moved Amendment No. 230:
230: Clause 69, page 31, line 34, at end insert—
““( ) Regulation 39(2)(a) of the Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538) (maximum fine on summary conviction of an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44)) is revoked.””
The noble Lord said: My Lords, the amendment will make a change to the environmental permitting regulations. These regulations are a recent better regulation measure which has integrated waste management licensing with pollution prevention and control permitting. However, because of an anomaly between two pieces of primary legislation, the fining powers of magistrates’ courts have had to be reduced significantly for waste management offences.
The Government are concerned about the potential effect on the deterrence of waste crime and the amendment will allow us to put things back as they were as quickly as we possibly can. The gap on current estimates will be April to late July, two months after estimated Royal Assent for the Bill. The timing of the amendment will reduce that unfortunate window of opportunity for the enforcement of the lower penalty than the Government and the whole House would consider desirable. Once this part of the Climate Change Bill is commenced, magistrates will again be able to impose fines of up to £50,000 for waste management offences: a proper deterrent. Accordingly, I beg to move.
On Question, amendment agreed to.
Climate Change Bill [HL]
Proceeding contribution from
Lord Davies of Oldham
(Labour)
in the House of Lords on Tuesday, 18 March 2008.
It occurred during Debate on bills on Climate Change Bill [HL].
Type
Proceeding contribution
Reference
700 c242-3 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
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2023-12-16 00:29:59 +0000
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