Localism Bill

Gordon Henderson Excerpts

Wednesday 18th May 2011 Commons Chamber

[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

Like the hon. Member for Gateshead (Ian Mearns), I shall speak not about housing, but about litter, and I shall say a little about new clause 33. The new clause would extend street litter control notices to office buildings by amending the Environmental Protection Act 1990. Although this is only a minor amendment, it would have a major impact on the ability of local authorities to clean up their streets.

Four years ago I launched a project in my constituency called Litter Angels to highlight the nuisance of litter. The idea of Litter Angels—which has now applied for charitable status, so I suppose I should declare an interest as one of the trustees—is to work with our local primary schools to educate children about the harm that litter does to our local environment. We take the view that catching them young might encourage more of them to practise good habits as they get older.

More recently, Litter Angels launched a “Big Clean Up” campaign in Sittingbourne and Sheppey, which is encouraging local groups and individuals to commit to undertaking at least one project to clean up our local area. The “Big Clean Up” will take place during August, and I am proud that my constituency was one of the first in the country to embrace the national “Love Where You Live” campaign being run by Keep Britain Tidy.

It was Keep Britain Tidy which highlighted to me a particular problem with smoking-related litter, with which new clause 33 deals. Sections 93 and 94 of the 1990 Act give local authorities the power to issue street litter control notices on premises that have a frontage on a street and outside of which litter or refuse is causing a defacement of the land. The problem is that the legislation was originally envisaged to tackle fast food litter and other such rubbish, and pre-dated the ban on smoking in public buildings and places of work. The House might be surprised to learn that the latest local environment quality survey of England revealed that smoking-related litter is present on 76% of the sites surveyed and is the most frequently found litter type.

Much of that smoking-related litter can be found outside office buildings. Unfortunately, street litter notices cannot normally be served on office buildings unless they sell food and drink, whether or not for consumption on the premises—for example, from a canteen or snack kiosk. Extending the street litter notice provisions to include office buildings would provide local authorities with the means to deal with localised litter problems and would close an unintended loophole in the legislation. The new clause would also allow local authorities to require occupiers or owners of offices and non-food retail outlets to play a greater role in dealing with the scourge of litter and encourage members of the public to take increased responsibility for their litter.

It is worth pointing out that in June 2007 the Department for Environment, Food and Rural Affairs undertook a final regulatory impact assessment on the extension of street litter control notices. This was as a response to the potential impact of the smoking ban on littering and its extension to office buildings. That assessment confirmed that if local authorities were able to issue street litter control notices in respect of offices and other venues not currently covered by the provisions, it would give them the power to place a greater responsibility on the occupiers or owners of those premises to clean up, particularly the smoking-related litter in the area immediately around them, perhaps by installing appropriate disposal facilities where this form of littering is a significant problem.

The assessment noted that such a proposal was in line with changes introduced by the Clean Neighbourhoods and Environment Act 2005, which followed the “polluter pays” principle by improving the powers available to local authorities to take action. A cost-benefit analysis undertaken by the Department for Environment, Food and Rural Affairs in June 2007 calculated that such a proposal would result in a net benefit to society overall because notices would be issued only in a minority of cases and that costs imposed on local authorities and businesses would be relatively small and outweighed by the benefits associated with improved amenity, reduced cleaning costs resulting from preventive measures, and a reduced fire risk.

To allow notices to be issued in respect of any type of office premises, rather than the current limited number of offices, the new clause proposes to widen the definition set out in section 94(l)(a) in part IV of the 1990 Act by omitting reference to “commercial or retail premises” and inserting “premises other than dwellings”—I draw the House’s attention to a typing error in today’s amendment paper, which shows “premium” rather than “premises”. My proposal has a legal precedent in London, where street litter control notice powers are currently extended to office buildings by part III of the London Local Authorities Act 2000, which, in reference to the 1990 Act, explicitly omits the words “commercial or retail premises” and substitutes the words “premises other than dwellings” for notices issued in the capital. All I seek to do is extend that principle to other areas of the country.

Additionally, section 93(2) of the 1990 Act states that the local authority may serve a street litter control notice

“on the occupier or, if the premises are unoccupied, on the owner of the premises”.

As office buildings may have multiple occupancy, I propose an amendment specifying that notices may be issued on the owner of any premises where there is multiple occupancy. New clause 33 is uncontroversial and designed simply to close a loophole in the current legislation. I hope that the Minister will agree to include it in this important Bill.

[Mr Raynsford]

I draw attention to the interest I declared at the beginning of the Bill’s passage through the House and again in Committee.

It is, in my view, a sad day for housing when we come to consider this Bill on Report, as it involves a series of retrograde steps that are damaging to the future housing prospects of millions of our fellow citizens, weaken tenant rights and safeguards for homeless people, and undermine the future of social housing in this country.

It is particularly sad that we have had most of the debate during the extraordinary absence of the Minister for Housing and Local Government, who is responsible for this and yet graced us with his attendance for only a few minutes in a previous sitting and has made no contribution whatsoever to the passage of the Bill through the House. That is an extraordinary comment on his values. His approach, which the Government have adopted since coming to power last year, has been to cut drastically the funding for social housing, including a massive 65% reduction to the Homes and Communities Agency budget.

We are seeing individual rights cut back, such as tenant rights for homeless people. There is a curious element in this that the hon. Member for Brigg and Goole (Andrew Percy) hinted at in his impressive contribution. He rightly highlighted the fact that the Government are giving greater priority to the interests of the providers of housing than to the public, the customer and the user of services. That is not compatible with normal Conservative rhetoric, and we have heard, again and again, their attack on provider interests and their wish to support the position of the customer and the user of services, but not here. Tenants’ rights and the rights of homeless people are being cut back, and when we argue that point we get the answer, “Don’t worry, because the providers will do the right thing. They will look after the interests of tenants. They will give lots of security, they won’t undermine tenants’ security and they will look after the interests of homeless people. Trust the providers.”

That is an interesting stance for the Government to take in this policy area, because in almost every other we hear a completely different rhetoric—the rhetoric of increasing the power and the influence of the customer, of the user of the service. Indeed, this Bill contains a great many passages where exactly that has motivated the Government, so there is a curious disconnect between the Government’s rhetoric and what they are doing on housing. The only way I can explain it is by saying that they clearly have no interest at all in the future of social housing or in the interests of the people who live in social housing or depend on it for their future prospects.