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Baroness Denton of Wakefield: My Lords, I believe that my colleague in another place also felt that he had an uncontroversial order. The noble Lord, Lord Monson, leads me immediately into European issues which could not, in a million years, be categorised as non-controversial. I shall try to answer the questions that have been raised. I should like to begin by thanking the noble Lord, Lord Williams, for welcoming the order on the principle of better late than never.
I should tell the noble Lord, Lord Holme, that we were delighted that business moved rather more quickly ahead of us than we had anticipated. Nevertheless, I shall be happy to answer any queries that he may have. The noble Viscount, Lord Simon, was courteous enough to identify for me the areas which were giving him some concern. I can tell him that in Northern Ireland it is an offence to pick up someone in a taxi which is not in a plying for hire area. There are very different rules there to the black cab rules in this part of the United Kingdom. It would be an offence to take a passenger. Accordingly, the person would be prosecuted.
One of the issues with roads' legislation is that it obviously covers so many areas. I draw the attention of the noble Viscount to the fact that where an employer directs that a journey should be completed within a time which could not be achieved without contravening speed limits he would, under Article 60 of the Magistrates' Courts (Northern Ireland) Order 1981, be guilty of incitement to commit a summary offence.
I say, with some sadness, given the security of police stations in Northern Ireland, that it is highly unlikely that someone would be able to remove a vehicle from custody. But the order requires the police constable to take reasonable steps to ensure safe custody of a vehicle and, if that were not the case, it is likely that the constable would be held liable if he had not taken such steps. However, as I said, I doubt whether that is an issue at the moment in Northern Ireland.
The noble Lord, Lord Monson, raised the issue of the distance between street lights. I understand that it is currently 200 yards and, therefore, translates approximately to 185 metres. The opportunity was taken to convert, although I understand that we were not required to do so. However, on the basis that our children are taught in metres and are probably the ones most likely to be affected by the legislation, that decision was taken.
I am grateful for the goodwill shown by your Lordships in welcoming this order.
On Question, Motion agreed to.
Plant Protection Products (Basic Conditions) Regulations 1997
1.30 p.m.
Lord Lucas rose to move, That the draft regulations laid before the House on 10th December be approved [7th Report from the Joint Committee].
The noble Lord said: My Lords, in moving these regulations I wish to speak also to the Control of Pesticides (Amendment) Regulations 1997. The regulations before your Lordships today complete the United Kingdom's implementation of Community rules for the authorisation of agricultural pesticides. They also make minor changes to the United Kingdom's continuing national pesticides regime.
The Government are determined to ensure that all pesticides used in this country are safe to people and to the environment. To this end, the Government introduced the Food and Environment Protection Act 1985 and the Control of Pesticides Regulations 1986. Under this legislation, pesticide companies must provide a wide range of scientific data for scrutiny by the Pesticides Safety Directorate and the independent Advisory Committee on Pesticides. Only when Ministers are satisfied that a product can be used without unacceptable risk to people or to the environment will they give approval to that product.
In the light of experience, we see advantage in making a number of minor amendments and clarifications to the 1986 regulations. This is the purpose of the Control of Pesticides (Amendment) Regulations 1997.
Most of the amendments are minor and technical but two are worthy of specific mention. The new regulations would specifically exclude pesticides acting by physical means. By this we mean devices such as glues which stick pests or greases which repel them. The rigorous arrangements applied to normal chemical or microbiological pesticides are not appropriate to this small sector of the market. We have therefore taken the opportunity to make clear that these products are outside the scope of the rules.
Following detailed public consultation, we are also taking the opportunity of achieving substantial clarification of the rules as they apply to adjuvants. Adjuvants are substances without significant pesticidal properties of their own which, when used with a pesticide, significantly increase its effectiveness. The existing rules on adjuvants have given rise to some confusion as to how and to what extent adjuvants are controlled. These regulations will provide a secure basis for the development of the adjuvant sector.
Turning to the second set of regulations, your Lordships may recall that in 1991 the European Community made its own legislation for what are termed "plant protection products", broadly agricultural pesticides. I am pleased to say that the European Community rules drew heavily upon United Kingdom experience and provide for a system of authorisation to ensure that plant protection products on the European
market are safe and effective. European Community rules will only apply to a given chemical once the Community has evaluated or reviewed its safety. The transition from national to European Community rules will therefore take a considerable number of years to complete.The detailed European Community rules for the authorisation of chemicals and products were implemented in the United Kingdom in the Plant Protection Products Regulations 1995. It is now necessary to add provisions for control and enforcement of authorised products. That is the purpose of the draft Plant Protection Products (Basic Conditions) Regulations 1997. These regulations also require approval for the advertisement and storage of pesticides. In addition, general conditions applying to products subject to the national arrangements I have already described would be applied to products approved under the European Community regime. The new regulations would provide precisely similar arrangements for the seizure and disposal of plant protection products following a contravention of the regulations. Existing powers under the 1985 Act to prescribe codes of practice and provide powers for enforcement officers apply directly to products approved under the European Community regime.
The Food and Environment Protection Act 1985 and the Control of Pesticides Regulations 1986 put in place a thorough and effective system for the regulation of
pesticides. The draft Control of Pesticides (Amendment) Regulations 1997 would make minor but useful clarifications to this regime.For agricultural pesticides, we have now started on a process of transition from these UK rules to European Community arrangements providing similar safeguards. The regulations would complete the United Kingdom implementation of these rules. By following the existing United Kingdom regime for control and enforcement, we can be confident that we will have a system that is workable and well understood.
I have been brief in describing these regulations. I should, of course, be happy to answer any comments or questions that noble Lords wish to raise. I beg to move.
Moved, That the draft regulations laid before the House on 10th December be approved [7th Report from the Joint Committee].--(Lord Lucas.)
On Question, Motion agreed to.
Control of Pesticides (Amendment) Regulations 1997
Lord Lucas: My Lords, I have already spoken to these regulations. I beg to move.
Moved, That the draft regulations laid before the House on 12th December be approved [7th Report from the Joint Committee].--(Lord Lucas.)
On Question, Motion agreed to.
- House adjourned at twenty-five minutes before two o'clock.
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