Pavement Parking
Debate between Afzal Khan and Liz Twist(9 months, 2 weeks ago)
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Liz Twist (Blaydon) (Lab)
I rarely have the chance of speaking two times on one day in quick succession.
I am glad to have secured this debate, but I am sad that we are having to revisit the topic. My first Adjournment debate in this House on 6 June 2018 was on pavement parking. I am sorry that nearly six years on, we are still only talking about preventing it. I am by no means the only person to have raised this subject, as the Minister knows. Since that debate, we have had promises to resolve the problem, a few Government announcements and even a consultation three years ago—but still no Government response, much less any action.
Guide Dogs set out well what has been happening. It pointed out that it has supported private Member’s Bills in the House of Commons in 2014 and 2015, which contributed to the Department for Transport decision to commission research on pavement parking. The Department subsequently held a consultation on managing pavement parking between 31 August and 22 November 2020, exploring three options: first, to improve the traffic regulation order process by which local authorities can already prohibit pavement parking; secondly, a legislative change to allow local authorities civil parking enforcement powers to enforce against unnecessary restriction of the pavement; and, thirdly, a legislative change to introduce a London-style pavement parking prohibition throughout England. Guide Dogs supported all three, but it strongly emphasises the third option, to introduce a law across the rest of England.
Afzal Khan (Manchester, Gorton) (Lab)
I thank my hon. Friend for securing this important debate. In Manchester, pavement parking continues to prevent people from participating in everyday life, especially vulnerable and disabled people. Back in May 2023, I petitioned Parliament to outlaw pavement parking across the country. That had huge support from my constituents and local authorities, but the Government have done nothing about it. Does she share my concern that the Government continue to show their contempt for the people of Britain by failing to enforce simple measures that would greatly benefit the public?
Liz Twist
I absolutely agree with my hon. Friend.
The argument for a pavement parking ban needs little restatement. All the organisations that have contacted me since I secured this debate are largely in agreement. They say that pavement parking puts pedestrians in danger, including disabled and older people, as well as parents with children, and that the Government must take action. Locally, I know, there are major issues with the school run for parents and children negotiating parked cars. From my constituents who raised this issue, I know it is clearly one that is deeply felt. I am sure that they are not alone in that in Blaydon. Residents regularly tell me about the problems pavement parking causes outside the little shops in Winlaton, along the high street in Birtley or even just up from my home along the main road in Ryton.
Guide Dogs UK has done a lot of work on this issue because pavement-parked vehicles pose a particular risk to people with sight loss, blocking their routes, creating trip hazards and forcing them to walk on to roads full of traffic which they cannot see. Research by Guide Dogs has found that virtually all people with sight loss have been forced to walk in the road due to pavement-parked vehicles. Some 80% of respondents said that pavement parking affects them weekly, while one in five said that they had been injured as a result of it. A third of people with sight loss said that they are less willing to go out alone just in case they come up against vehicles blocking their path. It is deeply unjust that people with sight loss should have their everyday lives disrupted because of this issue.
In my last Adjournment debate, I talked about my experience of meeting Margaret and Laurel, constituents of mine who are both visually impaired, and taking a walk with them blindfolded, or with restrictive glasses, on my local street. At the time, they told me that they had lost confidence in going out alone, and that their independence was at risk because of the number of vehicles parked on the path. I had the chance to catch up with Laurel ahead of this debate, and I am sad to say that little has changed for her in the past six years. She shared with me the following message:
“Where I live, all the houses are built in the 1950s and many don’t have their own drive. As a result, everyone parks their cars on the pavement. You can’t get past them, and often Tasha, my Guide Dog, and I have to walk in the road. It’s not just the one car we have to get past—I frequently have to go in the road to get past a few of them, which is so frightening as you can’t hear bikes or quieter cars. If I try to get past without going on the road, I find that I often hit my head on the wing mirrors, which is unnerving in itself.
I want to be independent and use the pavement without having to get help, but there are so many cars about that it’s getting harder all the time. I recently went to catch the bus but found there were cars parked each side of the bus stop pole, stopping me from waiting there, and preventing the bus from pulling up. I had to step out into the road to get to the door of the bus, which was nerve racking. You don’t know what might be coming towards you and you are putting yourself and your guide dog in danger. Because I’d had to step down into the road, the step onto the bus wasn’t at the height I’m used to, and I missed it and fell, really hurting myself. The driver didn’t help and just said he’d report the problem.
On another occasion when I was coming home, the bus got to my stop and struggled pulling into the curb because of the cars. The driver actually stopped right in front of the pole so that it was right in front of the doors when they opened. If I’d got out, I’d have walked straight into it but fortunately, my son was with me on that occasion, and he grabbed hold of me to stop me.
I feel really angry because people parking on the pavements just don’t realise what problems they cause Tasha and I when we’re out, and I want someone to stop this happening.”
The focus of my debate is the problems that we are having in my Blaydon constituency, which, as the Minister knows—it is next to his constituency—is in the north-east. I note that the north-east deeper devolution deal, which was published yesterday, contains a section that addresses pavement parking. The North East Mayoral Combined Authority’s stated intention to develop a consistent approach to enforcement is laudable, and I know that my local authority, Gateshead Council, has previously looked at what it can do to help with the problem, but identifying streets and issuing traffic regulation orders is a lengthy, impractical and costly process, and local authority civil enforcement officers have few powers where there are no lines or signs present. That is why so many organisations and local authorities have called for a system that allows for blanket prohibition, such as the one that currently operates in London, with the potential to allow for exceptions where local geographies or street designs make them necessary.
The national consultation was set up to consider what the Government could do to support councils to take action on this issue. I gently remind the Minister that that consultation took place in 2020, and it stated that a summary of responses would be published within three months of its closing. It has now been 1,285 days since the consultation closed, but we are without a substantive update. That is without considering the dawdling that took place prior to the consultation, which I understand the Government had initially planned for early 2017, or—to look even further back—the time that has elapsed since the hon. Member for North Dorset (Simon Hoare) introduced a private Member’s Bill on this issue in 2015.
In a debate in the House of Lords only a few weeks ago, the Under-Secretary of State, Lord Davies of Gower, told that House:
“Yes, it is time and I am hopeful that in the not-too-distant future we will come out with a report on this.”—[Official Report, House of Lords, 21 February 2024; Vol. 836, c. 607.]
I can understand that the 15,000 responses that I believe were submitted need to be looked at, and that considering them takes some time, but from hearing those words from Lord Davies, one could be forgiven for assuming that the Government were just running a tad over the deadline. We are now more than three years on, and it is disappointing that the Government cannot promise us anything better than vague hopes for a response.
Afzal Khan
I thank my hon. Friend for being generous in giving way. A recent Sustrans report found that 49% of people in Greater Manchester wish to walk or use their wheelchair more, and 40% want to cycle more. Does she agree that if the Government banned pavement parking nationally, that would improve the accessibility of our footways, make our streets safer, and encourage people to choose active travel alternatives to cars?
Liz Twist
My hon. Friend makes an important point. We are all looking to develop active transport policies, and making it easier for people to walk on pavements and use public transport safely is a real issue, so I very much welcome that report.
As I have said, 15,000 responses might be a lot of paperwork to get through, but they also suggest a high level of public engagement and interest in this issue. The Government owe it to disabled people, as well as the wider public, to ensure that they complete this process. As such, I ask the Minister whether the Department for Transport will commit today to urgently publish the response to the consultation on managing pavement parking, and to set out a timetable for introducing legislation.
Everyone should feel safe and confident when using pavements in their local area, but so many people, including many families walking to school, are suffering. People like my constituents Laurel and Margaret are suffering from social isolation and a loss of independence due to the lack of action on this issue. People with disabilities must not be an afterthought, so I hope that the Government will stop taking them for a ride, crack on and address their concerns.
Oral Answers to Questions
Debate between Afzal Khan and Liz Twist(9 months, 3 weeks ago)
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Liz Twist (Blaydon) (Lab)
Afzal Khan (Manchester, Gorton) (Lab)
Pavement Parking
Debate between Afzal Khan and Liz Twist(1 year, 9 months ago)
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Afzal Khan
I agree. That is exactly the point I will make: we need to move forward, because we should not be still waiting. What is good enough for London is surely good enough for the rest of the UK.
In 2020, the Government held a consultation called “Pavement parking: options for change”. There have been written questions on when we can expect the outcome of the consultation; the response every time is “As soon as possible.” We are now on our fifth responsible Minister since the consultation closed. Government instability aside, surely the Minister agrees that two years, three months and 19 days is more than enough time to prepare a response. I hope he will be able to make “as soon as possible” mean sooner rather than later.
PATROL, a joint committee of local authorities—the name stands for Parking and Traffic Regulations Outside London—points out that it is a misconception that all pavement parking is currently legal outside London. The Road Vehicles (Construction and Use) Regulations 1986 make it clear that causing “unnecessary obstruction” of the highway by a stationary vehicle is a criminal offence. However, because it is a criminal offence, only the police have the power to issue penalty notices. The truth is that this is not a priority for the police and, to be honest, I do not blame them for that. After all, since 2011, Greater Manchester police have seen real-terms cuts of more than £215 million, with 2,000 fewer officers. They simply do not have the capacity. The current law is also ambiguous. The word “unnecessary” is subjective and leads to significant confusion among drivers: a study by YouGov found that 46% of them were confused by current laws.
The real difference between London and the rest of England lies in the fact that the Greater London Council (General Powers) Act 1974 created an unambiguous offence which authorities are confident to enforce and which, moreover, is also enforceable by local councils, rather than just the police. There is widespread agreement that we must bring the rest of England into line with London.
Liz Twist (Blaydon) (Lab)
My first Adjournment debate in the Chamber was about the issue of pavement parking. We were told that there would be a response very soon. Is it not now essential, for the sake of people such as Laurel, a blind constituent of mine who has a guide dog, for these laws to be introduced?
Afzal Khan
I entirely agree.
While it is already possible for councils to issue a traffic regulation order, there are drawbacks to the process which make it not only an unsustainable option for local authorities, but one that is unlikely to drive widespread behavioural change. The cost of permanent TROs can be astronomical. There is a clear need for a separate review of TROs to bring the process into the 21st century. They are rightly only enforceable when clearly signed, but that is yet another expense, and the overall cost makes them suitable only for a narrow and targeted approach. It would never be possible to create a TRO preventing pavement parking covering the entire city of Manchester, for example. If an order is applied to just one small area, the problem may shift to a nearby area without changing driver behaviour.
What is needed is a national approach that sets an expectation for all drivers everywhere. One way of achieving that would be to amend the Traffic Management Act 2004 to add obstruction to the list of offences to which civil enforcement applies. This would be imperfect, but would allow local authorities to issue fines, and would give councils outside London the first ingredient in the recipe that their counterparts in the capital enjoy: the power to enforce. We would also need a second ingredient, a lack of ambiguity. However, there should be very few circumstances in which obstructing the pavement is necessary, and we must set clear expectations on that to change driver behaviour.
A step beyond would be the introduction of a default ban on pavement parking across England through primary legislation, which is the approach now being taken by Scotland. The main benefit would be the creation of a simple, uniform and easily understood system, allowing for exceptions to suit local circumstances. I appreciate that that might take more time, which is why I hope the Government might make use of intermediate options now to begin to tackle the issue as soon as possible.
Any of these options will need to be accompanied by more resources: resources for national and local information campaigns on how the law is changing, and resources for local authorities for the purpose of enforcement. Only by doing both can we change behaviour for the better, and we cannot expect local authorities to foot the bill when they have already faced millions of pounds of cuts forced on them by Conservative and Lib Dem Governments since 2010.
There is a clear and widespread desire for change across the country. We must do better to make our streets usable for people walking or wheeling, and create an environment that is for the many, not the few. That will mean more people on foot, on bikes and on public transport, fewer cars and healthier, cleaner air.