I am grateful for my hon. Friend's intervention and I guessed that was where we would part company. I wish him luck in getting the police to deal with flower beds being turned over, litter outside fast-food establishments and litter being thrown out of cars, because I simply cannot get my local borough command to take those issues seriously. We could argue for a whole afternoon about whether these are serious crimes and whether the police ought to deal with them, but that is a different issue. The current problem is that the police in London, certainly—I cannot comment on the borough command in Shipley—will not prioritise dealing with litter and enviro-crime. Therefore, we must either leave the issue to fester or allow authorised officers of the local authority to deal with it.
On accreditation, the idea is not that every employee of a council will have the power to go out and start levying fixed penalty notices or taking people to the magistrates court to be fined. We are talking about civil enforcement officers who are already accredited and have significant training on how to prove that an offence has been committed. Councils also have environmental health officers who are highly trained and accredited on how to follow the rules of law and how to provide evidence should a case have to go to court. The notion that the town hall cat will be wandering around the borough levying fines is fanciful. We are talking about seriously trained officials who have been taught how to comply with the law and how to make sure that if there is a prosecution, evidence can be provided.
There are already a number of police civilians—not just police community support officers but accredited civilians—who have the authority to issue notices. We have talked about whether London should be exempt and be a special case, but it is often the starting point for national legislation. It is not unusual for London to set the tone and for other parts of the country follow suit, but it is not only London that does that. I do not know whether many Members are acquainted with Brunel university, but apparently its security officers can issue fixed penalty notices. This is not just about widening scope because London has asked for it—a significant number of authorised civilians can already issue such notices. What we are saying is that London has some specific problems and that specific powers are needed for accredited, trained individuals.
I have covered the point about £1,000 fines being targeted willy-nilly, which simply is not true. That would be the remit of the magistrates court. Let me make a point about the powers of authorised officers. They would be able to take action only where they believed that someone was committing a criminal offence, so the powers would not be used in respect of people going about their lawful business. Hon. Members have talked about conscientious, law-abiding citizens, but conscientious, law-abiding citizens would not be stopped and asked for their name and address and would not face the risk of prosecution. Only those believed to be committing an offence would be caught by the rules in the Bill.
The issue of people giving false names and addresses has been raised. Clearly, with matters such as littering from cars, accredited officers would have access to the registration number, which could be cross-checked with the Driver and Vehicle Licensing Agency. Many of the enviro-crimes that we see in London boroughs involve repeat offenders, particularly corporates—the large retailers that cause litter on the high street—or other organisations that cause problems on our high streets. Much dumping in our residential streets also involves repeat offenders and there may be a corporate address that officers can go back to if they believe or find out that they have been given a false name and address by the person they have stopped. Clearly, if a false name and address is given by someone of no fixed abode, that person cannot be prosecuted. That is a common problem with the current law that police officers face.
London Local Authorities Bill [Lords]
Proceeding contribution from
Mike Freer
(Conservative)
in the House of Commons on Wednesday, 7 December 2011.
It occurred during Debate on bills on London Local Authorities Bill [Lords].
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2010-12Chamber / Committee
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