Canterbury City Council Bill

Chris Heaton-Harris Excerpts

Monday 5th July 2010 Commons Chamber

[Mr Davey]

Let me reassure my hon. Friend that my right hon. Friend the Secretary of State for Business, Innovation and Skills and I, and many right hon. and hon. Friends across the coalition, do not seek to burden the statute book with unnecessary legislation. As I said in response to a previous intervention, if we are careful in how we shape our response to the consultation and those genuine issues, we might see some deregulation and actually make it easier for local authorities to manage existing regulation. There are some difficult judgments to make and some of the issues are clearly not as well understood as they might be, so it is the Government’s job to give a lead and greater clarification.

The consultation deals with many practical issues. For example, is it sensible that pedlar certificates are available from individual police stations and that it falls to the police to manage the system? If not, then perhaps as discussed in the consultation document the local authorities are better placed, as many of them already license static street traders. Bringing together the systems might assist in reducing some of the burden. Not all local authorities take up the option to regulate street trading, so is it fair on local authorities that have no desire to regulate street trading that we should ask them to certify pedlars, given that we would not want to limit the availability of pedlars certificates geographically? These are the issues with which we are struggling.

[Chris Heaton-Harris (Daventry) (Con)]

I was taken aback by the point that the Minister made about the services directive. I was a Member of the European Parliament when that went through, and we had hours of debate on it. It is one of the bizarre European examples of the law of unforeseen consequences that it should have some bearing on what local authorities do when it comes to allowing pedlars to trade on their streets. When the European Scrutiny Committee looked at the services directive—it wrote a long report on it—did it consider that point? What other unforeseen consequences might flow from that directive?

[Mr Davey]

My hunch is that those who considered that legislation did not have the issue of pedlars at the forefront of their minds. There has been debate about whether the services directive applies in this area, and I have given my view that it probably does. However, in a way, given the itinerant nature of pedlary, it may be one of the more happy unforeseen consequences, because the entrepreneurial spirit that exists in British pedlary may make them one of our new exports to the continent. I do not see a particular problem. I suspect—although I have done no study—that in French, German, Spanish and Italian towns street trading and pedlary are more heavily regulated, and the services directive may give some extra freedoms where there were none before.

[Chris Heaton-Harris]

I assure the Minister that in the European Parliament there was no debate on whether pedlars fell within the scope of the services directive, although we discussed many issues and there were battles left, right and centre. The wonderful former Labour MEP for the East Midlands, Phillip Whitehead, who was an assiduous follower of such matters, always used to say that the problem with every European law was not what was at issue, but the unforeseen consequences that flowed from it. This is another prime example of the problem with well-meaning European legislation that works in many areas, but may not do so in this one. In any case, it was not debated in the chamber of the European Parliament.

[Mr Davey]

My hon. Friend does not surprise me. His point however shows the need for careful scrutiny of the legislation and it is fair to say that the Bills we are considering have had a degree of scrutiny.

I hope that I have been able to illustrate that the Government are sensitive to the different perspectives of the stakeholders involved in these matters and their differing views on how to achieve a fair trading environment on our streets that will ensure that they are joyful places to shop and prosperous places for traders. I hope that I have been able to convey to the House that, while in many respects talk of pedlars and street traders might seem quaint, the issues under consideration are very serious, because they affect the livelihoods of small business people and speak to the type of society and trading environments that we want to promote and to see flourish.