HC Deb 15 June 2000 vol 351 cc680-1W
Mr. Cousins

To ask the Secretary of State for the Environment, Transport and the Regions, pursuant to his answer of 6 June 2000,Official Report, columns 195–96W, if (a) the Model allotments, (b) Moorside allotment and (c) Nun's Moor allotment have been subjected to unauthorised excavation for bottles and metal material since toxic ash from Byker Heat Station was deposited. [126007]

Mr. Meacher

Newcastle city council advise that they are not aware of any unauthorised excavations at the Model allotments or Moorside allotments. Nun's Moor allotment has experienced some small-scale unauthorised excavations, however these were not in the area of the ash paths.

The Fenham Allotments, as opposed to the Fenham Model allotments, have experienced severe damage from unauthorised excavations for bottles. This site, however, has not received ash from the Byker Heat Station.

Mr. Cousins

To ask the Secretary of State for the Environment, Transport and the Regions, pursuant to his answer of 6 June 2000,Official Report, columns 195–96W, what prima facie failures of statutory duty of care under the Environmental Protection Act 1990 have occurred in the distribution of toxic ash from the Byker Heat Station to bridleways and allotments. [126008]

Mr. Meacher

The Environment Agency investigation, referred to by my hon. Friend the Parliamentary Under-Secretary of State in his answer of 6 June 2000,Official Report, columns 197–98W, into the deposit of ash at allotments and other sites in the Newcastle area, is continuing.

The Agency investigation will establish whether the waste management controls under Part II of the Environmental Protection Act 1990 have been contravened, including any breaches of the statutory duty of care imposed under section 34 of the 1990 Act. If there is evidence of contravention, action will be taken in accordance with the Agency's published Enforcement policy.