London Local Authorities Bill [Lords]

Baroness Primarolo Excerpts

Wednesday 7th December 2011 Commons Chamber

[Madam Deputy Speaker (Dawn Primarolo)]

With the leave of the House—[Interruption.] I know it is exciting, Mr Percy, being a Teller, but perhaps if Members took their seats it would make the business easier. With the leave of the House we will take amendments 10 to 12 and 14 together.

Amendments made: 10 to 12 and 14.—(Mr Chope.)

Clause 5

Street litter control notices

[Mr Chope]

I beg to move amendment 15.

[Madam Deputy Speaker (Dawn Primarolo)]

With this it will be convenient to consider amendments 16 to 20, 3 and 4.

[Mr Chope]

It is a great pleasure to speak to this group of amendments. The lead amendment would remove clause 5 from the Bill and I tabled it because the clause extends significantly the provisions of the Environmental Protection Act 1990 in relation to street litter. It offends against the principle that we were discussing on the previous group of amendments by making this extension apply merely in Greater London, rather than across the country as a whole. It is implicit in the fact that this is being brought forward in a private Bill that the Government would not support such an extension across the whole country. My argument is that in a unitary state we should have the same laws on street litter control in London as apply in the rest of the country.

The effect of clause 5 is summarised on page 2 of the explanatory memorandum to the Bill, which states:

“Street litter control notices are notices served under section 93 of the Environmental Protection Act 1990. They can be served by the principal litter authority (in London, the borough council) imposing requirements on occupiers of premises with a view to the prevention of accumulations of litter or refuse in and around any street or open land adjacent to any street. Under section 94 of the 1990 Act, the Secretary of State is given power to prescribe the descriptions of commercial or retail premises in respect of which a street litter control notice may be issued, amongst other things.”

The 1990 Act deals with commercial or retail premises. It gives the power to the Secretary of State to prescribe the descriptions of commercial or retail premises—in other words, to limit the application so that it extends not to all commercial or retail premises, but only to some of them. The effect of clause 5 would be to extend the type of premises that the Secretary of State can prescribe under section 94 so that it includes all premises in Greater London, except for what are described as dwellings, which most of us would call houses. This will bring into the scope of the street litter control notice procedures public buildings and other buildings that are not commercial or retail premises.

This sweeping power was brought in to deal with the problem that many of us experience with premises occupied by takeaway food shops. For example, people go into the takeaway food shop, collect their food in a container, then think it best to deposit their container on the public highway or on the pavement after they have consumed its contents, and sometimes before they have consumed all of its contents. That causes a nuisance.

Similarly, where there are retail banking premises with cash tills, people often ask for a receipt, take their money, and as soon as the receipt is issued, they throw it on to the ground. That is the sort of litter nuisance which the existing provisions of the Environmental Protection Act are designed to address.

What has obviously come to the notice of the officers of Westminster city council and other councils in London is that people sometimes hang around in the porches of offices smoking, because they are not allowed to smoke inside the offices. It is said that as a result of that, enormously increased powers are needed under the provisions of clause 5 in order to extend to every single building in London, other than a dwelling, the ability of the council to impose a litter requirement on the occupiers of those premises. That could involve them having to regularly sweep or maintain areas well beyond their own premises, in effect duplicating the role of the public street sweeper.

It seems that this, like so much in the Bill, is a sweeping provision to deal with what is, according to any view, a relatively small issue. If people stand outside a building to smoke and deposit their litter on the street, they are already guilty of an offence that can be enforced, but if the litter falls on private land it is the responsibility of the owner of the land to clear up the detritus and debris. Sensibly, containers are often provided outside buildings so that people can stub out their cigarettes and throw away their fag packets. I am not a smoker, but I know that that is what happens in the designated smoking area on Speaker’s Green, where people working on the premises can put their smoking litter in a receptacle.

Considering the pretext set out in the Bill’s preamble, one wonders why this enormously wide power is being taken. If this is a problem in London, it is obviously not unique to the city and applies in every town and city across the land. Many people think that the councils have a hidden agenda to transfer responsibility for cleaning public highways to adjacent landowners. For example, almost every office on Victoria street could have a litter control notice issued to it, the consequence of which would be that their owners would have collective responsibility for cleaning the pavement along the entire length of the street. That would be true of almost every street in central London, which on the whole are occupied by commercial premises and Government buildings, rather than residential accommodation.

There is a concern that this provision is a sledgehammer to crack a nut. It is far too extensive. Indeed, one of the petitions initially put forward against the Bill noted the objections of the society of theatre managers, which could see that it was effectively another stealth tax on their activities. People leaving the theatre might drop their tickets or cigarette butts, but that is not the fault of the theatre. If those people drop their litter, surely it should be the responsibility of the local authority to collect it as part of its normal street sweeping exercises.

A large number of people are very concerned about Westminster city council’s plans to raise vast sums of additional income by extending on-street parking restrictions until midnight on weekdays and introducing them for the first time on Sundays. The council’s income will increase significantly, yet this provision in the Bill allows the council the opportunity to absolve itself of responsibility for keeping the streets clean and to pass the cost of doing so on to office owners. There is a complete difference between a takeaway food shop, which makes its profits out of giving customers food in packages that they can take out of the shop and dispose of, and an office or public building, where people congregate outside the front door to have a discussion over a cigarette.