opposition parties have welcomed virtually every aspect of the Bill. It is in line with the widespread support that it has received outside the House. There is no dispute that it delivers a series of major measures to further the protection of our environment, and its enhancement. We welcome the constructive approach that has sprung from that.
My right hon. Friend the Secretary of State happily conceded that the Bill does not do all things to all environmental problems. It never could, and we all understand why. It is fantasy to suggest that we can legislate away problems such as the greenhouse effect overnight.
Let me remind the House of some of what the Bill accomplishes. It provides a far-reaching system of controlling major industrial pollution. Integrated pollution control puts this country in the forefront of pollution control in Europe. It completely overhauls and considerably toughens our national system of waste disposal and gives an important boost to recycling at the same time. It introduces radical measures for tackling what for many people is one of the most serious environmental issues--the litter that disfigures our towns and cities.
It provides brand new controls to deal with the environmental effects of genetically modified organisms. It lays the foundations for greatly improved delivery of nature and countryside conservation at all levels. That has always been the one contentious part of the Bill. We remain convinced that reform of the Nature Conservancy Council is required and that our proposals will be wholly
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beneficial to conservation. That view is strengthened by Lord Carver's report. I promise the House that our response to that report will be positive and sympathetic.On top of all that, the Bill provides for higher penalties and tougher enforcement of them for polluters across the board. It strengthens the role and powers of local authorities in dealing with local environmental issues. It provides for greatly improved public access to environmental information and includes a battery of further environmental measures, from powers to deal with imports of waste to further controls over dumping at sea.
The Bill is in the best shape to be sent on its way to the other place. It marks a milestone on the path to a better environment in Britain, and I commend it to the House.
11.28 pm
Mrs. Ann Taylor : I agree with the Minister that we had a constructive time in Committee. We spent a good number of hours debating the Bill in Committee and on Report during the past few days. Many amendments have been tabled. Many were tabled by Conservative Members and in particular by the Government. That says something about the way in which the Bill was originally drafted. We welcome the fact the Government have for once taken on board some of the suggestions that we have made in the spirit of constructive opposition. It is a somewhat unusual experience that Ministers occasionally accept Opposition amendments. Indeed, even this evening amendments have been proposed by the Government which were the result of promises made to us in Committee in recognition of the validity of the points that we have made. That is somewhat unusual for the Government, and we welcome it.
Most Committee members and most hon. Members who have taken an interest tonight feel that they have been able to make a minor, but possibly significant, contribution to the Bill. A significant contribution was made by the Government's acceptance of the need for a register of contaminated land. I am sure that that is particularly welcome to my hon. Friend the Member for Burnley (Mr. Pike) whose Select Committee has done a great deal of work on that matter. There are still glaring gaps in the Bill. The Minister said that environmental problems could not be solved overnight, but in Committee we were disappointed that the Government did not accept some of our suggestions for a more integrated policy between the Department of the Environment and the Department of Energy and between the Department and the Department of Transport. We understand the internal difficulties that exist and, as a result, we look forward with keen interest to the White Paper that will follow the Bill to see who will win and what Department will win.
We still have some reservations about the Bill. We shall watch carefully to see what happens to part VII and the amendments that may be forced on the Government in another place to make more sense of their proposals. We still have many reservations about the resource implications of the Bill. Promises have been given about resources for Her Majesty's inspectorate of pollution, but local authorities have been given a wide range of extra responsibilities and duties without adequate back-up, which will cause problems in the future. Obviously we shall not vote against Third Reading, just as we did not vote against Second Reading. Although we
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are pleased that there has been some progress and some constructive amendments have been accepted, we still think that the Government have wasted a valuable opportunity and could have achieved far more. The Bill has a grand title and the Government had the chance to match the image promoted by that title with some amendments. We welcome the Bill so far as it goes, but we hope that it will be significantly strengthened in another place. If that happens, we shall give the Bill all the support we can during its remaining stages.11.32 pm
Mr. Roger Gale (Thanet, North) : I congratulate my hon. Friends on a tour de force, an enormous piece of work. I have studied their deliberations with great interest and their work has been magnificent. I am particularly pleased to see, at last, a measure to control straw and stubble burning on the statute book, something for which I have fought for many years. However, a small but pertinent matter has not been attended to in the Bill.
My hon. Friend the Minister will be aware that I tabled some amendments at a late hour yesterday, which appear on the Order Paper as starred amendments--understandably, in those circumstances, they were not called. I tabled those amendments late because the national chairman and committee of the Bird Scarers Anti-Nuisance Group yesterday met with officials of the Department of the Environment and I felt that it would have been discourteous to have tabled those amendments prior to that meeting.
The control of noise in the countryside is a matter of great concern to many people. Audible bird scaring has been the subject of discussion by the Department for more than two years. It is a source of sadness to me that the same arguments have been rehearsed again and again. The Department has now produced two draft codes of practice for the use of audible bird scarers, but the measures that we have sought for more than two years are still not included in those drafts.
The amendments I tabled have not been discussed, but there will be an opportunity to address that small but important matter in another place. I hope that the Miinster will study the amendments to see if he can assist the other place to ensure that the matter receives the attention that many people believe it deserves.
11.34 pm
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