Previous Section Back to Table of Contents Lords Hansard Home Page


Baroness Gardner of Parkes: My Lords, before the Minister sits down, I feel that he has not adequately answered the point about cost. Does he remember a time when people stopped sending barges down the river? There was great discussion in many London boroughs. We all had a sentimental attachment to barges going down the river. However, it was very expensive to continue such practice. Is the Minister aware of the cost implication?

Lord Whitty: My Lords, there are examples where there would be a cost implication but that should be covered through compliance with the strategy, in the first place, of the contract specification. It is in just such a situation that an additional cost may have to be incurred by an authority in order to comply with the overall strategy. However, that should be known at an earlier stage when the contract specification is established. In other words, if the mayor's strategy

25 Oct 1999 : Column 88

required the riverside boroughs, where possible, to move their waste by water--I am not saying that it would--that could be a provision, as far as possible, for the strategy. That would be known before the contracts were made. Yes, there are circumstances where that would be a greater cost to the authority than the alternative. However, it would be within the strategy and known well before the contract came up.

On Question, amendment agreed to.

Lord Whitty moved Amendments 544VAB to 544VAD:


After Clause 314, insert the following new clause--

INFORMATION ABOUT EXISTING WASTE CONTRACTS

(" .--(1) Where at the date on which this section comes into force a waste authority is a party to a waste contract, the authority shall, before the end of the period of 21 days beginning with the date on which this section comes into force, notify the Mayor of the date on which the term of the contract is due to expire.
(2) A waste authority which is a party to a waste contract shall--
(a) at least two years before the date on which the term of the contract is due to expire, but
(b) no earlier than three years before that date,
notify the Mayor of that date.
(3) Subsection (1) above is without prejudice to subsection (2) above.
(4) If at any time before the date on which the term of a waste contract is due to expire a waste authority which is a party to the contract--
(a) proposes to terminate or amend the contract, or
(b) receives notification from another party to the contract that the contract is or is proposed to be terminated or amended,
the authority shall as soon as reasonably practicable notify the Mayor.
(5) Where the Mayor has been notified by a waste authority under subsection (1), (2) or (4) above he may direct the authority to provide him with such information as he may require for the purposes of deciding whether--
(a) the arrangements which the authority is making to enter into a new contract,
(b) the terms upon which the authority is proposing to enter into a new contract, or
(c) the amendments or proposed amendments to the contract,
would be detrimental to the implementation of the municipal waste management strategy.
(6) Where the Mayor gives an authority a direction under subsection (5) above, the authority to whom the direction is given shall comply with the direction.").
After Clause 314, insert the following new clause--
INFORMATION ABOUT NEW WASTE CONTRACTS

(" .--(1) If in the awarding of a waste contract a waste authority is required to comply with the public procurement regulations, the authority shall not send the first information notice relating to the awarding of the contract to the Official Journal of the European Communities unless--
(a) the authority has notified the Mayor that it proposes to send such a notice, and
(b) a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.

25 Oct 1999 : Column 89


(2) If in the awarding of a waste contract a waste authority is not required to comply with the public procurement regulations, the authority shall not enter into the contract unless--
(a) the authority has notified the Mayor that it proposes to enter into such a contract, and
(b) a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.
(3) Where the Mayor has been notified under subsection (1) or (2) above he may direct the waste authority to provide him with such information about the contract as he may require for the purposes of deciding whether the contract would be detrimental to the implementation of the municipal waste management strategy.
(4) Where the Mayor gives an authority a direction under subsection (3) above, the authority to whom the direction is given shall comply with the direction.").
After Clause 314, Insert the following new clause--
CONFIDENTIAL INFORMATION ABOUT WASTE CONTRACTS

(" .--(1) Nothing in section (Information about existing waste contracts) or (Information about new waste contracts) shall require a waste authority to provide any information if--
(a) the information has been provided to the waste authority by another person,
(b) that person has imposed requirements as to the maintenance by the waste authority of confidentiality in respect of the information,
(c) the waste authority is, by virtue of the public procurement regulations, under a duty to comply with those requirements, and
(d) the provision of the information would be in breach of that duty.
(2) If at the time when information is provided by a waste authority to the Mayor under section (Information about existing waste contracts) or (Information about new waste contracts) above the waste authority notifies the Mayor that, in the opinion of the authority, the information is confidential information or exempt information, the information shall not be disclosed--
(a) by the Mayor, except to a person appointed under section 56(1) or (2) above, or
(b) by such a person, except to another such person.
(3) For the purposes of subsection (2) above--
"confidential information" has the meaning given by section 100A(3) of the Local Government Act 1972, but taking the reference to the council in paragraph (a) of that provision as a reference to the waste authority;
"exempt information" shall be construed in accordance with section 100I of that Act, but taking references to a principal council in paragraph 1(2) of Schedule 12A to that Act (meaning of "the authority") as references to a waste authority.").

On Question, amendments agreed to.

Clause 315 [Interpretation of sections 311 to 314]:

Lord Whitty moved Amendments Nos. 544VAE to 544VAJ:


Page 175, leave out line 17 and insert--
("(1) This section applies for the purposes of sections 311 to (Confidential information about waste contracts) above.

25 Oct 1999 : Column 90


(2) The following expressions have the meanings given below--").
Page 175, line 26, at end insert--
(""the public procurement regulations" means any of the following--
S.I 1991/2680

(a) the Public Works Contracts Regulations 1991,
(b) the Public Services Contracts Regulations 1993,
(c) the Public Supply Contracts Regulations 1995, and
(d) the Utilities Contracts Regulations 1996,").
Page 175, line 31, at end insert--
(""waste authority" means--
(a) a waste collection authority in Greater London; or
(b) a waste disposal authority in Greater London,").
Page 175, line 33, after ("Act") insert--
(""waste contract" means a contract which includes or is to include provision relating to municipal waste and is made or to be made by a waste authority in the performance of its functions under Part II of the Environmental Protection Act 1990 (waste on land),").
Page 175, line 35, at end insert--
("(3) "First information notice", in relation to the awarding of a waste contract by a waste authority, means--
(a) in a case where the authority is required in the awarding of that contract to comply with--
S.I 1991/2680

(i) the Public Works Contracts Regulations 1991,
(ii) the Public Services Contracts Regulations 1993, or
(iii) the Public Supply Contracts Regulations 1995,
a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 9 of the relevant Regulations; or
(b) in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 1996, a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 14.
(4) "Second information notice", in relation to the awarding of a waste contract by a waste authority, means--
(a) in a case where the authority is required in the awarding of that contract to comply with--
S.I 1991/2680

(i) the Public Works Contracts Regulations 1991,
(ii) the Public Services Contracts Regulations 1993, or
(iii) the Public Supply Contracts Regulations 1995,
a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 11, 12 or 13 of the relevant Regulations; or
(b) in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 1996, a notice in respect of that contract sent to the Official Journal of the European Communities which in accordance with regulation 15(2)(b) satisfies the requirement of regulation 15(1) to make a call for competition.
(5) Until the date on which the municipal waste management strategy is first published under section 311(1) above, sections 314(1), (Information about existing waste contracts)(5) and

25 Oct 1999 : Column 91

(Information about new waste contracts)(3) above have effect as if the references to the municipal waste management strategy were references to the policies contained in the strategy prepared by the Secretary of State in accordance with section 44A of the Environmental Protection Act 1990 (national waste strategy).").

On Question, amendments agreed to.


Next Section Back to Table of Contents Lords Hansard Home Page