13:41 - The House divided: - Ayes: 155 / Noes: 7 - Question accordingly agreed to.
13:56 - The House divided: - Ayes: 150 / Noes: 2 - Question accordingly agreed to.
14:09 - The House divided: - Ayes: 153 / Noes: 2 - Question accordingly agreed to.
14:21 - The House divided: - Ayes: 146 / Noes: 2 - Question accordingly agreed to.
Mr Julian Brazier (Canterbury) (Con)
I thank my hon. Friend the Member for Pudsey (Stuart Andrew) for taking this on. I will not be able to be in the Chamber for most of the debate because of the duties he mentioned. The matter has been running for some years and has cost Canterbury city council a great deal of money—no doubt, it has cost the other councils a great deal of money too. We made concessions on the original Bill in the Commons and further concessions were made in the Lords. I very much hope we can get this business finished this afternoon.
The Parliamentary Under-Secretary of State for Skills (Matthew Hancock)
Given the first two speeches, it might be advantageous for the House if I set out the Government’s position. We do not normally seek to intervene on private business, but we have in this case—not on the substance, but to ensure that it is consistent with the EU services directive. We are content for the business to go forward. As it happens, I am a great personal fan of all four cities concerned not least because one is the city of my forefathers—that is my personal position. The Government’s position is that we are content for the Bill to go forward.
Matthew Hancock
Unusually, my hon. Friend the Member for Bury North (Mr Nuttall) accurately represents the Government position. Some aspects of the Pedlars Act are inconsistent with the European services directive. The consultation that will close on 15 February is known to the four authorities involved; they know that a consultation about a change in the national law is taking place. The proposals up for discussion in the consultation include repealing the Pedlars Act and amending the national street trading regime, and the local authorities would need to amend their legislation to take account of any such changes.
Mr Chope
I am grateful to my hon. Friend for that intervention, and I therefore presume that the Government will vote against Lords amendment C9, which was passed in the other place in 2011, as it has been overtaken by events. It tinkers with amendments to the pedlars legislation, but the Minister says the legislation should be completely repealed.
Matthew Hancock
As my hon. Friend knows, the consultation is ongoing, so there is good reason not to bring forward amendments at this stage. To do so might be seen as prejudging the consultation. The appropriate size of trolleys is part of the consultation, so when the consultation closes, we will bring forward conclusions on what is the appropriate size.
Mr Chope
So does my hon. Friend agree that it would be a good idea for the promoters of the Bills, when the appointed time for discussing them today has expired, to seek the indulgence of the Chairman of Ways and Means to ensure that the Bills are not brought back before the House until after the conclusion of the consultation period and until the Government’s position is clearer? That would enable the necessary consequential amendments to be made to the Bills, rather than their being rushed on to the statute book only for the councils that promote them to come back with fresh amendments in the future. Surely he would think that good advice for the promoters of the Bills.
Were our consideration delayed beyond the expiry date of the consultation, would the Government come forward with amendments to Lords amendment C9 so that it properly reflected the Government’s view on the impact of the services directive?
Matthew Hancock
As a relatively new Member and Minister, I have much to learn from my hon. Friend about the procedures of this place. His ability to describe as rushed legislation that has so far been six and a bit years in the making, while at the same time speaking at great length to ensure that it is scrutinised properly, is very impressive. What he has said about timing is on the record and these things are always looked at.
Mr Chope
I am grateful to my hon. Friend for his generous comments, and for noting, without expressing an opinion, that the point is now on the record for the promoters of the Bill. It is hard to imagine, but if I were a promoter of a private Bill, I would certainly be keen for everything to be dealt with in one Bill, rather than face a situation in which my Bill was amended and put on the statute book in a form that would not comply with legislation brought forward by the Government in due course. One difficulty the Government may have is that to amend private legislation that is different in different parts of the country could either involve hybrid Bills or rely on individual local authorities to bring forward their own private Bills, with all the scope that would offer for people to raise petitions and so on.
There is a serious issue about the status of pedlars, and what was said in the other place and resulted in these Lords amendments is highly pertinent to today’s discussion. The noble Lord Bilston told their lordships that the Bills were disproportionate, and that there was concern to protect the rights of
“genuine pedlars…who play by the rules, who move around when trading and who do not use oversized stores to display their wares.”—[Official Report, House of Lords, 3 December 2012; Vol. 741, c. 443.]
That is why he was keen to include in the Bill provisions to restrict the size of stores that can be used by pedlars, but otherwise enable them to carry on as before. His concerns were reflected by other noble Lords, including the noble Baroness Knight of Collingtree who said that, in essence, and as far as she interpreted the Bills, local authorities were
“seeking the total eradication of pedlars from their streets.”—[Official Report, House of Lords, 3 December 2012; Vol. 741, c. 445.]
Their lordships were, I think, wise and helpful in responding to the concerns expressed by pedlars on these issues, but I am not sure that they went as far as they could have done in ensuring that the new regime will work well in practice. The principal reason for saying that is reflected in my amendments to C9, which are centred around whether we should have “designated areas” or streets. Everybody understands a street; it has a name and can be found on a Google map—just to show how modern I am—and that name can be seen at the side of the street as someone walks along. A “designated area”, however, is much vaguer and could be large or small. The most difficult concept for us to deal with in clause 9, as amended, is that subsection (7) now states:
“The council may designate an area for the purposes of this section only if it has reason to believe that it is necessary to do so to ensure road safety or prevent obstruction of the highway.”
I have tabled three amendments to subsection (7). Amendment (e) would leave out “an area” and insert “a street”, and amendment (f) would remove the words
“it has reason to believe”
thereby introducing an objective, rather than subjective, test as to whether the provision is necessary to ensure road safety.