The draft Bill, which proposes new powers for Ministers to abolish impractical regulation, states it will make life easier for individuals and civil society by scrapping heavy-handed fines for people who make mistakes putting out their bins.
Under the proposals, written warnings and penalties for failure to comply with requirements relating to household waste receptacles under section 46 of the Environmental Protection Act 1990 would be decriminalised.
At present an authorised officer must present a written warning and further notice before imposing a fine, which can amount to 60 if unspecified by the collection authority.
A number of senior local authority representatives have already voiced concerns about the plans to reduce powers to issue penalties to householders who consistently flout collection rules. At the same time, they have also emphasised that penalty notices are always issued as a last resort.
Other proposals included in the draft Bill include the removal of powers to establish joint waste authorities in England, and for regulation organisations to promote economic growth in their duties, showing action taken is necessary and proportionate.
Scrutiny
Now, the Parliamentary Joint Committee, formed to scrutinise the proposals and report its findings to Parliament by December 16 this year, has published its Call for Evidence offering individuals and organisations the opportunity to raise any relevant issues they might have.
The Chartered Institution of Wastes Management (CIWM) is among the organisations planning to comment, drawing on the expertise of its members to provide written evidence to the committee by the submission deadline of September 16 2013.
CIWM chief executive Steve Lee said: The waste industry seems to be only lightly involved with this review, with very few recommendations that will directly affect our sector. However, one potentially significant proposal suggests that regulators ought to make decisions based on economic benefit and that this should take precedent over environmental impacts.
CIWM is well aware of the necessity of securing economic growth, but this should not come at the expense of the environment. The two matters are not mutually exclusive and cannot be treated as such.
Commenting on the draft bill, Joint Committee chairman Lord Rooker insisted extreme care would be taken when scrutinising the document.
He said: The governments draft Bill proposes significant changes both to regulation in specific policy areas and, more generally, to the power of Minsters to reduce or abolish regulations. Whenever the Government propose increasing ministerial power, it is important that Parliament scrutinises those proposals with extreme care.
“CIWM is well aware of the necessity of securing economic growth, but this should not come at the expense of the environment. The two matters are not mutually exclusive and cannot be treated as such”
Steve Lee, CIWM
The Committee will look into whether the draft Bill has got the balance right between the desire to reduce red tape and the burdens on business, and the need to ensure fairness and consumer safety.
The committee announcement follows a dispute between Eric Pickles and the Local Government Association (LGA), after the communities secretary called councils sneaky by charging landlords for bin collections, which he argued could be passed onto students (see letsrecycle.com story)
In response, the LGA branded Mr Pickles comments as untrue and unfair, calling for a revision of waste collection charge legislation which it argues has left councils confused. (see letsrecycle.com story).
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