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Bob Russell: I assure the hon. Gentleman that I fully support the Bill, and I hope that it is enacted. The purpose behind my questions is to ensure that people at appeals and inquiries will not be able to find loopholes through which to escape.
Mr. Pound: It is precisely for that reason that we require designated officers to enter the land; we want them to make a visual assessment and a subsequent report.
Question put and agreed to.
Clause 10 ordered to stand part of the Bill.
Clause 11
Offences
Question proposed, That the clause stand part of the Bill.
Mr. Pound: I should like the Committee to have dealt with clause 11 formally, but it is one of the more significant clauses—even in a Bill as full of significant clauses as Christmas puddings are full of raisins.
The clause provides the enforcement provisions that will exert pressure on a recalcitrant owner to cut the hedge and keep it trimmed. Failure to comply with a remedial notice is an offence punishable on summary conviction by a fine not exceeding £1,000. It also
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makes provision for daily fines if the requisite work remains outstanding. I would like to point out that people will not be prosecuted simply for growing hedges. The provisions will come into play only if someone refuses to comply with the local authority's remedial notice.
If any hon. Member thinks that the provision is unnecessarily draconian, let me say that it is the Minister's opinion, and that of many of our advisers, that it is essential to have fines of such levels. The magnitude of the pain caused to people by unthinking or malicious neighbours is commensurate with the extent of the fine.
Question put and agreed to.
Clause 11 ordered to stand part of the Bill.
Clauses 12 to 14 ordered to stand part of the Bill.
Clause 15
Orders and Regulations
Question proposed, That the clause stand part of the Bill.
Mr. Pound: As we have gone through the Bill, I have identified several areas where the Secretary of State or the National Assembly for Wales has powers to make regulations. The clause sets out the parliamentary procedures that they must follow when exercising those powers.
Two types of regulations can be made under the Bill. The ones we have come across so far are about detailed procedural matters, such as dealing with appeals. As I indicated previously, those will be subject to the negative resolution procedure. I have been assured by the Minister that the Government will consult on them beforehand.
The second set of regulations, which will be made under clauses 18 to 20, will allow the Secretary of State or the National Assembly for Wales to amend certain provisions of the Bill. Any proposal to allow primary legislation to be amended through regulations is always a sensitive matter. The Bill therefore requires that regulations made under those clauses must be debated in both Houses of Parliament, under the affirmative resolution procedure.
Question put and agreed to.
Clause 15 ordered to stand part of the Bill.
Clauses 16 to 23 ordered to stand part of the Bill.
Question proposed, That the Chairman do report the Bill to the House.
The Chairman: I thank the hon. Gentleman for his expeditious dealings.
Mr. Pound: Thank you, Mr. Atkinson, for conducting the orchestra so well.
Question put and agreed to.
Bill to be reported, without amendment.
Committee rose at nine minutes past Three o'clock.
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The following Members attended the Committee:
Atkinson, Mr. Peter (Chairman)
Clarke, Mr. Tony
Flook, Mr.
Henderson, Mr. Ivan
McNulty, Mr.
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Munn, Ms
Pound, Mr.
Purnell, James
Russell, Bob
Salter, Mr.
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