(12 years, 10 months ago)
Commons ChamberAgain, I differ with my hon. Friend. It is a function of the quality of the legislation. A good Bill that is well drafted and commands popular support will go through very quickly, as we saw earlier in this Session with the private Member’s Bill promoted by my hon. Friend the Member for Woking (Jonathan Lord). He hardly had a chance to get a word in edgeways on his own Bill—his maiden Bill—because it sped through all its stages, and that is because it was well drafted, pertinent and met a need.
The hon. Gentleman talks about popular support. Is it not significant that not one single Member of Parliament from London who will be affected by this Bill has spoken in opposition to it? Does not that suggest that there is popular support for it?
I see that the hon. Gentleman and the hon. Member for Clwyd South (Susan Elan Jones) are the only two representatives on the Opposition Benches. I interpret the lack of attendance from London Members differently. Is it not extraordinary that a Bill which, we are told, is so essential to the well-being of the people of London has received no support from large numbers of London Members? I would expect them to be here in droves, intervening and saying how antisocial I am.
That is the more proper interpretation of the fact that there are no London Members in the Chamber with the exception of my hon. Friends the Members for Finchley and Golders Green and for Harrow East (Bob Blackman). I congratulate the latter on his assiduous attendance in such debates and on receiving the accolade of sponsoring subsequent private Bills on behalf of London local authorities. I understand he will take over from my hon. Friend the Member for Finchley and Golders Green the onerous responsibility of sponsoring London local authority private Bills because the latter has decided that one is enough. With the exception of my two enthusiastic hon. Friends there is a conspicuous absence of London Members in the debate.
Clause 9 is seriously flawed and ill-conceived. In the end, it will result in people who are innocently trying to sell their motor vehicles to get the maximum benefit will find themselves on the wrong side of some officious council officer. They will then find that their vehicle is seized or suffer another penalty. If clause 9 is passed and gets on to the statute book, the real villains of whom we have heard—those who park large numbers of cars on the highway, perhaps with labels in them saying that they are for sale on the internet—will escape scot-free. The innocent bystanders, so to speak, will find themselves suffering penalties as a result.
In practice, if the local authority wants to restrict parking on the highway, it can introduce parking controls—it has the power to do so. Why should not licensed vehicles, as they must be, be parked in a lawful place on the high street or the public highway? Does the fact that they have a label inside saying that they are for sale cause any offence? I suspect it does not—
The hon. Gentleman says from a sedentary position that it does cause offence. If he thinks so, why does he not get something done about it in his local authority area? Why does he not campaign for a public Bill to deal with that? I find the Opposition spokesman’s support for this partisan legislation quite bizarre. He seems to think that his local authority suffers similar problems to London local authorities, yet he is doing nothing about it at the same time as imposing upon the people of London new burdens and responsibilities. I hope in due course we will hear more from the hon. Gentleman and that he will expand on his views.
I very much concur with the contribution made by the hon. Member for Finchley and Golders Green (Mike Freer). Far from there being a lack of support for the Bill from London Members, I remind hon. Members that on Second Reading, there was considerable representation on both sides of the Chamber and hon. Members spoke with enthusiasm for the provisions. It is very unfair for hon. Members today to suggest that the lack of Members in the Chamber justifies their stance.
The hon. Gentleman will know that since the Bill was debated on Second Reading, the Opposed Bill Committee has deleted quite a lot of its contents. Given, as he says, that the Bill was supported so enthusiastically on Second Reading, is it not possible that the reason why so few people are interested now is that so much of it has been deleted?
I suspect that that might be part of the explanation. I regret that some of the clauses were removed in Committee, particularly the ones relating to food hygiene—the scores on the door proposals—and to houses in multiple occupation. Having said that, the Bill is still worthy of support from this House. If these measures are subject to a Division, I urge hon. Members to do the right thing and support the Bill.
The hon. Members for Christchurch (Mr Chope), for North East Somerset (Jacob Rees-Mogg) and for Shipley (Philip Davies) have subjected us to a range of fairly spurious and absurd criticisms of the Bill. They have enjoyed poking fun at local authorities, which is an indication of their lack of support for local government and what local authorities do in our communities. The Opposition take the view that local authorities are very much a force for good. They are a form of government that is close to the people whom they serve. Elected members at a local level—local councillors—do an excellent job in representing and standing up for their constituents. This Bill has the support of all 33 local councils across London of every political persuasion, so it has cross-party support. It gives local authorities in London the ability to stand up for their communities and the residents who elect them.
It is not absurd. It is the hon. Gentleman who has been making a number of absurd criticisms. The point is that this Bill has cross-party support; all 33 London councils support the powers that this Bill would give to them to stand up for their communities. There are very real problems that this Bill will help to address.
The hon. Gentleman talked about freedom. It seems to me that he wants to stand up for the freedom of an individual to act in an antisocial way. What about the silent majority of decent, law-abiding citizens whose neighbourhoods are often blighted by the activities of a small minority? If this Bill is passed, it will give local authorities, where it is appropriate and necessary, an ability to address those concerns of local residents. At the moment, local authorities are in many ways powerless to deal with the problems that confront them. It is important that this House gives local authorities the tools that they need to do their job.
Let us be clear about this. One hon. Member—I cannot remember whether it was the hon. Member for Christchurch, the hon. Member for North East Somerset or the hon. Member for Shipley—talked about the austere times in which we live. I accept that that is true and that local authorities are being subject to unjustified cuts. The problem is that if these measures are not agreed today and local authorities are not given these new powers, the cost of dealing with the consequences of the sorts of activities that we have been talking about will be that much higher. I cannot believe that the Government Members who oppose the Bill think it a good idea that we should deny local authorities the ability to address more effectively problems that not only blight neighbourhoods and the lives of ordinary people, but cost council tax payers in those local authority areas considerable sums. Surely it is far better to give local authorities the powers to deal with those problems and put in place the deterrent measures provided for in the Bill, which might help to stamp out problems that are a cause of considerable concern.
Does the hon. Gentleman not accept that on issues as fundamental as civil liberties we should have national laws rather than local laws? Is it not incumbent on this House to speak not only on behalf of the residents of London, but on behalf of the people who come to London—the visitors, the people who work in London and those with other interests in London? Is it not our responsibility to look at the big picture, rather than the sectional interest?
If I may say so, the hon. Gentleman seems to be overstating the civil liberties argument. In my view, this is not an illiberal Bill in any way, shape or form, nor does it impinge on the civil liberties of decent, law-abiding citizens. Surely he can see that it is sensible and proportionate to give local authorities the tools they need to address the genuine concerns of large numbers of their constituents about what are significant problems. Surely he can see that if we do not give local authorities the tools to do that job, the whole political process is brought into disrepute. When constituents approach their Member of Parliament or their councillors to ask for assistance in finding a resolution to the sorts of issues that this Bill would deal with, and find that they are unable to assist them, people lose faith in the political process. Surely that is a more important issue than some spurious argument about civil liberties.
The hon. Gentleman is putting words into my mouth. I did not say that civil liberties were a “spurious issue”. My point is that he and his hon. Friends are using the civil liberties argument in a spurious way.
As for my constituents coming down to London, if the hon. Gentleman reads the relevant clause in the Bill, he will see that it deals with the anxiety—if it is a genuine anxiety—that he has expressed. The Bill is clear that a designated individual from the council would have to demonstrate their authorisation to seek the information that they were requesting, so that issue is dealt with. However, the vast majority of people coming from Derby to visit our great capital would have no difficulty with council officers as a result of the Bill. This Bill is about ensuring that local authorities can stand up for the silent majority—in other words, the vast majority—of those living in London, who want local authorities to be able to respond effectively to local residents’ concerns about a range of issues that the Bill would go some way towards addressing.
To dwell a moment more on the issue of Derby, is the hon. Gentleman content that under the Bill a council officer or accredited person from London could go to one of his Derby constituents and serve a fixed penalty notice on him that had resulted from a parking offence in London, whereas a similar official from Derby council could not go to the same resident to serve a fixed penalty notice in relation to an offence committed in Derby?
(14 years, 2 months ago)
Commons ChamberAbsolutely; I hope that that is what the Government believe as well, even though my hon. Friend has expressed his concern that that might not be so. Time will tell.
“Localism” is a good term, but it was rejected by Front Benchers in relation to pedlars. I remember Front-Bench colleagues during the previous Parliament arguing that there was a strong case for having national legislation on pedlars, so that there could be consistency across all local authority areas. There is also an enormously strong case for saying that we need consistency in the application of the criminal law, and that people should not have their goods seized unless there is a reasonable belief that they have committed an offence.
May I briefly revert to the petition of the Society of London Theatre and the Theatrical Management Association, as I do not think that my hon. Friend the Member for Finchley and Golders Green really addressed the concerns set out in it? They are concerned that commercial theatre in London, which is not finding it easy in the present economic climate, is going to be burdened with additional charges as a result of clause 8. The petition submits that its members are already making their own arrangements for the cleaning of the pavement and so forth, and that the basis for the additional charge has not been made clear. The petition submits that the existing wording of section 115F of the Highways Act 1980 is sufficient in so far as it enables London borough councils to recover their reasonable expenses in connection with the granting of permission to put items on the pavement. I hope that the promoters will address that concern before the Bill makes further progress.
Let me move on to clauses 9 and 10, which deal with what is colloquially known as Scores on the Doors—a system intended to ensure that the people providing catering services at retail food outlets have to display their standing by putting up a notice in the window. A petition against this has been drawn up by the British Hospitality Association and another petition has come from the pubs organisation, the British Beer and Pub Association. Both those petitions highlight the fact that there should be a voluntary aspect to this scheme, but London councils are usurping the position of the Food Standards Agency, which has already said that it thinks these issues should be a matter for voluntarism.
My hon. Friend the Member for Finchley and Golders Green has said that he and his council have no faith in the Food Standards Agency. If he brings forward a Bill to abolish the Food Standards Agency, my hon. Friend the Member for Shipley (Philip Davies) and I will strongly support it. In fact, we put in a bid to become co-sponsors of such a Bill, but unless and until the Food Standards Agency is abolished, the reality is that it has the responsibilities given to it by Parliament. It ill behoves a group of councillors, however experienced they might be, to second-guess that organisation and say that it has no faith in it and is therefore going to try to duplicate its role and go further than it has gone.
Does the hon. Gentleman agree that it is appropriate for local authorities to seek to protect the public whom they represent? Does he not accept that the Scores on the Doors scheme has had the effect of driving up standards in pubs, clubs and restaurants that provide foodstuffs for the general public?
The hon. Gentleman’s intervention is timely, as I was just going to refer to Scores on the Doors, which has been described as a national food hygiene rating scheme. I downloaded material on it from the internet earlier today, which made it clear that Scores on the Doors is a commercial organisation, describing itself as
“the No. 1 national food hygiene rating scheme”,
enabling official local authority hygiene ratings for food businesses to be found.
Scores on the Doors is the largest such scheme in the world, but it does not cover all local authorities. According to the internet site, there are 124 contributing councils, but interestingly not all the London councils are included in that number. It does not include the London borough of Wandsworth, which I had the privilege to lead some years ago. I am immediately alerted to the fact that even the Scores on the Doors scheme is not universally accepted by London boroughs, let alone by councils more widely across the country.
Someone wishing to search for one of the premises listed on the internet will find that there are 145,931 of them. That is the number of premises that will be affected by legislation second-guessing the Food Standards Agency and introducing a national requirement, subject to criminal penalties for non-compliance. I looked for a reference to a restaurant in my area, but to gain further access to the website I had to accept a general disclaimer. The disclaimer is quite interesting, because it shows that even Scores on the Doors is by no means a panacea:
“The information on the food premises listed here is held by us on behalf of our member local authorities. By accepting this disclaimer, you are submitting a request… to the relevant local authority for the disclosure of summary inspection reports under the Freedom of Information Act 2000.”
It also states:
“The information… has been gathered by authorised Environmental Health Officers”.
However, it goes on to say:
“The hygiene rating given to premises on this web site has been based on the latest Primary Inspection carried out and as such represents the situation as found by the officer on the day of that inspection. Therefore the score may not be representative of the overall, long-term food hygiene standards of the business and should not be relied upon as a guide to food safety or food quality.”
Yet the London boroughs are seeking not only to encourage but to require premises to put up signs which are meaningless. If they do not do so, they will be subject to penalties up to scale 3. If they deface the signs—perhaps by adding material from the internet, such as the extract that I have just read out—they may be subject to a penalty on scale 5.
The situation is ludicrous. I am sorry that my hon. Friend the Member for Finchley and Golders Green did not have a chance to go into more detail, because if he had done so even more people would be saying that the Bill goes far too far, and that it would be best to make a fresh start.