Brown Signs

Anne Marie Morris Excerpts

Wednesday 27th April 2011 Westminster Hall

[Julian Smith]

I am sure that travellers down the A1 would visit Yorkshire first, before Lincoln, but my hon. Friend makes a very good point.

[Anne Marie Morris (Newton Abbot) (Con)]

I rise to express my concern that this problem exists not just in rural areas but in coastal towns. If someone were travelling along the A380, they would not know that Newton Abbot, my constituency, existed. Brown signs to highlight the cattle market in St Leonard’s tower would be welcome, but they are notable by their absence.

[Julian Smith]

My hon. Friend makes an excellent point, and again, as long as tourists come through Yorkshire first, I am sure that the Minister will encourage them towards the coasts.

The town of Masham in my constituency has lost six directional signs off the A1(M) and is desperately trying to get a brown sign to replace them. This is a stunning part of the world, with Wallace and Gromit, Wensleydale cheese, James Herriot and the Black Sheep and Theakston’s breweries, together with many small inns, hotels and bed and breakfasts.

Local tourism relies largely on the traffic coming from the A1—the soon to be A1(M). Flo Grainger, who leads the “Keep Masham on the Map” campaign and runs the Old Station café, has described the double whammy that businesses in the area have received from both the recession and the Highways Agency policy on brown signs. We have been told time and again that it is just not possible to have a sign for a market town without that town having a specific tourism site that will attract 200,000 visitors a year or 40,000 in a given month. It is not even possible to have a brown sign denoting a well-known area—a generic label—such as the Yorkshire dales or Wensleydale, and yet recent visitor surveys by Welcome to Yorkshire have shown that the top concern of visitors to my constituency, and to north Yorkshire as a whole, is the lack of good signage.

My first question to the Minister is a specific one. Why has the upgrade of the A1(M) forced so many businesses to chase the Highways Agency for clarity on such a vital aspect of their business? Why am I, as their MP, having to hassle the Highways Agency to support the micro-businesses creating the jobs and wealth that we desperately need? The machinery of the Highways Agency and the regulations under which it operates do not seem to be on the same wavelength as the reality on the ground. The A1 upgrade has raised lots of questions about Whitehall’s responsiveness to small business and the Government’s policy on brown signs.

There are some positive indicators. A recent Department for Culture, Media and Sport tourism policy paper stated that brown signs had come in for a lot of criticism and that the Highways Agency would be asked to work much more closely with the Minister with responsibility for tourism to consider how they can be improved. I urge my hon. Friend the Minister to ensure that he works closely with the Tourism Minister on the issue.

Fundamental issues are at stake. Yet again, Labour’s decade of disrespect for the countryside is being demonstrated. Why are rural areas—and, as my hon. Friend the Member for Newton Abbot (Anne Marie Morris) said, coastal areas—subject to the same visitor number rules as our country’s major towns and cities? Many tourism attractions in north Yorkshire and the other English rural areas represented by my colleagues here cannot attract a footfall of 200,000 a year or 40,000 in a given month. We must relax the rules and make special exemptions for rural areas. Why cannot our major market towns or areas such as the Yorkshire dales be given signs if they can attract good aggregate visitor numbers? Why can they not be recognised as areas of note? Not every pub or village should get a brown sign, but more judgment should be used for our rural areas. Rural England has lots of quirky, small visitor attractions that will never draw enough visitors for a brown sign, whatever the rules are, but if we could help them with brown signs to the general destination, it would make a major difference.

Brown signs should be seen as an opportunity to draw visitors to an area. A recent letter to me from a Liberal Democrat Minister in the Department for Transport said that brown signs

“should only be used where they will benefit road users, particularly those seeking a pre-selected destination that might require additional guidance in the latter stages of their journey.”

I believe that we should change the raison d’être of brown signs. Between 11% and 16% of visitors to rural areas decide what to do based on chance rather than deciding before they leave home. Seducing people to our major tourist areas should surely be part of the review of how and why we use brown signs. Brown signs should be the passionate signposts to England’s green and pleasant land.

The question of how the Highways Agency treats businesses needs addressing. I urge the Minister to set up a much clearer structure within the Highways Agency that involves individuals who understand business and will ensure that applications for brown signs are much shorter, sharper and swifter. The Treasury should also be involved. Tourist businesses are open about the fact that brown signs have value. Relaxing the rules a bit would provide an opportunity for a little income. While our economy remains in intensive care, we need to work with every industry to take immediate action to help. Better brown sign policy would make a difference to the tourist industry.

Will the Minister ask the Highways Agency to address the concerns of my constituents in Ripon, Masham and beyond? Will he ensure that visitor number targets for brown signs are lowered in rural areas? Will he consider relaxing the regulations, opening them up to include general areas of note and taking a more discretionary approach to the rules on brown signs? Brown signs are a practical and low-cost way for the Department for Transport to assist the Government’s growth agenda. I hope that the Minister can assure me that brown signs will be at the top of his in-tray before the summer recess, and that soon thereafter he will join me in Masham for a pint of Theakston or Black Sheep bitter.

Coastguard Service

Anne Marie Morris Excerpts

Wednesday 2nd February 2011 Westminster Hall

[Sarah Newton]

I should like to make some progress. I appreciated the meeting that I had with Sir Alan Massey and his team yesterday to listen to their rationale for their proposals for Falmouth. They were generous with their time, but I remain unconvinced of their case. I agree that there is a lack of resilience in the current system and the pairing arrangement. I agree that if Falmouth was hit by lightning, as I was told yesterday it has been on a few occasions, there would be a problem. I also agree that networking all the stations around the UK will enable a greater flexibility in managing resources and improve the skills of coastguards in other UK stations. Moreover, it would enable better management of peaks in demand on the service. It is a good idea to share the expertise and international relationships that the Falmouth coastguard has developed with other UK coastguards to ensure a resilient service.

[Anne Marie Morris (Newton Abbot) (Con)]

rose—

[Sarah Newton]

I will give way in a moment. Nevertheless, Falmouth should continue with its 24-hour cover as the leading international rescue centre, and it will be backed up by the network of coastguards in the rest of the UK. That would address the stated aims of the proposals by improving resilience and creating a more flexible service that is able to cope with the anticipated growth in demand and peaks and troughs of demand in the service. It simply does not make sense and is a waste of money to develop a new centre and recruit and train staff in Southampton, in order to replicate what is recognised to work so well in Falmouth.

Falmouth’s reputation for international search and rescue is world renowned, and its expertise has been built up over many years. The monitoring and rescue work carried out by Falmouth coastguard is not, as has been suggested, a UK humanitarian gesture; it is absolutely a legal requirement of the UK Government.

In the past two years, Falmouth coastguard station has handled 7,356 incidents, of which 4,590 were specifically search-and-rescue missions. That makes Falmouth the busiest station in the whole UK for search and rescue. Out of those incidents, a third took place at night, between 8 o’clock in the evening and 8 o’clock in the morning. Under the current proposals, that is when the station would be closed.

I have noted from the graphs provided by the MCA’s consultation document that Falmouth, compared with all other coastguard stations, does not have as much variation in its work load from month to month, and nor does the work load disappear at night, as the MCA argues. In other words, while the MCA is correct in its assertion that coastguard stations are generally busier during the day and during the summer months, Falmouth is almost unique in being busy at any hour of the day throughout the entire year. The argument that the station does not have to be manned during night hours due to a lack of work and seasonal variations does not hold water.

--- Later in debate ---

[Mr Mike Hancock (in the Chair)]

Order. I remind Members that 12 Members want to take part in the debate. Interventions must be short and to the point otherwise Members will be very disappointed. If the intervention is really necessary, fine. If not, I urge Members to be respectful of other Members who want to speak in this debate.

[Anne Marie Morris]

I entirely endorse what my hon. Friend is saying about her concerns with regard to Falmouth. If Brixham, my coastguard station, goes, Falmouth and Southampton, which is 200 miles away, will have to cope with something like 1,500 incidents, if last year’s figures are typical.

[Sarah Newton]

I thank my hon. Friend for that helpful intervention. The Falmouth coastguards have developed effective working relationships with other services in the area, such as the Royal National Lifeboat Institution, the RNAS Culdrose where the search and rescue helicopters are based, Falmouth harbour commissioner for the co-ordination of tug boats to guide and protect larger vessels, maritime fire services and the emergency ship repairer, A&P Falmouth. Remember that any vessel coming in from the Atlantic, large or small and in distress, will rely on Falmouth for assistance. That includes the volunteers of the Mission to Seafarers, which takes distressed mariners under its wing. Such close working relationships have been cultivated over decades.

The Falmouth station has achieved many positive outcomes. Take, for instance, the Fryderyk Chopin, a Polish ship carrying 36 teenagers, or the MSC Napoli, which was holed during a storm and forced to beach in Lyme bay. Were it not for the constant reassurance and effective search and rescue co-ordination provided by the Falmouth station, the outcomes of those recent incidents would have been very different. I might add that both those high profile incidents, which took place in the glare of the world’s media, occurred at night, and that is precisely when the MCA wishes the station to be closed.

Exeter to Plymouth Railway

Anne Marie Morris Excerpts

Wednesday 10th November 2010 Westminster Hall

[Anne Marie Morris (Newton Abbot) (Con)]

During the next 10 to 15 minutes, I shall speak about the south Devon railway line. It is close to my constituents’ hearts, and I am clearly looking to the Minister to support continued investment in it.

The line goes from Exeter to Plymouth, and part of it goes through my constituency. It goes through Starcross and down the coast through Dawlish and Teignmouth. From there it divides, and goes on either to Torbay or Plymouth. It is one of the most picturesque stretches of railway in Europe; indeed, it is a tourist attraction in its own right.

The line is hugely important to the Devon economy for two reasons: because of the role it plays in supporting tourism, and for its role in helping my constituents to commute to work and back. In my part of the world, public transport is important, as it is a very rural community. The Minister will be delighted to hear that the more rail travel we have, the smaller will be our carbon footprint, so I hope to achieve some support in that regard.

I shall dwell first on the economic value of the line and explain how important it is for Devon. Tourism accounts for 7% of the Devon economy, a substantial part. We have 5.3 million visitors a year, which is no mean feat. Teignbridge, the part of my constituency through which the railway runs, is the second most important destination for tourists. As a result, it is no surprise that 30% of the local work force are engaged in tourism or related industries. While tourists are in Devon, they spend in excess of £2 billion a year. That is a significant sum.

I turn to the commuting element, and the economic and environmental benefits of the line. The Minister may be surprised to learn that 2 million people used that line during the last 12 months. Indeed, Network Rail’s estimate is that we will see 19% growth over this year and next. It has been identified as one of the fastest growing lines.

[Sarah Newton (Truro and Falmouth) (Con)]

I thank my hon. Friend for giving way, and I congratulate her on securing this debate. I give her my support and the support of all Members of Parliament who represent Cornwall.

All trains from Paddington to Cornwall use this line, but we in Cornwall are even more remote and peripheral to the UK than Devon. The line is vital to us, and it should be protected and upgraded, especially given the environmental problems that I hope my hon. Friend will mention. The line is important not only for Devon, but will play an important role in the future economy of Cornwall.

[Anne Marie Morris]

I thank my hon. Friend for that valuable contribution and for the support she offers.

As I said at the outset, I am seeking the Minister’s support for continued investment, and I shall explain why. During the last Parliament there was a House of Commons inquiry into an alternative inland route, which resulted from concerns about the viability of continuing investment, given the coastal path that the route takes. The inquiry findings were made public in February this year; its view was that, at a cost of £100 million, it simply was not viable. We now have a new Administration, and I therefore seek an assurance that the Government see the coastal line as a priority. That is particularly important as it will allow Network Rail and the Environment Agency to plan for the future, and it is clearly important that such planning be put in place now.

Why is it important that we plan now? It is important because, as many will be aware, this line has its own challenges, which are not new. They have been well rehearsed; indeed, the matter was last debated in 2006. The main challenge is this: as a coastal line, it is inevitably affected by erosion and a rise in sea level. The line follows 13 miles of tidal water, four of which are aligned with or cross open sea. The Met Office prediction is that sea levels will rise by 0.32 metres over the next 100 years. That may seem a lot, and we need to plan now because of the consequences.

Another factor needs to be taken into account. The Minister may know that the UK is on a tilt: the south-west is tipping into the sea, and the north-east is going the other way and rising out of the sea. As a consequence, the south-west is sinking by between 5 mm and 10 mm a decade. We need to consider what has to be done sooner rather than later.

I have discussed the problem with Network Rail, the body responsible for maintaining the line. It is more than happy—it believes that it is viable—to continue investing £500,000 a year to ensure that the sea wall remains rugged and fit for purpose. However, when looking forward to 2025, it believes that more investment will be required. If we are to make that further investment, we need to consider its quantum and what sort of disruption would be caused to local businesses, tourists and commuters, as we need to manage the process in a sensible way.

In my discussions, I have discovered two problem areas. One is in Dawlish Warren, where there has been consistent erosion; the sand has moved, to the benefit of Exminster and the detriment of Dawlish Warren. The Environment Agency’s position is that we can hold the line, but come 2025 it believes that managed realignment will be needed. What will happen then, and what will the cost be? The second difficult area is Powderham bank. As the sea level rises there, the wetland will begin to disappear. We need to ensure that we still have the wetland, with its birds and wildlife, which means we will have to create a causeway for the railway line. The appropriate spot for that is Powderham bank, but significant engineering problems and costs will need to be evaluated.

We need a shoreline management plan, and the Environment Agency is responsible for ensuring that it is in place. As expected, it has developed an overarching coastline strategy. It has been diligent in renewing groynes and gabion defences. Recently the Environment Agency spent £100,000 on emergency repairs and, as we speak, is considering putting sand deposits on to Dawlish Warren to deal with the erosion problem. However, there is a challenge in getting agreement between all the interested stakeholders in Shoreline Management Plan 2, as it is called. That plan was discussed before the election, and was put on hold as we moved towards the election. Post-election, it is to be re-visited. There is a meeting in two weeks’ time of the western structure team, at which Teignbridge district council, the Environment Agency, English Heritage, the Countryside Council—indeed, all parties—will be present. My concern is that at that meeting there needs to be a real focus on what the priorities should be. That is why I would like the Minister’s assurance that the priority is to ensure that line continues to run.

Therefore, I am looking for three things: a statement on the Government’s behalf that it is their priority to keep the line running; confirmation that there is no plan to resurrect a debate about the alternative inland route at a cost of £100 million; and for the Minister and the Government to direct Network Rail and the Environment Agency to work together to find a way forward, putting this route and its long-term viability and infrastructure at the heart of the plan going forward. I might be so bold as to suggest to the Minister a time line, because I am conscious that with a plan and a time line, we will have a result. I suggest that in the rail regulatory period 5, running 2009-14, the Minister propose that the group look at putting in place a proper plan and implementing proper consultation, because the changes required in 2025 will have significant local implications. I then suggest that during rail regulatory periods 6 and 7, which run from 2015-24, we look at the design and the building of the work that needs to be put through. The Minister will already be well aware that the Government are committed to a high-speed train between London and Torbay; indeed, that starts next month. I hope that, given that commitment, I and others can expect support for this line. Otherwise, it will be a wasted investment.

In conclusion, I want to make clear on behalf of my constituents and those of adjoining constituencies how important this line is to the local economy of Devon and Cornwall and to the south-west in general. I make my case to the Minister on our constituents’ behalf that this line needs to be protected and to have continued investment. We need confirmation that this is a priority line that will receive direction from the Government and, where relevant, funding.

Transport (Investment)

Anne Marie Morris Excerpts

Tuesday 26th October 2010 Commons Chamber

[Mr Hammond]

I understand that my ministerial colleagues are aware of the scheme to which the hon. Gentleman refers and are actively looking at it, but it is the Supertram additional vehicles scheme that has been included in the development pool. If it is clear that there are synergies from linking this scheme to another scheme, it makes sense to examine that. I want to be pragmatic. If we can save money, I would certainly like to look at the opportunities to do so.

[Anne Marie Morris (Newton Abbot) (Con)]

Although I am delighted to see that so many schemes have been approved for Devon, I know that my constituents and those in Totnes and Torbay will be disappointed that the Kingskerswell bypass is only in the pre-qualification pool, because the value for money is not clear. Will the Minister meet me and representatives of the other two constituencies and Devon county council to go through the criteria that the Treasury and the Department for Transport have set out, so that we can understand why value for money is not clear and make the right representations?

[Mr Hammond]

My hon. Friend might have slightly misunderstood the pre-qualification pool. It is not that the Kingskerswell bypass does not meet the value for money criteria; it is that the Department does not have an up-to-date appraisal of the scheme. It will therefore now carry out a rapid assessment in which value for money will be one of the primary considerations. There will be opportunities for her local authority to engage with officials in the Department—I am sure they are already engaged. I know that she has had discussions already with my the Under-Secretary, my hon. Friend the Member for Lewes (Norman Baker), and I am sure he would be happy to have further discussions with her.

Railway Industry

Anne Marie Morris Excerpts

Tuesday 19th October 2010 Westminster Hall

[Anne Marie Morris (Newton Abbot) (Con)]

I am delighted to have the opportunity to speak on this important matter, and I thank the hon. Member for North Ayrshire and Arran (Katy Clark) for securing the debate. Railways are a key part of our infrastructure, and if we are serious about global warming, investment in them is key. Today, however, I would like to focus on the challenge I face in my constituency. We have a delightful coastal railway—it starts in Exeter and terminates in Plymouth—running through Starcross, Dawlish, Teignmouth and Newton Abbot in my constituency. It is probably one of the most beautiful parts of the railway network and has been photographed countless times. More importantly, it is a lifeline for my local community, providing jobs and transport.

The records that I have been able to review show that 2 million people used that part of the network in the past 12 months. The local economy is heavily dependent on tourism. Devon as a whole had 5.3 million visitors in the past year, and those tourists are responsible for 7% of Devon’s economy. My constituency is in the district of Teignbridge, where tourism is critically important; it is the second most visited district in Devon. A third of the workers in Teignbridge—16,000 people—depend on tourism for their jobs. I urge the Minister to consider how important that stretch of railway is, not only because it is beautiful, but because it really matters to the economic viability of that part of the country.

[Mr Gregory Campbell (East Londonderry) (DUP)]

The hon. Lady outlines accurately some of the benefits that railway provision can bring, particularly to areas that require tourism infrastructure, such as my constituency and hers. Does she agree that simple investment in railways, such as the passing loop system, which does not exist on single-lane tracks in my constituency and might not in hers, can help to build the tourist infrastructure to which she alluded and make the switch from private cars to railways so much easier?

[Anne Marie Morris]

I thank the hon. Gentleman for his contribution. I do not claim to be an expert in railway loops, but the most important thing is to ensure that we have viable railway networks at an appropriate and affordable cost, which is something the Minister is best placed to look at.

My concern about the stretch of the railway network in my constituency is that there were suggestions during the last Parliament that it is not worth maintaining it and that we should instead consider an inland route. That proposal was made because the line, which is on the coast, is subject to coastal erosion. Clearly that is a concern, but given the work that was done during the last Parliament, I think that we all agree that maintaining the existing line was economically the right answer, despite the coastal erosion.

The House of Commons inquiry came up with the figure of £100 million to put in a new line. By comparison, I have been able to unearth a figure of £200,000 to maintain that stretch of railway. On the concern about erosion, the latest studies show that we are looking at a relatively safe period over the next 50 years. The expectation is that there will be a 0.3 metre rise in sea levels in the next 100 years which, while important, should not detract from the viability of maintaining this piece of track.

I would also draw to the Minister’s attention the fact that usage of this railway line is one of the fastest growing in the country; it is anticipated that it will grow by 19% over this and next year. It is obvious that the more we invest in maintaining pieces of railway, the less dependence there will be on cars. In rural parts of the country such as mine, there is already significant dependence on cars, so this line makes an important contribution. I urge the Minister to look carefully at the line and at continuing investment in it. The last conversations that I had with First Great Western and Network Rail indicated that there was no intention of reducing investment, but I would be grateful if the Minister looked into that.

My final question, which is related but of more national import, is about rolling stock. The trains that come down my piece of railway line are very full. I understand that, under the previous Government, obtaining new rolling stock was very much down to the Government, who controlled what rolling stock train operating companies could acquire. That put a straitjacket on the proper commercial operation of those businesses, and I would be grateful if the Minister looked at loosening that stranglehold so that companies can make sensible commercial decisions. Hopefully there will be sensible use of rolling stock down the line.

Private Car Parks

Anne Marie Morris Excerpts

Tuesday 14th September 2010 Westminster Hall

[Henry Smith]

The hon. Gentleman is absolutely right. The strange practice of making the demand for payment look like an official ticket and the threatening nature of the letters mean that many elderly constituents become concerned and are essentially intimidated into paying the fines. Other people are worried that their credit rating will be damaged if they do not pay the fine, as that is often used as a threat.

[Anne Marie Morris (Newton Abbot) (Con)]

I thank my hon. Friend for bringing this crucial matter to the House’s attention. I suspect that every Member present has received complaints from constituents on the subject. He is absolutely right that a vehicle need be only a millimetre over a white line for the enforcement to be draconian and rapid. My point, which reinforces what the hon. Member for Ceredigion (Mr Williams) said, is that the fines are pursued very aggressively. The time limits and the rates at which the fines increase are such that the average householder is unable to work out whether the claim is justified and then sort out payment. More interestingly, once a fine is hiked up to the top figure—

[Mr Charles Walker (in the Chair)]

Order. This is an intervention.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Transport (Norman Baker)]

I congratulate my hon. Friend the Member for Crawley (Henry Smith) on securing this debate on consumer protection—in effect, that is what it is—for users of private land. I also congratulate him for the first time officially on his election. He had a good reputation as leader of West Sussex county council, and I hope he carries it through in this House, as I am confident he will.

This issue can be controversial and, understandably, can raise strong emotions. I note the contributions of support from my hon. Friends the Members for Ceredigion (Mr Williams), for Newton Abbot (Anne Marie Morris), for Dartford (Gareth Johnson), for St Ives (Andrew George) and for Camborne and Redruth (George Eustice).

Off-street land accounts for a significant proportion of the space that is allocated for parking in England, and highway authorities have a statutory duty to manage the traffic network to ensure the expeditious movement of traffic, as required under the Traffic Management Act 2004. Off-street land may be in the ownership of and managed by the local authority, or it may be in private ownership. As my hon. Friend the Member for Crawley said, off-street parking on private land has caused more controversy than that on public land.

The owners of private land are entitled to decide who may or may not park on their land, and the terms and conditions on which that land may be used. For example, national health service organisations have autonomy to make decisions that best suit their local circumstances, and private land may include land controlled by public bodies for the purpose of the point made by my hon. Friend. We uphold the right of landowners to limit and to control who parks on their land, but it is important that those who want to park there are aware of the status of the land, the terms that apply and any penalties that might flow from contravening those terms. It is also important that any penalties are appropriate and proportionate.

One option open to landowners who wish to limit use of their land for parking purposes is to use gates or barriers, which are relatively inexpensive to install and probably one of the simplest and most effective ways for landowners to manage use of their land. Barriers can either prevent access entirely or ensure that a charge for parking there can be collected. They also have the advantage of making it absolutely clear to motorists where they may or may not park.

However, in other areas it may not be so clear to the motorist that land is not available for parking by anyone, or they may believe that they can park with impunity. I am told that it is not unknown for motorists to park outside the kiosk at a petrol station while nipping off to transact business elsewhere. Clearly that is not acceptable, and landowners are entitled to deal with the problem. Motorists parking on private land allocated for that purpose have the protection of the Government's consumer legislation. Exactly what that protection comprises will, of course, depend on circumstances, and it is for trading standards officers to decide whether the circumstances merit action being taken.

Consumer protection legislation includes legal safeguards enabling motorists to seek legal redress if they have been unfairly penalised for parking on private land. For example, if signs or price indication about a service are misleading, or if information about high charges is available only when motorists have entered the car park and they cannot exit without paying, they may raise the matter with their local trading standards officer. In response to a point raised by my hon. Friend the Member for Crawley, trading standards officers may also be interested in aggressive letters that are sent to individuals. Aggressive debt collection is an offence, and may result in action by trading standards officers. I am aware of constituents who have been frightened into paying because of the threat that the sum may double and because the tone of letters is so threatening that they feel obliged to pay. That cannot be satisfactory.

Marketing information to promote the supply of parking services that is given to consumers at the entrance to the land or elsewhere is likely to be a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008. If such information is misleading or aggressive, or unfair in other ways, it may be prohibited under those regulations, which are enforced by trading standards officers or the Office of Fair Trading by way of injunctions and through the criminal law.

If a motorist decides to park in a car park and buys a pay-and-display or similar ticket, it is likely that a contract is established and that some or all the information on a notice at the entrance or elsewhere setting out the terms under which parking services are offered may become the terms of the contract in law. If the motorist contends that a term is unfair, the Unfair Terms in Consumer Contracts Regulations 1999 may be relevant. Those regulations provide that unfair terms are not binding on consumers, and trading standards officers and the Office of Fair Trading may wish to take action.

The Consumer Protection from Unfair Trading Regulations 2008 deal with misleading signs. There may be an offence under regulation 6 if material information is hidden or provided in a way that is unclear, unintelligible, ambiguous or untimely, or if it is omitted. That may apply if signs cannot easily be seen or read for any reason, but must be material and likely to affect the decision making of the average consumer—in this case, the motorist.

If parking charges cannot easily be seen before entry and the information relating to them is placed, for example, much higher than the motorist would reasonably expect, and the motorist cannot exit the car park without paying, that may constitute an offence, but it is less likely to be an offence if the motorist can easily exit without paying when they have seen the charges and if they decide not to park, or if the charges are around what the consumer would reasonably expect. That is because it is unlikely that the motorist’s decision is affected by the omission.

[Anne Marie Morris]

Will the Minister give way?

[Norman Baker]

If my hon. Friend will forgive me, I was left with only 12 minutes in which to respond and I want to answer the points that were raised. If I find some space later, I will give way to her.

Owners of private land will often want recourse to the Driver and Vehicle Licensing Agency to secure information about vehicle ownership. DVLA policy is to ensure that organisations such as private car parking operators are subject to adequate controls and safeguards before disclosing personal data about vehicle keepers. To safeguard the release of information from DVLA’s vehicle record, the agency requires parking enforcement companies to be a member of an accredited trade association. To retain membership of such an ATA, the company must abide by its code of practice to promote fair treatment of motorists. Car parking operators who do not comply will face expulsion from the ATA and will not be able to access personal data in the course of their business.

So far, the British Parking Association is the only relevant ATA for the parking industry, and all members must comply with its code of practice, which covers, among other things, requirements for signage and methods of contact with motorists. The BPA’S code of practice provides that there must be signs that show in plain and intelligible language all the terms on which an operator may wish to rely. Signs must be placed at the entrance to the car park, and there must be adequate signage placed in other locations throughout the car parking area so that motorists are aware of the risk involved at the time of parking or leaving the vehicle.

The code of practice sets out the information that must be included on a ticket. That includes the parking operator’s registered company name and, if the operator is using a trading name other than its registered company name, a geographical address where documents may be served, as well as details of all other communication methods, including a phone number or non-mechanical contact point by which motorists may challenge a parking ticket. Parking operators are encouraged to provide an e-mail or website address.

One condition of membership of the BPA is that the company has a complaints procedure that enables motorists to challenge any ticket that they believe was not merited. This year, the BPA will launch an independent body to consider cases in which a motorist is unhappy with the way that a company has dealt with a complaint, and it will be mandatory for parking companies to abide by the decisions of that body. Those that do not, without good reason, will be expelled from the BPA and will no longer be able to enforce parking restrictions on their land with the use of vehicle keeper data from DVLA. As my hon. Friends the Members for Crawley and for St Ives said, that relies on effective self-regulation by the parking industry, and we are prepared to see whether that works but we reserve the right to take further action if it does not. I note that two companies have already been expelled since the approved operator scheme was set up in October 2007, so it seems that the BPA recognises that self-regulation must not be toothless.

I turn to the suggestion that local authorities might license private sector car parks. Powers exist to enable that to be done, but it is wholly a matter for local authorities, such as West Sussex county council, to decide whether to do so. Section 44 of the Road Traffic Regulation Act 1984 enables the provision of an Order in Council to enable the operation of public off-street parking places to be regulated in England and Wales by the county council. My hon. Friend the Member for Crawley may have been unaware of that when he was leader of that august body. The Government would be willing, in principle, to consider that if a county council sought it. My officials tell me that they are not aware of any such order ever having been sought by a county council.

Not only are powers available to local authorities to regulate off-street parking, but they may also, with the agreement of the landowner, take over operation and enforcement on that land. For many landowners, particularly public bodies, such as hospitals and educational establishments, local authority enforcement using the Traffic Management Act 2004, with its strong regulated framework, may be an attractive option, which enhances public accountability, but a local authority cannot force a landowner to take on that responsibility, nor can a landowner force a local authority to do it. There must be a willing partnership on both sides.

I assure hon. Members that the Government are very aware of public concern about the enforcement practices adopted by some companies operating private car parks, including unreasonable behaviour and excessive additional charges. As set out in the coalition agreement, the Government are committed to banning unacceptable wheel clamping on private land and I hope that my hon. Friend saw the Home Office’s welcome announcement last month taking that forward.

We are working with the industry to ensure that the legislation is introduced smoothly and effectively, and can come into force as soon as possible. Apart from tackling outrageous and unacceptable behaviour by some clamping companies, that will help to improve the image of the private parking industry, which works well overall but has been tarnished by such behaviour and the actions of some companies. We are working with the industry to improve working practices, and to encourage compliance with relevant codes of practice.

[Anne Marie Morris]

I am delighted to hear that there are so many remedies. My only comment is that one must be a lawyer rather than an average driver to take advantage of them. Something should be done to make them more public.

Transport (South Devon)

Anne Marie Morris Excerpts

Wednesday 9th June 2010 Westminster Hall

[Mr Adrian Sanders (Torbay) (LD)]

There are many reasons why the people of south Devon, and of Torbay in particular, need better transport links. Coach, rail, sea, cycle and road vehicle transport all suffer from under-investment. Our main transport link with the motorway network is the A380, which is dualled between Telegraph Hill and the Penn Inn roundabout, and is then single lane between Newton Abbot and Torbay.

Torbay is the 40th largest urban conurbation in the country, and the only settlement of such a size with a single carriageway link road to the trunk road system. The resident population increases by 50% during the summer peak with the influx of holidaymakers. Many arrive in the area frustrated and angry as their inward journey is marred by congestion and delay between Newton Abbot and Torbay, and many leave early as a result. Torbay relies heavily on tourism for its livelihood and future prosperity. Its economy is one of the most difficult in the country, with the widest gulf between average earnings and house prices and some of the worst wards in the country in relation to indices of social deprivation. A recent shocking statistic is that 40% of Torbay’s children are now brought up in households living below the official poverty line. Reviving Torbay’s economy, therefore, needs to be at the centre of everything that the Government and the local authority do.

Research has shown that our biggest single drawback is our lack of connectivity, which is a serious disincentive to inward investment and a blight on regeneration. The south Devon link road, or Kingskerswell bypass, is vital to overcoming that problem. It will overcome many local problems of congestion, pollution and rat-running, thus creating a more sustainable quality of environment.

Torbay council and Devon county council have worked together to promote the scheme, and have so far committed some £6 million to achieve the necessary consents and funding. Both councils see the road as one of their highest priorities. The scheme is ready to proceed as soon as the funding is made available by the Department for Transport: there is a valid planning consent, the land acquisition and side-road orders have been served, and a public inquiry was held in October 2009 to hear objections. The inspectors’ report should have been, or will shortly be, presented to the Minister for confirmation.

The two councils have put the project out to tender and agreed on one bidder who has met all the quality criteria and, importantly, is within budget. Subject to funding and confirmation of orders, we are ready to start in the autumn. The cost of the scheme is £130 million, and the first spend of £8 million is anticipated in 2010-11 in accordance with the regional funding allocation. The road remains a top priority in the region. The application for full funding approval has been submitted to the DFT, and discussions with officials indicate there are no technical shortcomings in the submission. Perhaps the Minister can confirm that.

The history of the project has been fraught with delays and can be traced back to the early 1950s—to well before I was born. I cannot imagine any area the size of Torbay that has had to wait as long for a proper link to the country’s main road network. In 1951-52, a dualled carriageway was first included in the Devon country development plan. By 1959, a public inquiry had determined the actual line of the proposed road, but then Devon county council sought to change the proposed line and suggested an alternative route. In 1974, a revised three-lane dualled carriageway plan was suggested by the outgoing Devon county council. By 1976, having completed stage 1 of the Torbay ring road, the highways authority made a submission to the Department for Transport for the trunking of the A380 road in its entirety.

In 1976, at the end of another public consultation, Devon county council announced its preferred route. In 1981-82, the county council submitted its preferred route to the Department for Transport, with an application for 100% grant aid funding. In 1987, a public exhibition was held, following which an updated submission for grant aid was made together with a revised submission for the trunking of the A380 from Exeter through to Torquay.

In 1989, a Government White Paper entitled “Roads for Prosperity” included the trunking of the A380 between Exeter and Torquay together with the proposed £26 million scheme to dual a new two-lane carriageway. In 1990, a traffic survey on best value and an audit had to be carried out before the proposed scheme could go forward to draft order stage. In 1994, another national report, entitled “Trunk Roads in England Review”, was issued by the Department for Transport. It still included a proposed Kingskerswell bypass as a priority scheme in the national list.

In 1995, the Government announced that they would not be able to keep their commitment to the trunk road programme, and in a report entitled “Managing the Trunk Road Programme” the A380 was dropped from the priority list and transferred to the longer-term programme for the trunking of roads. In 1996, the Government de-trunked the A380 and transferred responsibility to Devon county council. In 1997, Labour won the general election, all road building was put on hold and it was decreed that existing infrastructure had to be exhausted before a new road could be considered. Two years later, the no-roads policy statement was reversed with an announcement by the then Deputy Prime Minister.

There have been at least three significant historical changes determining the decision-making process and the financing of roads since then. There have also been a couple of self-inflicted delays resulting from local government reorganisation: in 2003, Torbay left Devon to become a unitary authority, and in 2005 Torbay voted to have an elected mayor. None the less, most of the delay has been well beyond our local control. The road should have been built by now and should be playing its part as our route out of recession. At worst, it should be under construction, with the prospect locally of better times ahead; but it is not and now we hear there may be yet another review. Will my hon. Friend the Minister tell me how many projects are being reviewed and what their total value is? How much will the Department want to cut from this total, and will priority be given to schemes that are more advanced?

[Anne Marie Morris (Newton Abbot) (Con)]

I should like to add my support to this scheme, because the road in question, the A380, passes through my constituency of Newton Abbot. Indeed, Kingskerswell bypass is in my constituency. Having this road would significantly improve the lives of my constituents in economic terms. Moreover, it is a key road and a key artery between Torbay hospital and my constituency, and many of the plans the primary care trust has made are predicated on the existence of that bypass.

[Mr Sanders]

The hon. Lady makes a very powerful point on behalf of her constituents and those across south Devon.

Let me turn to other forms of transport that impact on south Devon’s economy and quality of life. Three years ago, the last Labour Government promised an additional 1,300 carriages across the country, of which 647 have already been brought in or are on order. The remainder have now been put on ice, after the Department for Transport was told to slash £683 million from its budget as part of a raft of in-year savings totalling £6.2 billion. Of the 1,300 carriages, First Great Western was due to receive 52, but only 12 of those were destined for services in the south-west. Their future was threatened when the Transport Secretary said that each project must be rigorously re-assessed to ensure that it offers value for money for taxpayers. Under the previous Government, the plans for new carriages had been delayed and mired in review following the announcement of the electrification of the main line between London and Swansea. There is uncertainty over the allocation of new rolling stock. What is the status of the carriages promised to First Great Western in the south-west, and where should representations be made to argue the case in favour of providing extra rolling stock? What is the Government’s overall strategy for railways in the south-west, and do they still consider Torquay and Paignton to be mainline train stations?

Finally on rail, the introduction of fast train services from Paddington to Paignton via Westbury rather than Bristol is good, but will more services be forthcoming?

--- Later in debate ---

[Anne Marie Morris]

Although speed is clearly crucial for my constituents, through whose area this railway passes as it runs down the coast, we absolutely need this railway for tourism. There has been a lot of concern in the constituency that the money to support the line, which I know is one of the most expensive lines in the country to maintain, will not be forthcoming. I would be grateful if the Minister considered the issue of tourism, and therefore the impact on the local economy, when he makes decisions about money being invested in that particular railway line.

[Norman Baker]

I should say that decisions on rail investment are not for me to make in my particular portfolio. However, I can say that the Government are entirely seized of the importance of tourism to the south-west and that that factor will be taken into account in making any decisions about transport infrastructure and any other issues relating to Government investment.

The new train service that I referred to will allow business passengers to travel from London and do a full day’s business in Torbay, as well as cater for people on holiday who prefer not to change trains, which was the point that the hon. Member for Newton Abbot made.

Rolling stock was also raised by my hon. Friend the Member for Torbay. As far as that is concerned, the Department for Transport has recently signed a deed of amendment with First Great Western. That ensures that there will be ongoing funding for 30 vehicles that would otherwise cease to be funded by First Great Western itself. I hope that he will accept that that is good news for the rolling stock for the area.

The Government want to see rail prosper and we certainly value the rail links to the south-west. We do not have individual strategies for each part of the country, but the strategy for the network as a whole is set out in the Department for Transport’s high level output specification document. It is focused on improvements in safety and performance, and, crucially, on providing more capacity.

We made it clear in the coalition agreement that we will grant longer rail franchises, giving train operators more incentive to invest in better services, rolling stock, stations and perhaps even enhancements to the network. We want a better deal for passengers, with fair pricing for rail travel and the rail regulator as a powerful passenger champion. We also want to see Network Rail being made more accountable to its customers, both the train companies and—frankly—ultimately the public at large.

Given the upcoming spending review, we are unable to commit today to any further immediate improvements to rail services elsewhere in the south Devon area. However, we will monitor the current usage of rail services and re-evaluate them in the light of the emerging financial situation.

My hon. Friend is also concerned about the road network. I acknowledge the importance that he and others attach to the A380 Kingskerswell bypass scheme, also known as the south Devon link road, and his strong view that it is key to supporting the regeneration of Torbay and the surrounding area. I also note the scheme’s long history; it goes back to 1951, which is, I think, before either of us was born.

The scheme’s promoters—Devon and Torbay county councils, with the support of the other councils to which hon. Members have referred—have made the case for the bypass to the Department. As my hon. Friend acknowledged, progress is well advanced. The view expressed is that the A380 is an important link to south Devon and that the congestion between Penn Inn and Kerswell Gardens affects the business and commercial needs of Torbay throughout the year, as well as the tourist trade in summer.

I understand that the promoters have developed the scheme in recent years on the strength of the priority given to it by the previous Government within their regional funding allocation process. However, any new Government will naturally have their own views on which major schemes should be supported by Government funding, and I am afraid that we will need to consider the scheme in the light of the tough spending review to come. After the public inquiry in July 2009, as my hon. Friend knows, an inspector’s report on the scheme orders was submitted to the Secretary of State for a decision. Given the current uncertainty about funding, we must consider such decisions carefully and will be making a statement on the subject shortly.

It should also be acknowledged that considerable opposition exists alongside the local and regional support for the scheme, as my hon. Friend acknowledged. I am sure that he is aware that several well-organised campaign groups have expressed opposition, including the Campaign for Better Transport, the Campaign to Protect Rural England and the Kingskerswell Alliance, which is made up of residents of Newton Abbot and Kingskerswell. Those groups believe that Devon and Torbay should be considering more sustainable alternatives that have less impact on the environment.