| Previous Section | Home Page |
Column 1025
Question accordingly agreed to.Amendment made: No. 201, in page 146, line 39, at end insert-- `( ) The power conferred by subsection (4) above includes power to modify any enactment contained in this or any other Act.'.-- [Mr. Atkins.]
Column 1026
Schedule 1
The Environment Agency
Ms Ruddock: I beg to move amendment No. 30, in page 149, line 6, at end insert--
`(2A) The Agency may, in accordance with the provisions of the Local Government Pension Scheme Regulations 1995--
(a) pay such pensions to or in respect of any persons who are or have been its officers or employees, and
(b) make such payments towards provision for the payment of such pensions,
as it may, with the approval of the Secretary of State determine.'.
Madam Deputy Speaker: With this, it will be convenient to discuss the following amendments: No. 31, in page 149, line 8, leave out `pensions'.
No. 32, in page 149, line 12, leave out `pensions'.
No. 33, in page 149, line 15, leave out `pensions'.
No. 34, in page 149, line 16, at end insert--
`(3A) For the purpose of exercising its functions under this paragraph as respects the management of any pension fund maintained by it, the Agency shall establish a Committee, not less than half the members of which shall be appointed after consultation with such organisations as appear to the Agency to be representative of the interests of its employees.'.
No. 35, in page 149, line 17, leave out `sub-paragraph' and insert `sub- paragraphs (2A) and'.
No. 36, in page 149, line 17, after `pensions', insert `or'. No. 37, in page 149, line 19, after `pensions', insert
`or, as the case may be,'.
No. 38, in page 149, line 21, at end insert--
`(5) The Agency shall secure that--
(a) so far as possible the terms and conditions of employment which apply to its employees are consistent throughout its area in respect of employees whose duties are similar or demand similar levels of skill,
(b) appropriate systems are established and maintained for the assessment of those duties and those levels, and
(c) appropriate arrangements are established and maintained for the representation of its employees, as respects matters affecting their terms and conditions of employment, by such organisations as are representative of its employees or, in a case where only some of its employees are affected, those employees.'.
No. 39, in schedule 22, page 340, line 13, at end insert-- `Local Government Pension Scheme Regulations 1995--
219. At the end of Part I of Schedule B1 to the Local Government Pension Scheme Regulations 1995 (which lists the employers whose employees are eligible to be members of the Scheme) there shall be inserted the words "The Environment Agency".'.
Ms Ruddock: The amendment is extremely important, because it is the only one that has come before the House tonight that concerns the potential employees of the agency. In Committee, we faced many difficulties in trying to bring the concerns of potential employees to the attention of Ministers. However, because of the lateness of the hour, I shall not make a speech in support of the amendments. I shall merely explain their purpose. Having said that, I hope that the Minister will not give the matter any less attention. I am deeply concerned, as are my hon. Friends, about the terms and conditions awaiting employees who join the new agency.
Column 1027
Around 9,000 people will be transferred from the existing local government waste regulation authorities, from Her Majesty's inspectorate of pollution and the National Rivers Authority. Their futures are extremely important. The purpose of the amendments is to tackle one of the difficulties for people who transfer. Many of them are in senior positions, all are very skilled, and they are at varying stages of their careers, as well as being of varying ages. The purpose of the amendments is, first, to make all employees of the agency eligible to be members of the local government pension scheme. Secondly, it is to restrict the agency to the provision of the local government pension scheme as opposed to any other scheme for future employees, while recognising and accepting that HMIP employees have special concerns as members of the chiefs of the civil service pension fund. Thirdly, the amendments would place an obligation on the agency to establish a joint pension committee by agreement with the relevant employee representative organisations. The intention is to safeguard the pension rights of the potential employees of the agency. Of course, the transfer will be covered by the Transfer of Undertakings (Protection of Employment) Regulations 1981. There are therefore perfect precedents for the way in which a joint pension committee should be set up by agreement.Despite having outlined the case in very few words, I hope that I have stressed the considerable importance of the amendments and our concerns for employees.
Mr. Atkins: I am grateful to the hon. Lady for the spirit in which she moved the amendment. Of course I listened carefully, as these are important matters.
I confirm that the agency will, through secondary legislation, be designated as an administering authority for the local government pension scheme. That will allow all eligible employees to join the scheme, but we do not need the Bill to so designate the agency. The usual procedure of an amendment to the relevant statutory instrument, which will be subject to consultation with relevant parties, will be sufficient.
Furthermore, the amendments would restrict the agency's freedom to offer alternative pension arrangements to individual staff who do not wish to join the LGPS. Nor would it be appropriate to require the agency to establish a committee as proposed in amendment No. 34. LGPS regulations already require administering authorities to act prudently in the management of their funds, and the statutory limits that apply to LGPS administering authorities ensure that requirement.
As for amendment No. 38, the agency will inherit a wide variety of terms and conditions of employment. It will undoubtedly wish to draw up systems of pay, grading, terms and conditions which are more consistent than those which it inherits, but the legislation should not prevent the agency from adopting variations to take account of factors such as the job market.
Ms Ruddock: In case he was not going to cover this point, may I ask the Minister to refer to people who are placed on short-term, fixed-term or temporary contracts?
Column 1028
Mr. Atkins: As the hon. Lady knows, these are highly technical matters, but no less important for that. If she would like me to spell out the details by way of correspondence, I should be more than happy to do so.I can now do no better than suggest that the hon. Lady withdraw the amendment in due course.
Ms Ruddock: In view of the Minister's remarks and his promise to write to me in some detail, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendments made: No. 60, in page 149, line 24, leave out `Water Resources Act 1991' and insert `1991 Act'.
No. 61, in page 149, line 28, leave out `Water Resources Act 1991' and insert `1991 Act'.-- [Mr. Atkins.]
Schedule 6
The Scottish Environment Protection Agency
Amendment made: No. 221, in page 173, line 23, leave out paragraph 19.-- [Mr. Atkins.]
Schedule 7
National Park authorities
Amendments made: No. 62, in page 173, line 45, at end insert-- `(2A) In the case of a National Park authority for a National Park in England, such number as may be specified in the relevant order of the number of members of the authority to be appointed by the Secretary of State shall be parish members.'.
No. 63, in page 174, line 3, leave out from `shall' to end of line 5 and insert `--
(a) as respects any National Park authority for a National Park in England, be two less than the number of local authority members specified in the order; and
(b) as respects any National Park authority for a National Park in Wales, be equal to half the number of local authority members specified in the order.
(4) As respects any National Park authority for a National Park in England, the number specified in the relevant order as the number of parish members to be appointed by the Secretary of State shall be one less than one half of the total number of the members of the authority to be appointed by the Secretary of State.
(5) Accordingly--
(a) in the case of a National Park authority for a National Park in England, the effect of the relevant order shall be such that the total number of members of the authority will be an even number which is not a whole number multiple of four; and
(b) in the case of National Park authority for a National Park in Wales, the number of local authority members specified in the relevant order shall be an even number.'.
No. 64, in page 175, leave out line 6 and insert--
`Parish members of English National Park authorities
2A.--(1) The parish members of an English National Park authority shall be appointed by the Secretary of State.
(2) A person shall not be appointed as a parish member of an English National Park authority unless he is--
(a) a member of the parish council for a parish the whole or any part of which is comprised in the relevant Park; or
(b) the chairman of the parish meeting of a parish--
(i) which does not have a separate parish council; and
(ii) the whole or any part of which is comprised in the relevant Park.
Column 1029
(3) Subject to the following provisions of this Schedule, where a person who qualifies for his appointment by virtue of his membership of a parish council, is appointed as a parish member of an English National Park authority, he shall hold office from the time of his appointment until he ceases to be a member of that parish council. (4) Sub-paragraph (3) above shall have effect so as to terminate the term of office of a person who on retiring from any parish council immediately becomes such a member again as a newly elected councillor; but a person who so becomes a member again shall be eligible for re-appointment to the National Park authority. (5) Subject to the following provisions of this Schedule, where a person who qualifies for his appointment by virtue of his being the chairman of a parish meeting, is appointed as a parish member of an English National Park authority, he shall hold office from the time of his appointment until he ceases to be the chairman of that parish meeting.(6) Sub-paragraph (5) above shall have effect so as to terminate the term of office of a person who is elected to succeed himself as chairman of any parish meeting; but a person who so becomes the chairman again shall be eligible for re-appointment to the National Park authority.
(7) Subject to the provisions of this Schedule, a parish member of an English National Park authority shall hold office in accordance with the terms of his appointment.
(8) In this paragraph, "English National Park authority" means a National Park authority for a National Park in England.
Members (other than parish members) appointed by the Secretary of State'.
No. 65, in page 175, line 24, at end insert--
`(5) This paragraph shall not apply to persons appointed as parish members of a National Park authority for a National Park in England or to their appointment as such members.'.
No. 66, in page 175, line 46, after `him' insert
`, other than any parish member of a National Park authority for a National Park in England,'.
No. 67, in page 175, line 50, at end insert--
`(3) The Secretary of State may remove from office any parish member of a National Park authority for a National Park in England either--
(a) by giving that member such written notice of the termination of his appointment as the Secretary considers appropriate; or (b) in such other manner as may be provided for in the terms of that member's appointment;
but a parish member shall only be removed from office in the manner mentioned in paragraph (a) above where the Secretary of State considers it appropriate to do so in consequence of the provisions of any order for varying either the area of the relevant Park or the number of parish members of the National Park authority in question.'.
No. 68, in page 176, line 10, after `represented;' insert-- `(cc) as respects a National Park authority for a National Park in England--
(i) any parish council for, or parish meeting of, a parish the whole or any part of which is comprised in the relevant Park; (ii) any committee or sub- committee of any such parish council or any committee of any such parish meeting; or
(iii) any joint committee on which any such parish council or parish meeting is represented;'.
No. 202, in page 176, line 26, after `from' insert `"of'.-- [Mr. Atkins.]
Column 1030
Schedule 10
Minor and consequential amendments relating to National Parks
Amendments made: No. 69, in page 190, line 15, at end insert-- `( ) For section 88 of that Act (application to areas of outstanding natural beauty of provisions relating to National Parks) there shall be substituted--
"Functions of certain bodies in relation to areas of outstanding natural beauty
88.--(1) The following provisions of this Act, that is to say-- (a) paragraph (e) of subsection (4) of section six,
(b) section nine,
(c) subsection (1) of section sixty-two,
(d) subsection (5) of section sixty-four, and
(e) subsections (5) and (5A) of section sixty-five,
shall apply in relation to areas of outstanding natural beauty as they apply in relation to National Parks.
(2) In paragraph (e) of subsection (4) of section six of this Act as it applies by virtue of the last foregoing subsection, the expression "appropriate planning authority" means a local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty and includes a local authority, not being a local planning authority, by whom any powers of a local planning authority as respects an area of outstanding natural beauty are exercisable, whether under this Act or otherwise.
(3) The provisions of section 4A of this Act shall apply to the provisions mentioned in paragraphs (a) and (b) of subsection (1) of this section for the purposes of their application to areas of outstanding natural beauty as the provisions of the said section 4A apply for the purposes of Part II of this Act.
(4) A local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty shall have power, subject to the following provisions of this section, to take all such action as appears to them expedient for the accomplishment of the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty or so much thereof as is included in their area.
(5) Nothing in this Act shall be construed as limiting the generality of the last foregoing subsection; but in so far as the provisions of this Act confer specific powers falling within that subsection those powers shall be exercised in accordance with those provisions and subject to any limitations expressed or implied therein.
(6) Without prejudice to the powers conferred by this Act, subsection (4) of this section shall have effect only for the purpose of removing any limitation imposed by law on the capacity of a local planning authority by virtue of its constitution, and shall not authorise any act or omission on the part of such an authority which apart from that subsection would be actionable at the suit of any person on any ground other than such a limitation.".'.
No. 70, in page 191, line 41, leave out
`in paragraph (b) of subsection (1)'
and insert `--
(a) at the beginning of subsection (1) there shall be inserted the words "Subject to section 67 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases),"; and
(b) in paragraph (b) of that subsection,'.
No. 71, in page 191, line 43, at end insert--
`( ) In subsection (3) of that section, for the words "sections 9 and 11" there shall be substituted the words "section 9".'.
Column 1031
No. 72, in page 191, leave out from beginning of line 44 to end of line 2 on page 192.No. 73, in page 201, line 11, leave out `2' and insert
`1, at the beginning of the subsection which that paragraph substitutes for subsection (1) of section 184 of the 1972 Act, there shall be inserted the words "Subject to section 67 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases),".
(2) In paragraph 2 of that Schedule,'.-- [Mr. Atkins.]
Schedule 11
Air quality: supplemental provisions
Amendment made: No. 74, in page 204, line 34, at end insert-- `(oo) similar to any provision made by section 79 of the Road Traffic Offenders Act 1988 (statements by constables in fixed penalty cases);
(op) for presuming, in any proceedings, that any document of a prescibed description purporting to have been signed by a person to whom a fixed penalty notice has been issued has been signed by that person;'.-- [Mr. Atkins.]
Schedule 13
Review of old mineral planning permissions
Amendments made: No. 75, in page 207, line 29, at end insert `; and where any such permission authorises the carrying out of development consisting of the winning and working of minerals but only in respect of any particular mineral or minerals, that permission shall not be taken, for the purposes of this Schedule, as relating to any other mineral in, on or under the land to which the permission relates.'.
No. 76, in page 220, line 33, at beginning insert
`Subject to sub-paragraph (4) below,'.
No. 77, in page 220, line 39, leave out `an active' and insert `a'.-- [Mr. Atkins.]
| Next Section
| Home Page |