HL Deb 27 June 1989 vol 509 cc658-9
The Earl of Portsmouth

My Lords, I beg to move that the Bill be now read a third time.

At Second Reading I undertook to answer a point raised by noble Lords concerning the financial and manpower implications of the Bill. The House will be aware that the provisions of the Bill were the subject of a government consultation exercise in December 1986. All local authorities which commented on the proposals supported them.

Local authorities currently have a duty under the Public Health Acts to inspect their areas to detect matters which require to be dealt with as a statutory nuisance. In the case of non-dark smoke emitted from dwellings outside smoke control areas they now receive complaints but cannot take enforcement action. The Bill will enable local authorities to take rapid and effective action against such emissions where they are considered to constitute a statutory nuisance. In the case of non-dark smoke emitted from dwellings outside smoke control areas they not only more effective control over smoke nuisances but a reduction in the number of repeated complaints about smoke nuisances because of the lack of local authority enforcement powers.

In the case of dark smoke emitted from industrial or trade premises, local authorities currently face a barrage of local complaints and the expense of court cases which prove abortive because they cannot prove that dark smoke was emitted at night or because it was successsfully argued that the person causing the emission was not the occupier of the premises. The Bill should help to improve the local authority success rate with the resultant saving in legal fees. I beg to move.

Moved, That the Bill be now read a third time.—(The Earl of Portsmouth.)

On Question, Motion agreed to.

The Earl of Portsmouth

My Lords, I beg to move that the Bill do now pass.

Moved, That the Bill do now pass.—(The Earl of Portsmouth.)

On Question, Bill passed, and returned to the Commons with amendments.