7. Will the Cabinet Secretary make a statement on the process for transferring liabilities to a successor local authority from its statutory predecessor following a reorganisation in local government? OAQ51797

Any legislation for reorganisation would include provision specifying that all liabilities, including criminal liabilities, would transfer from the predecessor authority to the new authority on the day that reorganisation took effect.  

Thank you, Cabinet Secretary. The Court of Appeal judgment in the case of Powys County Council v. Price and Hardwick overturns a High Court decision that could have wide ramifications for local authorities in relation to their liabilities under the contamination land regime. The Environmental Protection Act 1990 says that primary responsibility for the remediation of contaminated land is the original polluter, even if they no longer have an interest in the land in question. However, the Court of Appeal has taken a different approach, overturning the original High Court decision, and says that Powys is not liable for pollution caused by its predecessor landfill operations, meaning that current landowners may be held responsible for remediation, even though they had no part in the original pollution. You will appreciate this is causing great concern to some landowners in Powys, I'd therefore be grateful if you could state what the ramifications are for local authorities of this Court of Appeal judgment and confirm whether or not you will work with colleagues to resolve what appears to be a legal loophole.

I'm grateful to the Member for that question. Can I say to him it's clearly an issue that I will need to consider in greater detail than to provide a full answer this afternoon? [Laughter.]

I'll write to you.

I hope that Members will sympathise with that.

Can I say, Presiding Officer, that I will make a written statement on this matter, since it's clearly of interest to the Chamber and it's clearly an important issue that we need to address?