Written question asked by Lord Bruce of Bennachie (Liberal Democrat) on Tuesday, 26 February 2002, in the House of Commons. It was due for an answer on Tuesday, 5 March 2002. It was answered by Michael Meacher (Labour) on Tuesday, 5 March 2002 on behalf of the Department for Environment, Food and Rural Affairs.

Dept for Environment Food and Rural Affairs

Question: To ask the Secretary of State for Environment, Food and Rural Affairs, what steps her Department (a) has taken and (b) plans to take to ensure that local authorities conduct the inspection of polluting processes required by (i) her Department and (ii) statute. - Inc ref to Environment Act 1995.

Answer: Malcolm Bruce: To ask the Secretary of State for Environment, Food and Rural Affairs what steps her Department (a) has taken and (b) plans to take to ensure that local authorities conduct the inspection of polluting processes required by (i) her Department and (ii) statute. [38406] Mr. Meacher: Local authorities have been given the Local Air Pollution Control regulatory function and it is for them to ensure that it is carried out adequately. They are letting down those they represent if they do not do so. Local authorities have powers of entry under section 108 of the Environment Act 1995 to carry out inspections. Although the statute does not prescribe any specific level or frequency of inspections, like any statutory power this power must be exercised reasonably, to pursue the purpose of the statute. The Department works closely with the Local Government Association and the Chartered Institute of Environmental Health over the implementation of LAPC. Specifically, in the last two years it has publicly listed all local authorities with a low inspection record, and has this year written to all these local authorities asking to be told what action will be taken to rectify the situation. We will shortly be writing to chief executives of all local authorities to remind them of the importance of undertaking adequate inspection.

Secondary information