Deregulation Bill
Bill Wiggin Excerpts(10 years, 5 months ago)
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Tom Brake
That depends on how local authorities respond. If they use traffic wardens, there is no reason why what the hon. Gentleman has suggested will happen. He suggested that a national register is needed. I do not know whether he has investigated that and can demonstrate that it would increase safety and what the associated price tag might be. Of course, the Bill is about deregulation, not, as he would like, more regulation.
The hon. Member for Hyndburn (Graham Jones) talked about our taxi policy opening the door to criminality, and I dispute that anything we are introducing would do so. He made that comment without backing it up with any evidence. He referred at some length to subcontracting, which we have dealt with. He wants taxis of a good standard; so do we, and that is what the licensing regime is for.
I think that I have dealt with all the points made, and I simply conclude my remarks by urging the Opposition not to press their amendments.
Question put and agreed to.
New clause 4 accordingly read a Second time, and added to the Bill.
New Clause 25
Civil penalties for parking contraventions: enforcement
‘(1) Part 6 of the Traffic Management Act 2004 (civil enforcement of traffic contraventions) is amended as follows.
(2) After section 78 (notification of penalty charge) insert—
“78A Notification of penalty charge: parking contraventions in England
(1) Regulations under section 78 must include provision requiring notification of a penalty charge to be given by a notice affixed to the vehicle where the charge is in respect of a parking contravention on a road in a civil enforcement area in England.
(2) The regulations may, however, provide that the requirement does not apply in circumstances specified in the regulations (which may be framed by reference to the type of contravention, the circumstances in which a contravention occurs or in any other way) and, where the regulations so provide, they may make any such alternative provision for notification as is authorised by section 78.”
(3) After section 87 insert—
“87A Power to prohibit use of devices etc: parking contraventions in England
(1) The Secretary of State may by regulations make provision to prohibit the use by civil enforcement officers of a device of a description specified in the regulations, or of records produced by such a device, in connection with the enforcement of parking contraventions on a road in a civil enforcement area in England.
(2) The prohibition may be—
(a) general, or
(b) limited to particular uses specified in the regulations.
(3) The regulations may provide that a general or limited prohibition does not apply in circumstances specified in the regulations (which may be framed by reference to the type of contravention, the circumstances in which a contravention occurs or in any other way).
(4) Regulations under this section may amend this Part or any provision made under it.”’—(Tom Brake.)
This new clause deals with the enforcement of parking contraventions in England under Part 6 of the Traffic Management Act 2004. It provides that, subject to certain exceptions, regulations under section 78 must provide for notification of a penalty charge to be given by a notice affixed to the vehicle (which means that a civil enforcement officer must be present to affix the notice). It also confers a power which would enable regulations to be made to restrict the use of CCTV or other devices in parking enforcement.
Brought up, read the First and Second time, and added to the Bill.
New Clause 15
Footpaths: provisions to stop up or divert due to privacy, safety or security
‘(1) The Highways Act 1980 is amended as follows.
(2) In section 118 (Stopping up of footpaths, birdleways and restricted byways), in subsection (1) after “on the ground that it is not needed for public use”, insert “or the public need could reasonably be provided by an alternative public right of way or highway nearby”.
(3) After subsection (1) insert—
“(1A) When making a determination under subsection (1A) the council and Secretary of State shall have regard to the presumption that footpaths should not pass through farmyards, gardens, commercial premises or other land where privacy, safety or security are an issue.”.
(4) In section 119 (Diversion of footpaths, bridleways and restricted byways), subsection (6A) after “a public right of way,”, insert “, and the presumption that paths should not pass through farmyards, commercial areas, gardens or other land where privacy, safety or security is an issue.”’—(Bill Wiggin.)
Brought up, and read the First time.
Bill Wiggin (North Herefordshire) (Con)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Dame Dawn Primarolo)
With this it will be convenient to discuss the following:
New clause 17—Presumed diversion of intrusive public rights of way in limited circumstances—
‘In section 119 of the Highways Act 1980, after subsection (6A), insert—
“(6B) Where a path or way passes through the curtilage of a residential dwelling including the gardens and driveways of the premises, a working farmyard or forestry yard or other operational business or working industrial premises—
(a) subsections (6) and (6A) above shall not apply; and
(b) the Secretary of State or council shall confirm a public path diversion order unless he, or as the case may be, they are satisfied that the privacy, safety or security of the premises are not adversely affected by the existence or use of the path.
(6C) Where the premises have been unlawfully extended to encompass the path or way subsection (6B) above do not apply.
(6D) In exercising the powers under this section, the Secretary of State and the council shall have particular regard to the presumption that public rights of way or highways should not pass through the curtilage of residential premises including the gardens and driveways of the premises, a working farmyard or forestry yard or other operational business or working industrial premises.”’
This new Clause will facilitate statutory guidance to allow for the diversion of rights of way that pass through domestic or business premises on the grounds of privacy, safety or security.
New clause 18—Presumed extinguishment of intrusive public rights of way in limited circumstances—
‘In section 118 of the Highways Act 1980, after subsection (6), insert—
“(6A) Where a path or way passes through the curtilage of a residential dwelling including the gardens and driveways of the premises, a working farmyard or forestry yard or other operational business or working industrial premises a council shall make and the Secretary of State or the council shall confirm an order stopping up a path or way unless he, or as the case may be, they are satisfied that—
(a) the privacy, safety or security of the premises are not adversely affected by the existence or use of the path; or
(b) it is possible to divert the path or way such that the privacy, safety or security of the premises are not adversely affected by the existence or use of the path; or
(c) the path or way provides access to a vital local service or amenity not otherwise reasonably accessible.
(6B) In exercising the powers under this section, the Secretary of State and the council shall have particular regard to the presumption that public rights of way or highways should not pass through the curtilage of residential premises including the gardens and driveways of the premises, a working farmyard or forestry yard or other operational business or working industrial premises.”’
This new Clause will facilitate statutory guidance to allow for the extinguishment of rights of way that pass through domestic or business premises on the grounds of privacy, safety or security if a diversion is not possible and the right of way does not provide access to a vital local service or amenity not otherwise accessible.
New clause 19—Presumed extinguishment of intrusive byways open to all traffic in limited circumstances—
‘In section 116 of the Highways Act 1980, after subsection (1), insert—
“(1A) Where a byway open to all traffic passes through the curtilage of a residential dwelling including the gardens and driveways of the premises, a working farmyard or forestry yard or other operational business or working industrial premises it is presumed that diversion of the highway so that it does not so pass will make the path more commodious and that the highway is unnecessary unless the court is satisfied that—
(a) the privacy, safety or security of the premises are not adversely affected by the existence or use of the path; or
(b) the path or way provides access to a vital local service or amenity not otherwise reasonably accessible.
(1B) In exercising the powers under this section, the authority and the court shall have particular regard to the presumption that a byway open to all traffic should not pass through the curtilage of residential premises including the gardens and driveways of the premises, a working farmyard or forestry yard or other operational business or working industrial premises.
(1C) A “byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used mainly for the purposes for which footpaths and bridleways are so used.”.’
This new Clause would create a presumption that byways open to all traffic should be diverted so as to not pass through residential or business premises unless the byway does not impact on the privacy, safety or security of the premises, or provides access to a vital local service or amenity not otherwise accessible.
Bill Wiggin
I draw the House’s attention to my entry in the Register of Members’ Financial Interests.
New clause 15 is all about safety. I want to see a fall in the number of deaths that take place every year as a result of rural accidents, as I am sure does every Member. I am passionate about the safety of those who use the countryside. My recent ten-minute rule Bill proposed greater detail in the recording of agricultural accidents. After discussions with the Health and Safety Executive, I am delighted that my proposals have been accepted. I must thank the Minister of State, Department for Work and Pensions, my right hon. Friend the Member for Hemel Hempstead (Mike Penning) for his support in discussions with the HSE.
I believe, however, that further measures are necessary. As a farmer, I am alarmed at the risks created by footpaths passing through fields or farmyards. A 21st-century farm is dangerous. Equipment is often operated at higher speeds, is incredibly heavy and has risky blind spots. Livestock can be unpredictable, territorial and easily provoked, for instance by a dog. The death of Roger Freeman, caused—or not—by a Brown Swiss bull in 2010, and the subsequent negligence trial, has brought the issue back into the public eye. To quote a letter from the Ramblers to me,
“The case has really highlighted the necessity to re-examine legislation around bulls being kept in fields with footpaths.”
Recently, I have been contacted by two constituents who have been unable to fulfil their role as parish footpath officers, for fear of their safety on local footpaths. My constituents report being chased from routes by dairy cows. They were particularly harassed when accompanied by a dog and describe the cattle as “extremely persistent and worrying.” Nobody—neither walkers nor farmers—should be placed in a position where their safety is at risk.
Equally, farmers cannot be placed in a position of responsibility for the safety of walkers among livestock. No farmer can say with complete confidence that their cattle would always be 100% safe, including if, for example, they had been stung by a wasp. Farmers are therefore incredibly vulnerable to claims of negligence in accidents where the only evidence is from the victim or hearsay. This pressure can foster resentment against those who use footpaths, creating an atmosphere of walkers versus farmers. Such a division can only be unhelpful. The priority for all must be safety.
Traditional rights of way cannot be held to be a greater priority than the safety of those using them. The risks are very real: 24 people have been killed by cattle in the past four years. We cannot continue to turn a blind eye to the issue. The right to walk in the countryside does not mean the right to die walking. We must therefore be flexible and allow alterations of rights of way to favour safer routes. Common sense on this issue must prevail.
I must also raise deep concerns about privacy and security in the countryside. One of the great pleasures of the British countryside is that it is free to be enjoyed by all. In this day and age, however, the access provided by footpaths is at odds with society’s fear of strangers. The privacy and security of a family home is something we treasure, yet both of those values must be sacrificed by those who have a footpath running through their home or garden. A footpath allows strangers to come on to their property and close to their family at any hour of the day or night. The feeling of security in one’s home is a luxury that most people take for granted. An Englishman’s home may be his castle, but for those with a footpath through their property, there is no security behind their walls.
The desire to protect one’s privacy and security is entirely legitimate and rational. It is natural to be wary of strangers. In January, the Intrusive Footpaths campaign undertook a survey of home owners’ experiences of footpaths. The results present a shocking picture. The IFC found that footpaths through private property have been the cause of two suicides, 12 nervous breakdowns and numerous cases of financially crippling disputes. Families affected in this way should be supported by appropriate legislation, not abandoned to cope with the consequences.
Mr Brooks Newmark (Braintree) (Con)
I am listening to my hon. Friend, but Opposition Front Benchers are chuntering. Unfortunately, people who live in urban areas do not appreciate that people who live in rural areas have footpaths that go within 5 or 10 yards of their front doors. It puts enormous stress on people, particularly those who live by themselves, when strangers walk past their front door. Does my hon. Friend agree that it is important that the Minister takes note of the stresses put on families who feel that their privacy is being invaded? We are not talking about footpaths that are miles away from people’s front doors.
Bill Wiggin
My hon. Friend is right, and I am sure he will seek to catch your eye, Madam Deputy Speaker, and share his expertise with the House. The key thing for Opposition Members to remember is that we are talking about not rights of way, but people killing themselves, or being seriously hurt or injured. That is what we are trying to avoid. We are trying to make sure that every person who walks or works in the countryside is safe.
No one should feel besieged in their own home. Rights of way should not affect someone’s right to safety. I am therefore asking again for flexibility, as I fear that if privacy is not considered as reasonable grounds for safely altering a footpath, more people’s lives will be plagued by intrusion. Common sense must again prevail.
I read with interest the 2010 “Stepping Forward” report by Natural England’s stakeholder working group on unrecorded rights of way. Although the group did not address the safety and privacy of routes, I believe that my new clause is in the spirit of its recommendations. The report praised surveyors for taking use of land into account in footpath diversions. In its evidence to the Bill Committee in February, the group indicated that it has discussed diversions in greater depth since 2010. In her evidence, Sarah Slade of the Country Land and Business Association emphasised her support for making people’s lives easier through diversions. My new clause is a natural progression from the group’s recommendations. I strongly believe that all interested parties would regret missing this opportunity to ease the risks and conflicts created by footpaths.
The stakeholder group’s guidance, which I suspect the Government hope to make statutory, will not overrule the tests that determine changes to footpath routes, so it is not equal to the task in hand. Nor will it deal with the standard objection of—please forgive the wording—“not substantially less convenient”, which is the excuse given when a footpath may be a few metres longer than it was previously. New statutory guidance may therefore help, but it will not solve the problem.
Bob Stewart
Obviously, I am no expert, and I am listening very carefully to what my hon. Friend says, but is there no way in which a public right of way could be changed as things stand, or do we have to legislate for that?
Bill Wiggin
There is a way in which a change can be made at minimal cost, but if there is a single objection, the balance of favour, as it were, goes against the owner of the property. Additionally, the process can cost a vast amount. What makes me sad is that this should be not a fight between the landowner and the person objecting—the walker or whoever it might be—but about safety. If people think that a route can be better, we should make it as straightforward as possible to achieve that.
Chi Onwurah
This is all about individuals’ rights to walk on private property, just as I walked over the Duke of Northumberland’s land yesterday. I do not want to belittle or trivialise cases in which property owners experience significant stress, but there are already powers that permit landowners and land managers to apply to a local authority to make an order to divert or close a public path that crosses their land, so additional legislation is not required.
Chi Onwurah
I know that other hon. Members wish to speak, but I give way to the hon. Gentleman.
Bill Wiggin
Will the hon. Lady tell us her party’s proposals to ensure that the family of Roger Freeman know that no other family will suffer the pain and misery that they have been through?
Chi Onwurah
The Bill’s measures on this subject derive from the Natural England stakeholder working group. I think that the hon. Gentleman would agree that finding a consensus between users, landowners and local authorities, and between Ramblers and the Country Land and Business Association, is such an achievement that it should not be jeopardised. If he wants further proposals to be brought forward, he should work with the stakeholder working group to deliver consensus on them. It is imperative that the measures agreed by the working group are implemented as soon as possible. We do not want them to be jeopardised by the new clauses in the group, especially because those new clauses raise several important questions. For example, who would decide that a public right of way was intrusive? Why are the measures necessary when there are already powers that permit landowners to apply to a local authority, as I set out? Who would define what “limited circumstances” were?
A presumption in favour of a diversion would take powers away from local authorities and reduce the ability of communities to have a say. Is this in accordance with the localism agenda, which I thought all Members on the Government Benches agreed with? Local communities, through their local councils, should have the ability to shape their local area. We should support the rights of all to access the countryside and to maintain existing rights of way, especially as the local countryside offers our citizens benefits in terms of health, exercise and mental well-being.
Tom Brake
Costs can be a significant issue, and the Government and local authorities will clearly want to ensure that they are kept to a minimum.
My hon. Friend the Member for North Herefordshire asked whether the guidance would be statutory. This is a deregulation Bill, the purpose of which is to minimise the statutory burden rather than increase it. We believe that the combined effect of the right to apply and the guidance will have the desired effect, and we should see how the measures work out in practice before seeking to add to the legislative burden.
A draft of the guidance has been deposited in the House Library. We recognise that it needs further refinement and it remains open for comment. The rights of way reforms will also give local authorities more scope to deal with objections themselves, rather than having to submit every opposed order to the Secretary of State as at present. We believe that the provisions will make a significant difference, and until we see how well the “right to apply” provisions work alongside the new guidance, making further legislation would be premature. The new clauses would create new regulation where it may prove to be unnecessary and create more problems than they resolve.
The issue of intrusive public rights of way is emotive. I can appreciate why it arouses strong feelings and why those affected feel so strongly that something needs to be done. While putting the terms of a presumption on the face of the Act might seem like a way of making sure something happens, it carries a high risk that the presumption will not work as intended and, unlike the guidance, it would not be possible readily to make changes in response to unforeseen circumstances or to take account of new developments.
As the draft guidance on diversions and extinguishments has been developed by the stakeholder working group, there is a strong consensus around it, which means that it is far more likely to be complied with. We welcome the fact that a new working group is likely to be set up through the Department for Environment, Food and Rural Affairs, which will look at some of the other complex issues, such as green lanes—another very difficult issue to which to find a consensual solution. We firmly believe that solutions arrived at in that way, based on agreement and mutual interest, will result in less conflict and less need for enforcement in the long run.
The proposed new clauses also do not strike the correct balance between public and private interests, which is critical to the agreement reached on the guidance by the stakeholder working group. Legislative solutions imposed without a consensus tend to result in more disputes and legal challenges and there is no stakeholder consensus around the legislative changes proposed here. The new clauses would be quite a fundamental change to the current legislative status quo, which should not be made in the absence of either public consultation or stakeholder agreement, so I regret that I must urge my hon. Friends not to press their amendments.
Bill Wiggin
I thank my right hon. Friend the Minister for his helpful and constructive comments; it is useful to know that the Government are looking at the risks. I also welcome the formation of a new working group. It does not come as a terribly big surprise that the Government are unwilling to accept new clause 15. However, on behalf of my hon. Friend the Member for Braintree (Mr Newmark), I thank the Minister for looking at our concerns seriously and promising to keep a watching brief on how things progress.
I say to the hon. Member for Newcastle upon Tyne Central (Chi Onwurah), who answered for the Labour party, that rights of way are of course emotive and vital, but keeping people alive is more important. Until Labour Members recognise that, they are not fit to be in government. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
Clause 10
Private hire vehicles: circumstances in which driver’s licence required
Amendment proposed: 61, page 7, line 22, leave out clause 10, clause 11 and clause 12.—(Mr Marsden.)
Electoral Registration and Administration Bill
Bill Wiggin Excerpts(11 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Chris Ruane
My electorate was even smaller than that of the hon. Lady’s constituency 10 years ago. The voter population in my constituency went down to as low as 47,000. It was only when I started to put pressure on, and following the professionalisation of the electoral registration officer in Denbighshire county council, that the number went from 47,000 to 57,000. I believe that there are even more unregistered people in the constituency.
The vast majority of the 6.5 million missing voters are in Labour constituencies. This is therefore a political act, and one that has come unstuck.
Bill Wiggin (North Herefordshire) (Con)
It has been said that
“political duty must be placed before private feeling.”
That was how James Rankin, the MP for Leominster, advised the House when the boundaries came up for review in 1884. He went on to say that the Prime Minister had
“appealed to the Members who sat for small boroughs not to be selfish”.—[Official Report, 28 April 1884; Vol. 287, c. 799.]
I agree with the then Prime Minister and my predecessor from long ago. Mr Rankin’s concern was for his constituency and the people whom he fought to represent. That is my concern now because, without wishing to get misty-eyed, after nearly 12 years, I am deeply fond of them.
Where we can all agree is on the principle of evening out the size of seats and ensuring that every vote carries equal value. In our last manifesto, we promised to champion a fairer system. It is only right that we try to make good that commitment. I do not think that everyone knows how grotesquely skewed the current state of affairs is. Some constituencies are almost double the size of others, meaning that their inhabitants are under-represented in elections and, subsequently, at Westminster. The overall balance is weighted heavily towards the Labour party. Labour Members know in their hearts that were it the other way around, they would be the first to call for realignment. Their opposition hardly befits a modern democracy.
Ironically, before the last boundary change, my constituency was about the right size numerically. It was close to the UK average of 76,641 voters. Yet that did not save it. That is where my problem lies.
Mr Tom Harris (Glasgow South) (Lab)
Perhaps my memory is failing me and the hon. Gentleman’s is better, but when the boundaries were stacked against the Labour party and in favour of the Conservatives in the 1980s, did the Conservative party demand the kind of changes that it is demanding today?
Bill Wiggin
The hon. Gentleman was not here in the ’80s and neither was I. I will carry on because time is short.
The problem I have is not with the theory behind the sixth general review, but with how it has been conducted in practice. We all want fairness and had high hopes that the Boundary Commission could do a better job. With hindsight, perhaps it should have been asked to respect county boundaries over ward boundaries. Despite agreeing to take existing constituencies into consideration as far as possible, the Boundary Commission for England recommended that the North Herefordshire constituency be dismantled and merged with Worcestershire and Shropshire to form a constituency with a minority part of each county. My hon. Friends and neighbours are fine people and there is little to be gained from Conservative Members fighting one another. At a time when people do not believe promises and when people vote for independents who have no manifesto, I believe that honouring the promises that I made to my constituents at the general election is very important.
The Prime Minister said at Admiralty house on 6 June 2011:
“We will help you through this”.
That was one of his best intentioned, least helpful and most worrying comments. What did he mean? What did he think would happen? How would help be offered? Did he really care about it at all? My sense of concern must have been felt by the Lib Dem coalition partners. How extraordinary it is in modern politics that one’s seat can be saved by one’s opponents who have spent the last 12 years trying to take it away.
There are more dilemmas in this vote for me and my constituents. What in the end would benefit them more: a future Conservative Government or a better alignment of boundaries? In 1884, my ancient forebear put the answer on the record. I will not bore the House with the details. He did say, however, that every elector should have two votes. I cannot agree with that.
Otherwise, little has changed. I do not believe that Herefordshire has received the respect that the Boundary Commission should have given it, but I will always put my constituents first; they will always be my priority. Whether the fairness and equality of a vote, and the corresponding chance of a Conservative victory, is more important than the boundaries of my existing and historic seat, is a decision worthy of deep deliberation.
Geoffrey Clifton-Brown
I am grateful to my hon. Friend for giving way, since I will not have the chance to make a speech today. Amendment 5 contains one important provision that shows why those who vote for the amendment are absolutely determined to wreck the Bill. The explanatory notes to the amendment state that
“the Boundary Commissions would not have a discretion to consider inconveniences attendant on boundary changes”.
In other words, people would have grounds to argue against any boundary changes that the boundary commissions proposed.
Bill Wiggin
I am deeply sorry that my hon. Friend will not have the chance to say more this evening. He deserves to.
The economic and other damage left by the Labour party, and the need for equality in votes, shows the greatest good to my county and my country although it may cause me the most harm personally. Putting aside all temptations and fears, my conclusion is that the sacrifice made by the loss of my seat must be worth it for my constituents. They deserve promises to be kept, fairness and justice to be paramount, and for their vote to count as equally as any other. I therefore support the Government and disagree with their lordships.
Mr Bone
I want to make a few brief points. I voted against the original Bill on Second and Third Reading because I wanted to see boundaries equalised but not a reduction in Members. I lost that debate and that vote, and I accept the will of the House. I also accept that Labour Members have been consistent in their views.
I thought today that I would be speaking in support of the Government, but I have since learned that I am speaking in support of Conservatives in the Government, which makes me feel a little better. My problem is very simple. If one reads the debates on Second and Third Reading, the Deputy Prime Minister, who led for the Government on this issue, made sensible remarks about equalising the size of constituencies, with which I thoroughly agree. However, when something is said as a matter of principle—this is where I think politics is brought into disrepute—whether it is about an in/out referendum on the EU or voting against tuition fees, and when a deal is done and a pledge made in coalition that there will be a vote on the alternative vote and in return the boundary review will be supported, that pledge must be kept.
The only honourable thing the Liberal Democrats can do tonight if they do not vote with Conservative Members is resign from the Government and cross the Floor of the House. If they have any principle, any honesty, that is what they must do. I remember when the aspiring new Prime Minister spoke to the Conservative party in the 1922 committee when the coalition came into being. The only issue that the party had to decide on was whether it would allow a vote on AV in return for Liberal Democrat support on boundary reviews. That was the deal. The Conservative party kept to that deal but the Liberal Democrats have gone back on their part of it. They are a disgrace and should be on the Opposition Benches.