London Local Authorities and Transport for London (No. 2) Bill [Lords]
Bob Blackman Excerpts(11 years, 5 months ago)
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Mr Chope
Absolutely. The clause refers to anyone who
“interferes with a relevant barrier without lawful excuse”,
which raises all sorts of questions regarding how to avoid the build-up of congestion caused by an accident or another incident such as a fire. If somebody says, “We need to open this barrier so that the traffic can flow more freely,” they might—unless they are authorised by the local authority—find themselves guilty of an offence. It seems to be a totally disproportionate response to the problem that the Bill’s promoters say exists.
I have seen no evidence of how many occasions gated roads have been opened, closed or otherwise interfered with by people to the detriment of the local authority. As I said at the outset, if there is a problem surely it would be better dealt with under the Traffic Regulation Act 1984, which relates to all authorities, not just those in London.
Rather earlier than some might have anticipated, I have reached the end of my introduction to the amendments, to which I have tried to speak in a constructive way. This is not an exercise in trying to prevent a Bill from making progress; it is an exercise in trying to ensure that the legislation that we put on the statute book is clear beyond peradventure and of sufficiently high quality to merit inclusion. It is very difficult to put these things right after the event, and on too many occasions in the past local authorities and Transport for London have been given wide powers that were not sufficiently explored beforehand, to the detriment of the general public. That is why, on behalf of road users and residents in London—I declare an interest as the owner of freehold property in London—I propose these amendments. I hope that the Bill’s promoters will address them as constructively as they have agreed to address at least two of the amendments in the next group.
Bob Blackman (Harrow East) (Con)
I thank my hon. Friend the Member for Christchurch (Mr Chope) for tabling these various amendments in, I trust, a spirit of exploring the intentions of the Bill’s promoters. I trust that my explanations will be sufficient for him not to press them to a vote. The Bill has been subject to a great deal of scrutiny both in this House and in the other place, so I will confine my remarks to the amendments.
I gleaned from my hon. Friend’s remarks that he tabled amendments 1 and 2 because he wants an explanation, not because he wants to press them to a vote. They relate to the commencement date for the regulations on lamps and signage. The Bill’s promoters across London are very keen for ultimate flexibility as to when the regulations should be introduced. The amendments would constrain London authorities to introduce them all on the same day across London, which would be draconian. The purpose of this part of the Bill is to say that there will be a need for lamps and signage to be restricted, but at different times for different authorities. That does not alter the fact that authorities have to advertise and give notice of their wish to introduce these schemes, but they do not have to introduce them in the same way right across London.
Mr Nuttall
Will my hon. Friend give the House one or two examples of the sorts of signs and effects that would alter traffic systems?
Bob Blackman
There will be times when signage or lamps are required, possibly on a temporary basis, and therefore one needs to introduce them, and give notice of that, and then take them away again. Those signs might be for emergency roadworks, or a particular purpose such as special events that take place in London. There are regularly demonstrations and road closures for special events, and it would be foolish to have those signs unnecessarily in operation throughout London and the affected areas. I trust that that provides a suitable explanation. It does not change the fact that local authorities must still advertise the reason for lamps and signage, as is wholly appropriate.
Amendment 3 suggests that after the Localism Act 2011, which enables local authorities to take many actions themselves, and after devolving power to London, we suddenly drag power back to the Secretary of State to force the Minister—or someone else—to consider the minutiae of things that go on in London. To me that seems to be overkill, and it does not take place in any other part of the country. The Secretary of State and Ministers have plenty to do without considering the minutiae of a code of practice that London local authorities will come together and agree, cross-party and for the good of all Londoners and London. I trust that my hon. Friend the Member for Christchurch will accept that such things are best kept to a local level, rather than involving the Government. I understand that the Government have not stated that they want to interfere in such a process, and I am sure the Minister will confirm that in due course.
Mr Chope
Is not the point that provision is already set out in the Road Traffic Regulation Act 1984 to deal with such issues? That is national legislation but the Bill seeks to modify it for London. My amendment would ensure that there is a proper safeguard for that proposed modification for London through the Secretary of State. My hon. Friend refers to localism, but surely such things should apply equally to all local authorities, not just those that bring forward Bills such as this.
Mr Deputy Speaker (Mr Lindsay Hoyle)
The Minister is getting carried away. He cannot intervene on someone who is already intervening. I think we have got the message for Bob Blackman to respond.
Mr Hammond
Wearily he climbs. Let me try and clear up this point. I agree with my hon. Friend the Member for Harrow East (Bob Blackman) that it should not be for the Government to consider the minutiae of things, but I suspect that the amendment tabled by my hon. Friend the Member for Christchurch (Mr Chope) is not actually intra vires or workable. This is a Transport for London Bill, and therefore the code of practice would be incumbent on those in control of Transport for London. Transport for London is devolved to London, and such matters would be for it, and the Mayor to consider, not the Secretary of State. I therefore suggest that the amendment is completely unworkable.
Bob Blackman
I thank the Minister for that helpful intervention. Amendment 4 would mean that local authorities could not put up lamps and signs in a conservation area without consent. The problem is that councils already have the power to do that, although they must obtain the consent of the owner of the building. This is a decluttering measure; the idea behind these provisions is to remove the clutter of road signs and signage that appears all over London, which most of us Londoners recognise as disastrous. The amendment would restrict the ability of local authorities to declutter conservation areas and put up appropriate signs, although that ability is what most people want to see. Finally, the provisions in question, including those on conservation areas, were proposed by English Heritage. I bow to its expertise in wishing to pursue them.
Amendment 5 deals with notices. My hon. Friend the Member for Christchurch made several points about people who appear to be residents or are employed on the land in question. The point is that notices would be served on such people if the local authority had been unable to ascertain the name or address of the owner of the premises. The provision in the Bill retains flexibility and is exactly the same as that in section 53 of the Crossrail Act 2008 and many other pieces of Government legislation. It is entirely consistent with previous legislation, so I strongly resist removing it.
Philip Davies
My hon. Friend is doing a good job of explaining the position. However, if I heard him correctly, he said that handing over a notice would be a last resort. Will he at least accept that the Bill does not actually say that?
Bob Blackman
It is clearly incumbent on the local authority to make every effort to establish the name and owner of a building, and it would be sensible for it to do that. However, in London in particular, there is often a freeholder, a leaseholder and maybe a sub-leaseholder, and the ownership and responsibility may be confused. The provision is about giving a notice setting out what is going to be done to the outside of a building. That is not particularly draconian, but it is clearly required. A local authority frequently goes through a set of procedures to make such things happen. It would be draconian to frustrate its ability to provide signage or lamps that are wholly consistent with the general requirements of TfL or London local authorities.
Amendment 6 would remove the provision allowing local authorities to use any other existing general powers to serve notice. Councils have a power to do so under section 233 of the Local Government Act 1972, and that power is enshrined in the Bill. The effect of the amendment would be to remove that capability under the 1972 Act. My hon. Friend the Member for Christchurch may have difficulties with that Act, but this is not the right place to express them.
Mr Nuttall
On that basis, if local authorities already have the power to serve notices, I am not quite sure what the purpose of clause 5(5) is.
Bob Blackman
It just reinforces and restates existing legislation, and I think it is sensible to have the relevant legislation all in one place so that people can understand everything that applies. The subsection is nothing new and does not amend the 1972 Act. That Act has gone through many changes, through London Acts and so on, so it is sensible to retain the subsection.
Mr Chope
My hon. Friend says that the subsection just restates the existing law in section 233 of the 1972 Act. That section applies throughout the country, so why is it necessary to reapply an existing provision in a local Act? Why do we need clause 5(5) at all? He says that it is useful to have everything in one piece of legislation, but that provision is already in the 1972 Act. Unless there is something in the subsection that adds to or subtracts from section 233 of that Act, what is the point of having it? How can that be good legislation?
Bob Blackman
For clarity and continuity it is sensible to restate, not change, the position that already exists. There is nothing new in clause 5(5), but if I were reading the Bill, I would want to know that there was complete clarity about its purpose.
Amendments 7 to 9 deal with cost and repair. There is nothing more frustrating for people than to see a development cause damage to a public highway, and for there then to be a lack of clarity about who will fix it. This is a problem in large parts of London. However, the effect of the amendments will possibly not be what my hon. Friend the Member for Christchurch intends. The local authority has a clear duty to maintain the highway so that it is in a good state of repair. In many parts of London it is not in a good state of repair. Where a developer or someone acting on behalf of an owner has caused damage, it is clear that the first option should be for the developer to repair the damage it has caused. Amendment 7 would remove the obligation on the developer to fix the damage it has caused and put the onus completely on the local authority to obtain the funding from the developer or the owner affected. This is, therefore, an unwanted measure.
Existing national legislation is worded in exactly the same way as the proposed legislation. Amendment 7 would place London local authorities in a worse position than the local authority in, for example, Christchurch. I do not see any reason why London authorities should be placed in a worse position than authorities outside London. The position should be consistent for all three amendments: the first call is for the developer to fix the problem it has caused. If it does not fix it, then the local authority should step in, make good the damage, and charge the people who caused the damage in the first place. In all these cases, this is entirely consistent with national legislation. The obligation to fix it should be on the people who caused the damage.
Mr Chope
The explanatory memorandum states that
“Clause 6 would replace section 133 with provisions for London that would enable the highway authority to recover their expenses of remedying such damage to any part of the highway, not just the footway.”
That seems to be what is being changed, rather than the means by which the damages can be recovered. Does my hon. Friend accept that there is a lot of rather superfluous wording, if the purpose is just to be able to extend an existing power from the footway to the whole of the highway?
Bob Blackman
The key point is who repairs the damage initially, or how the money is recovered. The point is that it should be the developer who causes the damage—frequently, heavy lorries delivering goods to a site cause damage to the highway as well the footway—who repairs it first. If they do not repair it, then the local authority steps in, makes good the damage, serves a notice and recovers the money. Unfortunately, the effect of all three amendments would remove the position of the developer doing any work at all, and put the onus fairly and squarely on the highways authority to make good and then try to recover the costs. That would be terribly frustrating for all concerned.
Mr Nuttall
I am not sure that I entirely agree with that interpretation. All that the amendments tabled by my hon. Friend the Member for Christchurch (Mr Chope) seek to do is move the word “may” from line 30 to line 31. At the moment it states:
“may make good the damage and recover the expenses”.
If amendments 7 and 8 were accepted it would state:
“shall make good the damage and may recover the expenses”.
In both cases, the “may” would apply to the question of the recovering of expenses.
Bob Blackman
I thank my hon. Friend for that point, but that is completely the wrong way around. The polluter should pay. The developer who has caused the damage should pay. The point is this: whether they repair it themselves to the required standard of the highways authority or whether the highways authority makes good and then charges is a matter for the local authority. That is certainly something that they should be doing. Certainly, they should not expect the council tax payer or general taxpayer to fund the repair of damage caused by a developer, but, if the amendments were passed, the developer would be under no obligation to make good the damage and the local authority might be unable to recover the costs incurred, which would be a retrograde step.
Mr Chope
I think we are at cross-purposes. My hon. Friend rightly said that the polluter should pay, but my concern is that if the polluter does not repair the damage to the highway, it might go unrepaired, unless my amendment 7 is carried, as it would require the local authority to repair the damage.
Bob Blackman
The highways authority already has a duty to keep the highways in good repair. As I read the amendment—I was only able to read it today—my concern is that it would not allow the developer to fix the problem.
Bob Blackman
No, it wouldn’t. It says that the local authority “shall” step in and do the work, irrespective. That wording is incorrect and is why I shall resist amendment 7, as well as amendments 8 and 9, which are all consequential amendments.
On amendment 20, London has many gates placed across roads to prevent the flow of traffic through residential communities. The roads are normally accessible by the emergency services—the fire brigade, ambulance service and police—and other appropriate authorities, but sometimes there is a severe problem. At the moment, if someone damages a gate, they can be held liable for criminal damage, but if they merely open the gate for their own convenience—to access the road or bypass a congested road—it defeats the purpose of that gate, which is to prevent large parts of London from being used as rat runs. The promoters therefore seek an enforcement option. If, on being directed by the emergency services, someone opened a gate, clearly they would not be guilty of an offence, but if they opened a gate for their own convenience—or for other people’s convenience, for joyriding or whatever—they would be guilty of an offence, and it would be up to the local authorities to enforce those actions.
I accept completely that there is an issue of interpretation around the reason for opening the gate, and there is always the potential for somebody to receive a penalty for incorrectly opening one, but it is entirely fair and proper to make it clear that people should not open one unless they have authority or good reason to believe that life or limb are in danger.
Philip Davies
I am not entirely sure that the matter is as clear-cut as my hon. Friend says. As I understand it, if someone is at a red traffic light, an emergency vehicle wishes to get through and that person moves through the red light to allow it through, they still can be, and in some cases have been, prosecuted for going through a red light. I fear that, under the clause, if somebody for a good, common sense, although perhaps not lawful reason, opened a gate to allow an emergency vehicle to get to the scene of an accident, they could still find themselves prosecuted, which surely cannot be anybody’s intention.
Bob Blackman
Clearly, this is a matter of interpretation. The purpose of placing barriers across a traffic highway is to prevent the incursion of normal vehicles, but I cannot envisage someone ever being prosecuted for opening a gate that is normally locked in order to give access to an ambulance, the police or the fire brigade. However, the promoters are keen to ensure that people understand that if they interfere with a locked gate that is there for the purpose of preventing traffic from passing through, that will be an offence and they can be prosecuted.
Mr Chope
Obviously we want to test out the new provision, because it would create a new criminal offence, so what about the following scenario? What if somebody finds that the gate is open and therefore closes it? Under the provisions we are discussing, they would be liable.
Bob Blackman
Having made something of a study of such gates in London over the years, I can say that they are almost all locked with padlocks—except where someone has stolen the padlock, in which chase the gate will often flip open and shut. Young people—in general it is young people—have a habit of occasionally using such gates as a form of entertainment. We need to make it clear that such gates are there for a purpose. This issue is a matter of interpretation. We are talking about gates being interfered with—that is, opened to allow the incursion of traffic.
Philip Davies
My earlier intervention fell on stony ground, so I will try from a different angle. My hon. Friend thinks that somebody in the scenario that I painted would not be prosecuted, but how about this scenario? What would happen if somebody refused to open the gate for an emergency vehicle in a desperate situation because they feared being prosecuted for contravening the law as it stands? Would that not be a shocking consequence of the proposal we are discussing?
Bob Blackman
It would be shocking; indeed, it would be shocking if the emergency services did not have the keys to access such a gate when they arrived at the scene, which in my experience they always do. To my knowledge—I will bow to anyone else’s superior knowledge—there has never been a situation where the emergency services required access to such a gate but were prevented because they were not carrying the keys.
Jim Fitzpatrick
Is it not also the case that the emergency services have a statutory power of entry when they are fulfilling their duties under the appropriate legislation?
Bob Blackman
I cannot imagine that anyone who was acting under the authority and direction of a member of the relevant services would be prosecuted for that.
In summary, on behalf of the promoters, I hope that I have given sufficient explanation to enable the mover of the amendment to withdraw it, rather than pressing it to a vote.
Mr Chope
These amendments relate to part 3 of the Bill, which deals with “Builders’ Skips”. It is important that we have a proper control regime for builders’ skips. It is also important that we are absolutely clear in our own minds about what the impact of the proposed changes to the Bill would be. For example, amendment 10 would add to section 8(1) so that the relevant highway authority could require the relevant person to provide them with the name and address of the owner of the builder’s skip
“where that information is not clearly and indelibly marked under the provisions of section 9”.
Section 9 provides that a skip must be
“clearly and indelibly marked with the owner’s name and with his telephone number or address”.
It seems to me that the best way of resolving this matter is to ensure that the skip must be, as amendment 15 suggests, clearly and indelibly marked with the owner’s name, telephone number and address. If that is done and there is no breach of the provision, it will not be necessary for the highway authority to exercise the power set out in clause 8 because the information that it is seeking to ascertain will already be in its knowledge and the knowledge of anybody else who looks at the skip in question. That would improve the wording of the Bill.
Amendment 11 challenges the current provision, which states:
“A requirement under this section shall specify the period within which it must be complied with, which must be a period no shorter than 3 working days beginning with the date on which the request was made.”
Mr Chope
I will take my hon. Friend’s intervention shortly, but I am going to anticipate it in my next comments. Prior to his looking at this because it was drawn to his attention by my amendment, nobody had thought through how reasonable a period of three working days would be in these circumstances. As a result of my tabling amendment 11 to insert 14 working days instead, he and the promoters of the Bill have seen the unreasonableness of the original proposition and the reasonableness of the amendment. He indicated in a letter that I received this morning that he would be willing to accept the amendment.
Bob Blackman
I congratulate my hon. Friend on tabling this amendment. The promoters are happy to accept it, and I do so on their behalf without the need for a Division.
Mr Chope
I am very grateful to my hon. Friend.
Amendments 12 and 13 deal with the level of penalty for any person convicted of an offence under clause 8(6), which says that
“in the case of an offence under paragraph (a)”
the fine should be “not exceeding level 3”. However, under paragraph (a) the penalty would apply to somebody
“on whom a requirement is imposed…if…without reasonable excuse he fails to comply within the period specified”.
That means that he would not be providing the information within 14 working days. That is, I submit, a relatively minor contravention that should merit, if indeed it is prosecuted at all, only a fine not exceeding level 1 on the standard scale. Obviously, if a person responds to the requirement and, in so doing, gives information that he knows is false in a material particular, that is much more serious. The gravity of that could be reflected in a fine not exceeding level 3 rather than a massive one at level 5. I look forward to my hon. Friend explaining why the fine levels in the Bill were chosen.
Mr Chope
Exactly. Sometimes the imagination of those who draft private Bills runs away with them and they think of all possible scenarios. Requiring someone who has taken all reasonable precautions to avoid a contravention to set out in writing their information about other people who might have been up to no good, goes too far.
On Second Reading, the hon. Member for Ealing North (Stephen Pound), who I am sorry is not in his place, made a point about the immobilisation of builders’ skips—I think the hon. Member for Poplar and Limehouse (Jim Fitzpatrick) also raised that issue. If a builder’s skip is unlit, not properly guarded, causing a nuisance, filled with rotting rubbish or whatever, is it sensible to immobilise it? That is the challenge I put to the promoters of the Bill with amendments 17 to 19, which would leave out clauses 12 to 14.
If the owners of a skip have offended against provisions in part 3 of the Bill, surely penalty notices and so on will be involved. To immobilise the skip in the meantime, thereby preventing its owner from removing it when it is not lit or causing a nuisance, seems to go slightly in the wrong direction. I am sure I am wrong about that, and when my hon. Friend the Member for Harrow East responds to the debate he will put me right and explain why London would be a better place if all skips were immobilised. The fact that this was a cross-party issue and taken up on Second Reading was not properly addressed in Committee, so I hope it can be addressed in response to my remarks. I look forward to hearing from my hon. Friend in the hope that we can proceed with these amendments in a similar way to the previous ones.
Bob Blackman
I thank my hon. Friend the Member for Christchurch (Mr Chope) for outlining his various amendments. I will run briefly through the promoters’ view of each. I trust that he will see the logic that they have applied.
The amendments relate to proposals for the decriminalisation of the position on builders’ skips. The power to enforce the rules and if necessary—I emphasise that—immobilise skips when relevant notices are not complied with will instead be put in the hands of the local authority. The authority will have to be convinced that immobilisation is the correct thing to do.
Amendment 10 suggests that information should be provided only if it
“is not clearly and indelibly marked under the provision of section 9”.
I think my hon. Friend has got the wording incorrect, because the requirement set out in the Bill is under section 139 of the Highways Act 1980. The problem, as Members will see if they come to various parts of London and see skips on the roads, is that there may be a name on the side of a skip, but it might not be accurate, because skips are swapped around various companies at various times. The amendment would place a severe burden on skip suppliers to ensure that the details were accurate. On that basis, I do not think it would be sensible to accept it, particularly given the rest of the Bill’s provisions.
The promoters wish to accept amendment 11, and on reflection believe that 14 days should be allowed for compliance. That makes better sense.
Amendment 12 is about the maximum fine for not complying with a request. For clarification, I point out that a level 3 fine is currently £1,000 and a level 1 fine £200. The Government are currently consulting on increasing those levels fourfold, and the Ministry of Justice has raised no objections to the proposal that level 3 be the appropriate fine for the offence set out in clause 8(5)(a). In fact, a level 3 fine is lower than the fine in some equivalent cases. For example, under section 16 of the Local Government (Miscellaneous Provisions) Act 1976, the maximum fine for the equivalent offence is level 5, which is £5,000. The promoters have sought the right level for an offence of this type. If skips are placed on the road in contravention of highways law, appropriate fines are needed for the local authority to remedy the situation. If the owner did not provide relevant details, the local authority would find it difficult to remove the skip, immobilise it or take appropriate penalty action against the supplier. People need to understand that if they deliberately flout the rules, they will get a severe fine.
Amendment 13 is about the offence of knowingly supplying false information in response to a legitimate request from a local authority for the name of the provider and owner of a skip. The Bill currently provides for a level 5 fine, which is £5,000. The amendment would lower the fine to £1,000. A draconian fine is required to prevent people from knowingly misleading the local authority, so that they cannot leave a dangerous skip on the road without the authority being able to identify who had done so.
Amendment 14 lowers the threshold at which a penalty charge notice could be served when a skip owner does not take reasonable steps to comply with the existing requirements. We need to make it clear that the Bill is a decriminalisation measure. At the moment, there are no “reasonable steps” elements in it. The amendment, therefore, would water down the requirements considerably. The general public—motorists, pedestrians and others—have a right to believe that if skips are placed on the public highway, they will be properly positioned, properly lit and will not be dangerous to motorists or pedestrians. The amendment would water down the proposals considerably and unfairly.
Mr Nuttall
My hon. Friend has said on a couple of occasions that this Bill is a decriminalisation measure. Many people will be somewhat mystified by a decriminalisation measure that clearly creates criminal offences.
Bob Blackman
The point is that these are criminal offences at the moment. The proposals would put the power relating to the public highway in the hands of local authorities, so that they would take action to prevent people from allowing dangerous structures—skips, in this particular case. There was something similar many years ago with parking control, for example. Parking control used to be enforced by the police. It was then decriminalised and put in the hands of local authorities to enforce. A similar position is proposed in the Bill. Instead of the police having to take action, local authority personnel would take action. That does not make it any less of a requirement. It shifts the requirement from the police, who I think we would all say have a big job to do anyway and should not have to do such work; it should be the job of local authorities. That is the purpose of the Bill, and that is why I describe it as a decriminalisation measure. The police enforce the criminal law; local authorities have a duty to enforce the Highways Act 1980 and other appropriate rules.
Mr Nuttall
On that point, will my hon. Friend inform the House what sort of court someone would be taken to under these offences? Who would enforce them?
Bob Blackman
A penalty charge notice would be issued initially. If that is paid, that is the end of the matter. If it is not paid, it is then presumably for the local authority—I would take advice on this—to take the matter to the county court or the magistrates court to push a position where liability orders would be obtained, and the enforcement action would follow in a similar vein to that of a parking offence on the public highway. Hopefully none of that would ever arise, because people would realise that if they failed to observe the rules they would face high penalties. We all want the streets to be safe. This is a set of proposals for when people deliberately flout the rules. We need draconian measures to ensure that that position is maintained.
Mr Chope
My hon. Friend says that it is perfectly reasonable that somebody who owns a skip should be subject to massive penalty charges if in the course of the night the lighting is stolen or vandalised and ceases to operate through no fault of their own. Can that really be fair?
Bob Blackman
The current position is that were that to happen and lighting were removed, a criminal offence would have been committed. The police would step in and take appropriate action against either the owner of the skip or the owner of the property at which the skip was based. Clearly, we want skips that are placed on the public highway to be lit properly and placed in a sensible and not a dangerous position. I will come on to that point later. We can water down the criminal law and remove the ability of people simply to claim, “It’s nothing to do with me, guv. What can I do if someone removes the lighting?” That does not change the fact, however, that someone has driven their car into a badly lit skip, causing immense damage. At that point, it will be a matter of ensuring that the wrong is put right, and that, if it is not, a fine is issued. It is as simple as that.
Amendment 15 would require names, addresses and telephone numbers to be marked on skips. That would change the law in London, meaning that skip owners would face much more draconian measures in London than outside it. [Laughter.] My hon. Friends smile and laugh, but when someone acquires a skip in London, they do not necessarily acquire it from a site in London; they might acquire it from a skip owner outside London, who would then have to take it to London. If the amendment were passed, the owner would be burdened with having to mark the address and phone number in a way that did not apply in the rest of the country.
I know plenty of skip-owning firms that come from way outside London to provide skips, as well providing skips in their own areas. The amendment would provide for a regulatory burden in London that did not exist elsewhere, resulting in the potential problem of people inadvertently falling foul of the law. I agree that there might be an argument for amending national legislation in the way that my hon. Friend the Member for Christchurch suggested, but he is a promoter of deregulation, wherever possible, and I do not believe that we want to impose unnecessary regulation on businesses outside London. The amendment is therefore unnecessary and should not be pursued.
Amendment 16 deals with penalty charge notices. If we left out subsection (8), anyone served with a PCN could say, “It’s not me, guv. I’m not responsible.” As far as I am aware, whenever a PCN is issued for an offence on the highways, it is for the person served to substantiate whether someone else was responsible. If we left out the subsection, that person could say, “It’s nothing to do with me”, and then the authorities could not pursue those responsible. For that reason, we would resist the amendment.
Mr Nuttall
The logical conclusion is that the person on whom the authorities have served the notice must turn investigator and solve the problem themselves.
Bob Blackman
Clearly, it would be incumbent on the person served with the PCN to substantiate that the contravention was down to someone else, in the same way as they would make representations against any other PCN. The local authority would then examine those grounds, and if they were relevant and someone else was responsible, the PCN would be withdrawn and issued to the relevant person. That is exactly how local authorities deal with highways offences.
Amendments 17, 18 and 19 deal with potential immobilisation. Clearly, local authorities in London want the power to immobilise a skip if they deem it appropriate, but of course if a skip is in a dangerous position on the highways, the last thing they are going to do is immobilise it; they will want it removed. If, however, it is in a reasonably safe position and a notice to change the lighting has been issued, the local authority could step in, light the skip and immobilise it using the devices on the market that allow that to be done, making it safe for pedestrians and other road users. At the same time, they could pursue the person who has contravened the rules. A local authority would do that only if it was appropriate to do so, which is quite right. Amendments 17, 18 and 19 deal with that issue.
One of the challenges is what is in the skip. Obviously local authorities need the discretion to remove anything that is inappropriate.
Jim Fitzpatrick
If I remember correctly, my hon. Friend the Member for Ealing North (Stephen Pound) pointed out on Second Reading that many people did not realise that skips could be immobilised, given their size and weight. However, the hon. Gentleman has just explained that such devices are available. When it is safe, their use may be appropriate to prevent people from flouting their responsibilities when they place skips on our roads.
Bob Blackman
I thank the hon. Gentleman for clarifying the issue.
In summary, let me say on behalf of the promoters that we accept amendment 11 and oppose the rest of the amendments in this group. Part 3 of the Bill deals with appropriate action to make London streets safer when people put skips on the public highway, by ensuring appropriate fines and enforcement action when people break or flout the rules. We will accept amendment 11, but I invite my hon. Friend the Member for Christchurch not to press the other amendments.
Philip Davies
I seek to fulfil the same role in this debate as I did in the debate on the previous group of amendments, by speaking briefly and highlighting for my hon. Friend the Member for Christchurch (Mr Chope) where I think he is on to a winner and also where he has not necessarily persuaded me of the merits of his case.
I am rather puzzled by the whole debate on amendment 10. My hon. Friend made a good case for saying that we should ask people to supply information about the owner of a builder’s skip only
“where that information is not clearly and indelibly marked under the provisions of section 9,”
as his amendment sets out. If I understood my hon. Friend the Member for Harrow East (Bob Blackman) correctly—I am sure he will correct me if I am wrong, which I may well be—he was saying that because skips change ownership quite often, having just a name, telephone number, address or whatever it might be on the skip would not necessarily be a good enough indicator of the actual owner, because the skip might have changed hands a couple of times since those markings were applied. That might well be true, but the problem is that it flies in the face of clause 9, which states that the owner would have to ensure—I might add that anyone who did not do this would have to pay a fine—that
“the skip is clearly and indelibly marked with the owner’s name and with his telephone number or address”.
The promoters of the Bill cannot have it both ways. They cannot say that such information is required for the purposes of clause 9, but that it would be unfair to require it in clause 8. I would advise my hon. Friend the Member for Harrow East to have another think, because my hon. Friend the Member for Christchurch is simply proposing a modest, common-sense amendment that goes with the flow of the Bill, not against it.
Rail Reform
Bob Blackman Excerpts(12 years, 9 months ago)
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Justine Greening
In many respects it has been an impossible situation, and certainly one that cannot continue. We cannot allow £3.5 billion of inefficiency a year to go unchecked and always to be paid for by taxpayers and fare payers. That is what this document and this strategy are all about tackling.
Bob Blackman (Harrow East) (Con)
My right hon. Friend will be aware that the RMT has threatened a national campaign of resistance, including industrial action if necessary. What message does she have for those trade union dinosaurs and for the hard-working staff in the rail industry about the potential benefits?
Justine Greening
I urge everybody to work with us to improve the railways for the sake of passengers and taxpayers. That is the decision that we all have to take. It is simply unacceptable that every year £3.5 billion of inefficiency is paid for by people across the country who cannot afford it. We have to get a grip on that, and we will do so by working together. I hope that the unions will see that there is a huge opportunity to work with us on this. There is massive investment and there is room for jobs and growth. We just need an industry that is financially sustainable so that that can take place.
London Local Authorities and Transport for London (No. 2) Bill [Lords]
Bob Blackman Excerpts(12 years, 9 months ago)
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Bob Blackman (Harrow East) (Con)
I beg to move, That the Bill be now read a Second time.
I am pleased to introduce the Bill to the House. It is promoted formally by Transport for London and Westminster city council, who do so at the request of all the other London boroughs, including the City of London, and through the good offices of London Councils, the representative body. It is therefore fair to say this Bill has the support of all political parties across London.
This is a different Bill from the one we valiantly promoted over the past few weeks, and which my hon. Friend the Member for Finchley and Golders Green (Mike Freer) led on. Sadly, he is unable to be in the Chamber tonight—because he is still suffering the after-effects of the previous debates on that Bill.
Mr Christopher Chope (Christchurch) (Con)
I am sure we are all very sorry that my hon. Friend the Member for Mid Norfolk (George Freeman) is unable to be present. However, I congratulate my hon. Friend the Member for Harrow East (Bob Blackman) on taking on the responsibility, and he will know that that previous Bill has not completed its passage through this House. Discussion of it will be resumed next Tuesday—it is to be hoped at precisely 7 o’clock.
Bob Blackman
Indeed, we will have a series of Bills; as with London buses, once we have enjoyed one, another will follow. I hope we will conclude discussion of the Bill in question next week, and I trust we will be able to start the debate on it at 7 o’clock.
That Bill has proceeded further than the Bill currently being debated, which has been in its gestation period for a considerably extended period.
Mr David Nuttall (Bury North) (Con)
My hon. Friend refers to the other London local authorities Bill. Will he give the House a brief explanation of why there are two separate Bills going through Parliament at the same time?
Bob Blackman
I thank my hon. Friend for that question and although I will not digress at this point, I shall explain further during my speech why there are not only two but three Bills going through almost at the same time.
It is fair to say that private Bills of this type have been promoted regularly by London boroughs for many years. That goes back to the days of the old London county council, of which many might mourn the loss, and to those of the Greater London council, and runs through to the advent of the Greater London authority and the Mayor of London. This is the third Bill to be promoted by the boroughs and Transport for London since TFL came into existence. Separately, the London boroughs have promoted no fewer than 10 London local authorities Bills of their own and TFL has promoted three of its own over the years.
It is therefore fair to say that Bills of this nature are not uncommon—far from it, in fact. I mention that because during our recent debates it has been suggested that London local authorities Bills are somehow different from or new in comparison with what happens elsewhere in the country. They are not new. This form of localism has been practised over many years and it has been so successful that Governments of all parties have taken sections from the provisions pioneered in London local authorities Bills and advanced them in national legislation. For example, the Localism Act 2011, which I strongly support, includes provisions on fly-posting that were first introduced in a London local authorities Act. That demonstrates that what happens in London can subsequently be taken forward nationally.
There has been a long wait for this Second Reading. When I was asked to take on this Bill, I was reminded that we reviewed its provisions at a council meeting in 2006 when I was deputy leader of Brent council, and we initiated this draft Bill when I served on the Greater London authority, although at that stage it contained many more proposals and clauses.
Finally, the Bill was introduced in the House of Lords as long ago as January 2008 and First Reading in this House took place on 28 March 2011. Before I move on to the contents and details of the Bill, it is right to explain why we have had to wait so long for it to come before the House. A threat to the Bill emerged after the House of Lords Opposed Bill Committee reported in March 2009. A group of bodies that represented sporting interests voiced concerns about two clauses that would have enabled London authorities to recover the costs of cleaning streets and imposing traffic regulation measures at sporting and other events. It soon became clear that the sports bodies had very strong support among peers in the other place and the promoters recognised that there was therefore a potentially serious threat not just to the clauses in question but to the whole Bill.
Unsurprisingly, the promoters embarked on a process of negotiation with the sports bodies. It has proved to be a very long process indeed. Without going into all the details, it is enough to say that agreement in principle was eventually reached before the general election of 2010. Although the promoters believed that agreement had been reached with the sports bodies in 2010, a further point of dispute arose, the conclusion of which was not achieved until the beginning of 2011. As part of the agreement, the clauses were removed.
Mr Chope
To go back to the sports bodies who were concerned about the Bill, am I right in recalling that the compromise agreement that caused provisions to be withdrawn from the Bill involved the large football clubs in London entering into an agreement with the local authorities on sorting out the problems of litter emanating from the playing of those first division and premier league football matches? Will my hon. Friend tell the House whether that voluntary agreement has now been implemented?
Bob Blackman
Not only premier league and first division football teams, but other sporting events throughout London were involved. Coming as I do from the Wembley area, I remember the negotiations that had to take place between Wembley stadium and the local authority on the clearance of litter, which was the subject of a section 106 agreement when the stadium was rebuilt. However, not all the stadiums in London are being rebuilt so separate agreements had to be reached with those bodies. It is quite right and should be accepted that huge amounts of litter are generated by sporting events, so why should local council tax payers have to bear the cost of the litter dumped by visitors to stadiums? Voluntary agreements have been reached and my understanding—I am happy to be corrected if I am wrong—is that they have been adhered to thus far and fully implemented across London.
After the general election, the Department for Transport raised a number of new issues with the Bill that required the promoters to give detailed consideration to the drafting in some other respects. The Department asked the promoters not to hold Second Reading in this House until they had responded in detail to those points, hence there was a further delay while the points were ironed out and notice was given of Second Reading last July. Second Reading was objected to by my hon. Friend the Member for Christchurch (Mr Chope) and others.
It became clear at that point that clause 17, which relates to pedicabs, was the subject of strong opposition from all sides, in particular the pedicab industry on the one hand and parts of the taxi trade on the other. Petitions were deposited against the pedicab clauses by pedicab operators, taxi driver representatives and the National Union of Rail, Maritime and Transport Workers. Essentially, one side wanted stronger clauses whereas the other side wanted no clauses at all. Following further discussion between the promoters and the pedicab industry, the promoters have decided that they will not proceed further with clause 17 and they will ask that the Bill is amended in Committee to remove it. In those discussions, it has been agreed that the pedicab industry will take steps towards self-regulation. After that, it will be monitored to see whether self-regulation achieves the requirements. The promoters have been working with the pedicab industry to achieve that and, consequently, propose to withdraw the provisions from the Bill.
Bob Blackman
I understand that the Bill’s promoters will submit that in Committee for the inspection of those who wish to see it. I know that the promoters have written to my hon. Friend the Member for Christchurch and the hon. Member for Hayes and Harlington (John McDonnell), who have specific concerns about clause 17, to inform them of the position.
Let me address the clauses that will be implemented, which cover seven distinct subjects. Clauses 4 and 5 will enable London authorities to attach street lamps and signs to buildings without requiring the consent of their owner or occupier. This will bring the rest of London into line with the City, where the City of London corporation already has those powers. The intention is to avoid cluttering streets with more and more street furniture; that is a particular concern right across London. In response to the points made by the then Minister, the right hon. Member for Doncaster Central (Ms Winterton), in her report to Parliament on human rights, the promoters have amended the Bill. Subsections (3) to (7) of clause 4 now require authorities to serve notice on the owner of the building in question and to take any representations into account. Also, subsection (12) requires authorities to come forward with a statutory code of practice on the exercise of the powers. The provisions on compensation have also been amended in favour of the property owner. Leading counsel’s opinion on the compatibility of part 2 with the European convention on human rights has been obtained by the promoters, and she is satisfied that it is compliant.
Mr Chope
My hon. Friend has not mentioned the petition against the Bill that has been put forward by the Society of London Theatre and the Theatrical Management Association. Are the promoters going to give any further concessions as a result of the concerns that those two organisations continue to express?
Bob Blackman
The promoters agreed to introduce proposals in Committee to exempt theatres from the legislation so that no street furniture will be adhered to such buildings, because of the nature and type of buildings concerned. I trust that my hon. Friend will be satisfied that that particular objection will be fully answered and that no further action will be taken.
Clauses 6 and 7, which deal with damage to highways, are uncontroversial. They will enable London authorities to recover the cost of repairs to the carriageway—not just the footway as the current law provides—where damage is caused by construction traffic. The measures will also enable them to require by way of a planning condition a deposit before construction work commences. That will be warmly welcomed across London, where construction traffic frequently causes damage not only to footways but to the public highway. It is often very difficult for local authorities to recover funding for dealing with that.
Mr Nuttall
My hon. Friend refers to works traffic but will he confirm that clause 6 does not mention traffic? It merely refers to damage caused by work or any activity associated with work.
Bob Blackman
One of the key concerns about damage to highways and footways across London from construction work is about recovering the costs of repair, which otherwise have to be borne by local council tax payers. Those costs should properly be charged to the firms carrying out the work—hence the rationale. However, I will refer my hon. Friend’s comments to the promoters to make sure that this issue is clarified in Committee.
Part 3 concerns builders’ skips and its main purpose is to decriminalise offences relating to such skips, such as putting them out without a licence or not properly lighting or protecting them. Such actions are a menace to road users of all types and the Bill enables the highway authority to require information about who the owner of the skip is in order to determine on whom penalty charge notices should be served. Clause 10 provides that the owner of the builder’s skip will be liable to pay any penalty charge arising from a contravention. Representations may be made against the imposition of penalty charges, and appeals made to an adjudicator, much like the existing parking regime in London.
Part 3 will also alter the powers of the highway authority to place conditions on giving permission for placing a skip on the highway and enable the authority to insist that the skip have lights or a guard, or a system of guarding, as an integral part of the skip. Once again, that is a key part of ensuring the safety of all road users.
Bob Blackman
The key point, which is clear, is that that is a criminal offence and subject to enforcement by the police nationally. The purpose behind the measure is to get to a position whereby the local authorities can impose those penalties and ensure that they are properly and effectively enforced so as to prevent people from committing quite serious offences. This sensible measure, taken in London, might eventually be rolled out across the country. We are talking about what should happen in London.
Stephen Pound (Ealing North) (Lab)
The hon. Gentleman, who has a distinguished record in local government, will have seen the suggestion in the Bill that skips be immobilised. Leaving aside putting a Denver boot on a skip, or somehow restricting the haulage points, does he not agree that immobilising a skip will create a mound of foul, reeking refuse and rubbish that towers above that skip? Surely it would be far more sensible simply to take the damn thing away and hold it to ransom until the owner coughed up.
Bob Blackman
I was about to come to the aspect of disabling a skip on the highway. It springs to mind that local authorities might have a pound of skips filled with stinking refuse that would be unclaimed by any individual.
This is a particularly serious problem. Under the Bill, there is a power for conditions to be imposed on the provision of a skip on the public highway. That is the key point—if it is on the public highway. That will enable the local authority to insist that there are lights in place, or a guard or some other system, when that skip is placed on the highway so as to protect all road users. The local authority will be able to fix an immobilisation device—
Bob Blackman
May I answer the intervention from the hon. Member for Ealing North (Stephen Pound)? The key issue is the fact that a penalty notice will have to have been served on the owner of the skip prior to the immobilisation device being placed on that skip. Quite how the immobilisation device will work I leave to the hon. Gentleman’s imagination and to the ingenuity of London local authorities.
Mr Nuttall
Leaving aside the fact that I am disappointed not to hear how a skip might be immobilised —I was genuinely looking forward to finding out the mechanism whereby that particular procedure will be carried out in London—is it not already an offence to have a skip on the public highway without its being lit by a marking light at night?
Bob Blackman
To clarify, the position is that these are already offences in law. However, as things stand, there is no capability for local authorities to do anything about them or take enforcement action in London. The purpose behind these measures is to enable local authorities to enforce the rules and ensure that penalties are served on those who indiscriminately place skips on the public highway outwith the proper conditions, without proper protection and without proper lighting. The difficulty that a number of London authorities have is pursuing skip owners. Unfortunately, not all skip companies write their name and phone number on the side of their skips. Identifying who is responsible for a skip is often a challenge. These clauses will help to clarify that and give local authorities the ability to deal with those skips. As to how they will be immobilised, I look forward to seeing diagrams of the ingenious devices that will be produced.
Mr Chope
It is inherent in what my hon. Friend says that the police are able to deal perfectly adequately with the problem of skips right across the country. Why do London authorities think they need a completely different regime for dealing with skips, when up to now the police have been quite competent at doing so?
Bob Blackman
I am not one to criticise the police—far from it. The police do a wonderful job in this country. However, I do not want the Metropolitan police to spend their time pursuing skip owners and people who indiscriminately leave skips on the public highway. I would much rather the police were pursuing burglars, muggers and violent criminals, than people who had committed such an offence on the public highway. The measure is much in keeping with the decriminalisation of car parking that was carried out a number of years ago, which led to local authorities imposing car parking controls and ensuring that penalty notices are properly served and car parking restrictions are properly implemented.
Mr Chope
If there is a case for decriminalisation, surely the best way of proceeding would be for the Government to introduce national public legislation enabling local authorities to enter into decriminalisation of these offences if they wish, instead of the piecemeal bottom-up job that my hon. Friend is trying to promote.
Bob Blackman
I thank my hon. Friend for the intervention. I have no objection to the Government coming forward with legislation. I am sponsoring the measure on behalf of London authorities, which all agree that this is a severe problem in London. It may well be that in my hon. Friend’s constituency there is a problem, in which case he can promote suitable legislation there. This is all about proper localism. As I suggested earlier, in the fulness of time other local authorities may also lobby the Government for such measures. This is all about implementing a measure in London, trying it out and possibly rolling it out across the country, as I suggested earlier.
Clause 16 deals with interference with barriers and makes it an offence to open, close or interfere, without lawful excuse, with a barrier that is erected by a traffic authority that is intended to prevent the passage of vehicles or any class of vehicles into, out of or along a highway. There has been no objection to this sensible measure. A number of roads in London are closed off for normal purposes, but there is a requirement that barriers should be movable for emergency vehicles to gain access. Unfortunately, because barriers can be moved, unscrupulous individuals tend to move them. The clause would make it an offence to do so unless one is a proper person duly qualified by the highway authority to do so.
There have been substantial objections to clause 17, which deals with pedicabs. The promoters will seek to drop the clause in Committee. Despite that, there have been a large number of objections. Hon. Members who have been to the west end recently will almost certainly be familiar with pedicabs. They are sometimes known as bicycle rickshaws. They usually consist of a large tricycle with an open carrying cabin to the rear for passengers. They operate to all intents and purposes like taxis, charging fares for what are usually short journeys. They are found mostly in the west end of London and they are currently not regulated in London at all. They give rise to a number of problems, which have been the concern of the promoters and others.
The promoters have decided to ask the Bill Committee to remove clause 17. None the less, I should briefly explain what it would have done. The clause relates solely to traffic management; it does not deal with the safety of pedicabs or the fitness of their drivers—believe me, pedicab drivers have to be fit. The clause would have assisted the councils and TfL in identifying the owner of a pedicab and enabled them to serve a penalty charge notice when a parking or moving traffic offence had been committed.
The clause would have operated only if the councils or TfL already had arrangements in place for a voluntary registration scheme for pedicab owners or if a separate statutory licensing scheme had been enacted. That is because such a scheme would undoubtedly require pedicabs to display some sort of plate that could be used to identify the owner. The clause, in itself, would not have set up a statutory licensing or registration scheme, although there is of course a demand for that in some parts of London. An attempt to introduce a statutory registration system was made in a previous London Local Authorities and Transport for London Bill, but it was rejected by the Committee on that occasion.
Two pedicab companies, Bugbugs and Reliable Rickshaws, have petitioned against the clause, as have the London Cab Drivers Club and the National Union of Rail, Maritime and Transport Workers, which represents taxi drivers. As hon. Members can guess, the petitioners have very different views about the merits of the pedicab trade but are united in their opposition to the clause. Hopefully, the proposed withdrawal of the clause will appease all those who objected, but it will probably satisfy none of them.
Stephen Pound
Some of us consider these motorised rickshaws to be the greatest menace to public safety since Mr Toad first climbed behind the wheel of his Hispano-Suiza touring car. I am amazed that an organisation called Bugbugs appears to have sufficient weight to influence Her Majesty’s Government and speak for this bunch of anarchists in an organised way. Could the hon. Gentleman possibly tell us what the pedicab industry organisation is, because I have not heard of it before?
Bob Blackman
I thank the hon. Gentleman for his intervention. The reality, of course, is that this Bill is being promoted not by the Government, but by London local authorities and TfL. They have been subject to considerable pressure from the pedicab trade, and most of the people concerned are individuals who ply their trade.
Jim Fitzpatrick (Poplar and Limehouse) (Lab)
The hon. Gentleman is responding to a key question from my hon. Friend the Member for Ealing North (Stephen Pound). Notwithstanding the obvious disappointment that clause 17 is likely to be dropped when the Bill goes into Committee, does the hon. Gentleman share my disappointment that that means there will be no regulation of that industry, which many people say is an accident waiting to happen?
Bob Blackman
I thank the hon. Gentleman for his intervention. I think that a voluntary system of regulation is needed and should be attempted. If such a system does not work, I am sure that we will return to the matter in a further such Bill in future.
Mr Chope
My hon. Friend will know from looking at these petitions that as long ago as 2003, on the application of Robert David Oddy v. Bugbugs Ltd, the courts suggested that primary legislation would be required. Is he of that opinion? If so, would he suggest that it should apply right across the country, and why does he not start putting pressure on the Government to bring forward that legislation?
Bob Blackman
I thank my hon. Friend for that intervention. Pedicabs are almost unique to the west end of London; I have not heard of or seen any pedicabs anywhere else in this country. In the due fulness of time there may be a requirement to regulate pedicabs throughout the country, but at this point it is specifically a London issue and specific to a distinct part of London.
It is therefore for London local authorities and for TFL to determine what they are going to do. They have responded to London cab drivers and to various aspects of the taxi driver lobby, who share the view of the hon. Member for Ealing North (Stephen Pound) about the pedicab trade, but equally they have understood that the pedicab trade itself has responded in a very—[Interruption.] Ah! The hon. Member for Ealing North is present. The pedicab trade itself has responded by saying that it is being unfairly treated, but we will have to see whether the voluntary system works, and if it does not we will have to return to primary legislation.
Part 5 refers to charging points for electric vehicles and enables London authorities to provide and operate charging apparatus for electrically powered motor vehicles on highways and to permit third parties to do so. The clauses in part 5 set out the procedures for that provision and create an offence of the unlawful use of charging points.
The number of electric vehicles has increased rapidly since the Bill was first thought of some six years ago, and the Government are very much in favour of encouraging their use. I strongly support the use of electric cars and look forward to their being the principal cars on the roads in London in the not too distant future. The Mayor of London has made it a priority to encourage electric vehicles on our roads, and there has been no opposition whatever to part 5, except from the Society of London Theatre, which was concerned about points being placed directly outside theatres.
Mr Lee Scott (Ilford North) (Con)
Does my hon. Friend agree that outside theatres, particularly when they are closing of an evening, we have the menace of pedicabs, as the hon. Member for Ealing North (Stephen Pound) said, that other such vehicles are parked there, that no one can get by or even walk on the pavements and that this proposal could make things worse?
Bob Blackman
I thank my hon. Friend for that intervention. The location of the electric charging points, which is the nub of his intervention, will be the subject of appropriate consideration. It would be foolish in the extreme to site electric charging points where there were going to be huge crowds. I cannot imagine, for example, electric vehicles being charged up outside football stadiums, where crowds would be charging over them. That would not be a sensible siting, and that is why we want sufficient electric charging points to coincide with parking meters, where people are allowed to park, so that, instead, they are legitimately able and permitted to park, they can charge their vehicles at the same time and they can be charged by the local authority for the electricity that they use.
Mr Chope
Following the point that my hon. Friend the Member for Ilford North (Mr Scott) made, does my hon. Friend the Member for Harrow East (Bob Blackman) accept that planning would be a much better regime with which to control the location of such charging points? Why should one not have to obtain planning permission if one wants to install a charging point in a particular place on the highway?
Bob Blackman
My hon. Friend is a great supporter of deregulation and of reducing the burden on business, but I cannot think of anything more cumbersome than having to obtain planning permission for an electric charging point on the highway. I can just imagine the extended time that that would take. The proposal will allow London local authorities to introduce such charging points in sensible and appropriate places, where the public can access them easily and we can encourage the use of clean, green electric vehicles.
I hope that my very brief outline of the provisions of this worthy Bill has persuaded hon. Members of the merits of giving it a Second Reading and minimised the necessity for an extended debate.
Mr Nuttall
I have to say that the issue has never been raised at one of my surgeries, and it has obviously not been raised at one of my hon. Friend’s surgeries, but by the sound of it, it is a problem all over London, and even as we speak, cars are colliding with skips. Of more interest is the fact that clause 13 relates to the immobilisation of builders’ skips. I am disappointed that we have not yet been able to hear how those skips are to be immobilised, but I look forward to a future debate when we will find out how that will take place.
I referred in an intervention to clause 16 in part 4. The clause relates to gated roads, and I shall not comment further on that. As we know, clause 17 relates to pedicabs, and it has been placed on the record that the clause is to be withdrawn. Part 5 relates to charging points for electric vehicles. If legislation is needed because of a surge in the number of electrical vehicles, surely it should be considered on a national basis. This is the one part of the Bill where a case could be made for that. The idea that owners of electric vehicles in London will stop when they get to the boundaries of London is faintly ridiculous. As my hon. Friend the Member for Christchurch (Mr Chope) has suggested, the correct way to deal with that would be through the use of planning legislation.
The Bill’s final clause is another new clause that was not in the original Bill. It would repeal provision in, and make minor amendment to, the London Local Authorities and Transport for London Act 2008. My hon. Friend the Member for Harrow East might be able to confirm whether that Act had been a private Bill.
Mr Nuttall
It was a private Bill. Well, there we go. That Bill had not been passed when this one began life, which is amazing, as this Bill is being used to correct that Act. I think I have demonstrated that there is merit in examining these Bills. My very final point shows that even as this Bill was beginning life, the House allowed a defective Bill to be passed. This Bill has been overtaken by events, as I have attempted to demonstrate, and the best thing for it, the promoters and the taxpayers and residents of London would be for my hon. Friend to withdraw it. If he does not, I strongly urge the House to vote against the Bill on Second Reading.
Oral Answers to Questions
Bob Blackman Excerpts(13 years, 7 months ago)
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Bob Blackman (Harrow East) (Con)
1. What assessment he has made of the effect on his Department's budget of repairs required to the M1 following the recent fire.
The Parliamentary Under-Secretary of State for Transport (Mike Penning)
I want to praise the effective firefighting by Green Watch of the London fire brigade, particularly led by Mill Hill fire station, at the incident on the M1. I also want to praise the Highways Agency and Connect Plus for doing so much work underneath the bridge, which I saw myself.
That section of the M1 is under a managed contract agreement with Connect Plus. The contract indicates that there is a repair and insurance responsibility to the contractor, and no costs will be borne by the Department for Transport.
Bob Blackman
The incident occurred over the busiest weekend at Wembley stadium, where the FA cup semi-finals were taking place. It affected three of the teams quite severely—although it did not affect Manchester United fans from Surrey very much. [Laughter.] Members got it in the end. It also caused traffic congestion on the M40 and throughout my constituency. What action will the Minister take to ensure that across the country there is appropriate storage under motorways in future?
Mike Penning
For most of that weekend I was underneath the bridge once the fire was finished and while remedial work was done to install 250 tonnes of steel to secure the bridge so that it could be reopened. The Secretary of Sate has already announced a review of what works can be done and what can be stored under bridges. When that review reports in the next few weeks, we will look carefully at its findings.
Oral Answers to Questions
Bob Blackman Excerpts(13 years, 10 months ago)
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Bob Blackman (Harrow East) (Con)
4. What her policy is on the hosting of civil partnership ceremonies in religious establishments.
The Secretary of State for the Home Department and Minister for Women and Equalities (Mrs Theresa May)
In June 2010, the Government published “Working for Lesbian, Gay, Bisexual and Transgender Equality”, which made a commitment to talk to interested groups about what the next step should be for civil partnerships, including on this issue. The Government have held a number of meetings on the topic with various groups, including those representing faith groups, lesbian, gay and bisexual people and the registration service. We will announce the next steps in due course.
Bob Blackman
I thank my right hon. Friend for that answer. Many religious groups are openly hostile to the concept of civil partnerships because it offends their religious doctrine. Lord Alli’s amendment in the other place would permit ceremonies within religious establishments. Will my right hon. Friend confirm that the Government do not intend to introduce compulsion for religious organisations that do not want to have civil partnerships in their buildings?
Mrs May
My hon. Friend raises an important point. This was a significant part of the debate when Lord Alli’s amendment to the then Equality Bill went through in the House of Lords before the general election. It is clear in his amendment that this is a permissive power, and that is the basis on which the Government are operating. We have no intention of introducing any element of compulsion. It will be for religious groups and faith groups to decide whether they wish to take up this opportunity.
Oral Answers to Questions
Bob Blackman Excerpts(14 years, 6 months ago)
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Norman Baker
It is something of a record to ask a Minister whether he might consider resigning when he is answering his first departmental question. I am happy to assure the hon. Gentleman that the coalition—both parties—are committed to free bus travel for older people, as I set out. Indeed, that is enshrined in primary legislation, so I think that his fears are groundless.
Bob Blackman (Harrow East) (Con)
The Labour Government reduced the grant for the bus concessionary scheme in London by some £25 million quite late on in the process. Will the Minister confirm that the coalition will not do anything similar to the council tax payers of London?