I move amendment No. 176:
In page 57, subsection (2) (a), between lines 50 and 51, to insert the following:
"(xi) require the holder of the licence to effect and maintain a policy of insurance insuring him or her as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the carrying on of the activity concerned,".
We are returning to the discussion we had yesterday evening about "may" and "shall". Section 41 (2) (a) lists the items which "shall, as appropriate" be conditions attached to a waste licence and section 41 (2) (b) lists those which "may, as appropriate" be conditions. I made a point yesterday about insurance and protection for people. I want section 41 (2) (b) (xiii) to become section 41 (2) (a) (xi) and I outlined my reasons yesterday.
People involved in the waste business, which has the potential to damage the environment, should not be allowed to decide if they need an insurance policy. A number of cowboy merchants are operating in this area and they can damage the environment. However, as soon as the law comes close to catching them, they leave. We all know how difficult it is to follow liquidated companies; an individual cannot be legally followed. Sometimes these companies must only change their name to have protection.
The section states "shall, as appropriate" and this should be used rather than "may, as appropriate". Special pleadings will probably be made and people will say there is little insurance cover in this area. However, people in this business should not be given the opportunity to start without having insurance cover and a bonding system. I ask the Minister to accept this amendment.