Deregulation Bill

Bob Stewart Excerpts

Monday 23rd June 2014 Commons Chamber

[Tom Brake]

I did not know that Magna Carta touched on the matter of parking, but I am better informed as a result of my hon. Friend’s intervention.

Still on parking, my right hon. Friend the Member for Wokingham touched on complicated parking signs and rules. Local authorities should ensure that signs are appropriate for parking restrictions. If they are not, drivers may complain to their council. If they receive a ticket, they have a free appeal to the local council and then a free appeal to the adjudicator if the council decides against them. I am sure that he is aware of that and will have referred many a constituent to the adjudicator in relation to disputes over parking tickets. The Government announced over the weekend that local residents and local firms will be able to demand a review of parking in their areas, including charges and the use of yellow lines.

We then had a contribution from the hon. Member for Bolton West (Julie Hilling) who described a distressing incident involving a young constituent of hers. I am sure that we all wish to convey our sympathy to her constituent for what was clearly a very traumatic incident. I do not know whether she has pursued with her local authority its participation in the disclosure and barring service, which may have been able to identify a problem with that particular driver. The hon. Lady went on to say that what we propose in this Bill will make matters worse. Again, I dispute that. We have had many comments from the Opposition saying that the Government will make matters worse, but they have offered little to substantiate those allegations.

The hon. Lady referred to the risk of the public using an unlicensed taxi. The measures to allow off-duty use of private hire vehicles relates not to taxis but to PHVs or mini cabs. In London no issues have been reported to the Department by Transport for London. As I have stated on a number of occasions, the Law Commission recommended this measure. In fact, it may go further as it calls for off-duty use of taxis, too.

[Bob Stewart (Beckenham) (Con)]

Is it correct that a person who runs a licensed taxi company, for example, is responsible for everyone who drives for that company? If so, that person has the responsibility to ensure that his or her drivers act properly and are properly checked.

[Tom Brake]

Certainly, that is my understanding. The operator is licensed as such and needs to check all the drivers who are used by that firm.

--- Later in debate ---

[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.