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The Parliamentary Under-Secretary of State for Transport (Mike Penning)
It is a pleasure to serve under your chairmanship this afternoon, Mr Howarth. I apologise that the Minister responsible for local government is not here. I am stepping in on his behalf. He is in Newcastle, although I know that he would have liked to have been at this debate. Some of the questions asked by the hon. Member for Westminster North (Ms Buck) may need to be dealt with by letter.
As the hon. Lady knows as a former Under-Secretary of State for Transport, it would be wrong and improper for me to get drawn into the decisions of the judicial review. I stress that some of the comments she made seemed to pre-empt what the judges at the judicial review will look into. I am pleased to see my hon. Friend the Member for Cities of London and Westminster (Mark Field) in his place.
Very unusually for me, I am going to read. I normally know my brief well enough not to need to do so.
The Government are fully aware of the strength of feeling surrounding the proposed changes by Westminster council. It is difficult not to be, given what is in the local press and on the local news. The strong views expressed, and the concerns raised by residents and businesses in Westminster, show just how important issues such as this are, not just for Westminster, but across the country as a whole. It is essential that local authorities do all they can to get the balance right and to develop and maintain an effective parking and traffic management strategy that serves the interests of all stakeholders in as fair and equitable a way as possible.
There will be a little repetition, for which I apologise, but it is important that the Government set out their position. Among other things, Westminster has to strive to understand the needs of industry, shops, restaurants, clubs, theatres and Churches, as the hon. Lady alluded to, as well as the needs of the employees, customers and residents in the area affected.
Mark Field
It is also worth stressing, and this point perhaps relates to something that the hon. Lady said, that the west end and the centre of London seem to belong to more than just one or two constituencies. It is fair to say that relatively few of my constituents—my residential constituents—wrote to me about this scheme and of those who did a number were in favour of it. However, it is also the case that a lot of businesses, particularly independent businesses, are implacably opposed to the scheme. There are specific issues in Westminster because of the nature of our local authority, which means that this scheme has become a higher-profile issue and aspects of it would not necessarily be transferrable to other local authorities throughout the country; I disagree with the hon. Lady that they would be transferrable.
Mike Penning
My hon. Friend raises an important point. The character of this part of town—a town in which I was born and brought up—is unique in the country. However, I will come on to the issues relating to parking and parking spaces, and revenues that are surplus to the cost of creating those parking spaces. They are important issues, and they were the issues that the hon. Lady was referring to.
Many people choose to travel by public transport, but many others usually use their car or van. Also, parking spaces are clearly limited, both on and off the street, and there is considerable demand for road space in one of the busiest areas not only in London but in the country. Without doubt, congestion—one of the areas covered in my portfolio—is a real problem. I can understand the competing concerns that the local authority in Westminster has to address. There are very difficult issues that need to be addressed when developing appropriate parking strategies in such circumstances.
The hon. Lady referred to the fact that Mary Portas produced a report for the Government on high streets, recommending that local areas should implement free controlled parking schemes in their town centres wherever possible. However, I am not certain that such a scheme would work brilliantly within Westminster, for obvious reasons.
The Portas review points out that the high street is in serious threat of decline. No matter where we look around the country we can see that, and Westminster is no exception. Town centre shopping is affected by the internet and out-of-town stores. The number of shops in the country as a whole has gone down by 25,000 during the past 10 years, so it is not something that has just suddenly happened, and Opposition parties cannot blame everything on the current Government; that decline has been going on for some considerable time. The case that Mary Portas makes in her report is that a range of measures—not just parking measures—should be used to encourage people to use secondary and main high streets, and it is an absolutely important case.
However, as the hon. Lady said, the report by Mary Portas indicates the crucial role of parking in making an area vibrant, and I think that that is the biggest point that we have heard today. The Government agree with the report by Mary Portas on that. I am not saying whether the Government fully agree with the comments that the hon. Lady said that Mary Portas had made, because I have not actually seen those comments, but I am sure that Mary Portas is more than capable of standing up for her own comments. So we are encouraging local authorities to look closely at how parking provision and charges work.
The Government understand that these issues have a massive effect. So, in January 2011, we amended the national planning guidance to remove Whitehall restrictions that imposed maximum numbers of parking places in new residential developments; to change a policy that inhibited competition between council areas, so that one parking charge would be imposed and another would not, which related to in and out of town centre developments; to introduce a policy that parking enforcement should be proportionate, and I stress proportionate; to remove the policy that encouraged councils to set car parking charges to discourage the use of cars; and to increase support for electric car power-charging infrastructure in parking areas.
The Government’s draft national planning policy framework follows through on those changes by removing the restrictions that impose maximum numbers of parking spaces in new non-residential developments. That will also relieve pressure on on-street parking.
As we know, Westminster council has now postponed its plans until beyond the Olympics and the jubilee celebrations. The Government welcome that decision, but we will wait—I think everyone will wait—for the judicial review to reach its own conclusions. It is up to Westminster council—if we believe in localism, we must leave it to the council—to come forward and make its decisions, based on the guidance that it has.
We appreciate Westminster council keeping Department for Transport Ministers fully informed, and council representatives have had several meetings and conversations with Ministers; I myself had a phone conversation yesterday with Westminster’s chief whip, Mr Caplan, about this debate. I understand that Westminster council has agreed to use the intervening period to discuss its policy and to continue to listen to the concerns of residents, visitors and businesses, who I am sure also want to find solutions to the ongoing pressures that the hon. Lady alluded to in her speech. The key is achieving a sustainable economy for the residents and the businesses together, and that is something that we all want to achieve.
It would perhaps be useful if I provided some context and said where Westminster is in the legal framework; the hon. Lady referred to the legal framework. The Department issues operational guidance to local authorities on parking policy and enforcement. That guidance was revised in November 2010, and it supports and complements the statutory guidance published under section 87 of the Traffic Management Act 2004, to which local authorities must have regard—I stress the word “must”.
Local authorities have long been responsible for managing all on-street parking and some off-street parking, and their relevant powers were first laid out in the Road Traffic Regulation Act 1984. Section 16 of the Traffic Management Act 2004 imposes an explicit duty on local authorities when they are carrying out these functions to manage their network so as to reduce congestion and disruption, and to appoint a traffic manager.
Following the provisions for authorities to manage parking that are laid out in the Road Traffic Regulation Act 1984, the Road Traffic Act 1991 significantly changed the way that on-street parking restrictions are enforced. Before the 1991 Act, the police and traffic wardens were responsible for enforcement, and income from fixed penalty notices specifically went to the Chancellor of the Exchequer. However, the police found that the impact of parking enforcement on the resources of a number of forces supported the idea that another agency should take responsibility for such enforcement.
The potential road safety and congestion implications of a lack of enforcement were unacceptable, so the 1991 Act made it mandatory for London boroughs and optional for other local authorities to take on the civil enforcement of non-endorsable parking contraventions; in other words, parking fines where a driver does not receive points on their licence. In London, boroughs were responsible for enforcement of such fines and some other authorities also enforced such fines. The legal framework for enforcement authorities is now contained in part 6 of the Traffic Management Act 2004.
Now you know, Mr Howarth, why I am reading it and not trying to do this from memory.
Mr George Howarth (in the Chair)
Order. I think that the hon. Gentleman was referring to his notes.
Mike Penning
Correct, Mr Howarth. And noted.
The legislation clearly places the responsibility for managing and enforcing parking on local authorities, and it is a mandatory requirement in London, including in Westminster.
The Department for Transport supports local authorities by issuing both statutory and operational guidance on parking policy and enforcement. The guidance makes it clear that each local authority should have a clear idea of what its parking policy is and what it intends to achieve by having that policy. Then the local authority needs to make traffic regulation orders to put parking arrangements in place, displaying appropriate traffic signs to show the public what the restrictions mean.
The parking strategy needs to take account of planning policies and transport powers; the needs of the many and various road users, businesses and residents in the area; the appropriate scale and type of provision that it will undertake; the balance between short and long-term provision; and the level of charges, which must be formally addressed.
On the issue of charges, I should add that both the statutory and operational guidance make it clear that parking charges are a tool to manage the demand for parking and should not be used as a revenue-raising measure. I will return to that point in a few moments if I can. The Department also recommends that authorities should consult the public on parking policies as they formulate or appraise them, before coming to a decision.
What I think the hon. Member for Westminster North was asking about earlier, and I think that my hon. Friend the Member for Cities of London and Westminster alluded to it too, is what happens if a council tries to reduce congestion and address the parking issues—as set out in the guidance—and there is a surplus. In my constituency, there is a surplus. We have looked very carefully at how we fix the charges, and there were lots of discussions about whether there should be a charge of £1, £1.50 or £1.75, and there were all the arguments about the change and so on. The figure ended up being, say, £2, and then the surplus comes.
I do not think that there is any doubt that Westminster council knew—I think that it has been very open about it—that there would be a surplus and that that surplus would be used. However, it is quite specifically set out in the regulations and the guidance how that money—the surplus—should be used within the community. So I think what the Secretary of State for Transport was alluding to in her comments was that there was a knowledge that there would be a surplus, but the main reason Westminster council was introducing this scheme was to reduce congestion and to ensure that it is possible for the local community, businesses and people—
Mr George Howarth (in the Chair)
Order. We must now move on to the next debate.