Day 075 - 17 Jan 95 - Page 28
1 there are limitations simply by virtue of questions of
2 trespass; they perceive environment/index.html">litter to be on land to which they
3 have no right to get access. Then that is a problem that
4 the Local Authority frequently has too in that it may
5 perceive that there is a problem associated with environment/index.html">litter
6 which is on private land which they are not able to clean
7 up.
8
9 Q. Or hidden under bushes they might not notice?
10 A. Except within the context of the Street Litter Control
11 Notice where they can require companies in relation to land
12 that they owned to keep it clean and clear.
13
14 Q. We have a situation that we have heard of this week, an
15 example is the Kings Road area, where there have been a
16 great deal of complaints from Residents Associations and
17 residents about what they say is the ineffectiveness of
18 environment/index.html">litter patrols by McDonald's. McDonald's have countered it
19 by saying they do patrols. They are as effective as they
20 can be. In the light of that, whether or not McDonald's do
21 the patrols they say they do, or whatever, is the
22 generation of disposable packaging and the sheer volume of
23 it really something that should be taken seriously as a
24 problem in terms of littering?
25
26 MR. JUSTICE BELL: I think that is such an obvious question, and
27 I am not really sure whether it is right to ask the
28 Professor because he has not heard all the evidence.
29 I have to make up my mind the extent to which there was a
30 environment/index.html">litter problem (or may still be) in the Kings Road related
31 to McDonald's.
32
33 MR. MORRIS: I was sort of abstracting from that a general
34 question, really, rather than just Kings Road.
35
36 MR. JUSTICE BELL: Do not ask Professor Ashworth questions which
37 any intelligent person could have a view on. Ask him a
38 questions where he might have some special expertise or
39 experience which he can give to us -- I do not think that
40 is one.
41
42 MR. MORRIS: OK. (To the witness): What range of powers would
43 you like to see, or are being discussed at the moment, for
44 local authorities in terms of -- we have heard, for
45 example, the German example about a levy on disposable
46 items being discussed -- what other powers would you like
47 to see local authorities having access to or having?
48 A. I do not -- if you are asking me in terms of environment/index.html">litter
49 creation and that general problem, they do not need any
50 more powers than they have been given. What they need to
51 do is to exercise them with greater diligence. If I can
52 volunteer an answer to the question that I thought you were
53 going to pose, if his Lordship is happy to do so, the route
54 for redress for the citizens that you were referring to is
55 through the Local Authority whom they can demonstrate, and
56 the Environmental Protection Act gives them authority to do
57 so, they can take their Local Authority to court for its
58 failure to discharge its duty under the Environmental
59 Protection Act to keep the streets clear and clean.
60
