§ Mr. Steenasked the Secretary of State for the Environment if he will seek powers to make it an offence punishable by heavy fines to sell anti-fouling paint containing tributyl tin as from 1 July.
§ Mr. WaldegraveI refer my hon. Friend to the answer I gave my hon. Friend the Member for Richmond and Barnes (Mr. Hanley) on 24 February at columns 202–3. Regulations under the Control of Pollution Act 1974 are currently being drafted and will shortly be made available for consultation. In addition, from 1 July it will be an offence under part III of the Food and Environment Protection Act 1985 to sell any pesticide, which includes any anti-fouling agent, which has not been approved by Ministers.
Under section 100(5) of the Control of Pollution Act, the regulations may prescribe maximum penalties for an offence. Similar provisions apply under section 21(3) of the 53W Food and Environment Act. In either case a person guilty of an offence is liable on summary conviction to a fine not exceeding £2,000 and on conviction on indictment to an unlimited fine.