Christopher Chope
Main Page: Christopher Chope (Conservative - Christchurch)London Local Authorities Bill [Lords] (By Order)
Christopher Chope Excerpts(13 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text
Mike Freer (Finchley and Golders Green) (Con)
I beg to move, That the Bill be now read a Second time.
This is the 10th London Local Authorities Bill and it is promoted on behalf of the 32 London boroughs and the City of London Corporation, speaking for Londoners. Although many of us would prefer a reduction in regulation and a lessening of the intrusive nature of government both national and local as that is a laudable aim, we have a responsibility to address the real issues facing Londoners.
Mr Christopher Chope (Christchurch) (Con)
As he represents Finchley and Golders Green, my hon. Friend will be aware that today is the 85th anniversary of a distinguished predecessor as Member for that constituency, the noble Baroness Thatcher. Has he had a chance to speak to the noble Baroness about whether she agrees with the proposition he has just put to the House, namely that there is an excuse for why we should not be deregulating but that instead we need to regulate more?
Mike Freer
The last time I spoke to the good lady we discussed many things but the London Local Authorities Bill was not one of them. Having said that, however, I know that she took a great interest in the environment. In fact, she was the Prime Minister who pushed through much of the Environmental Protection Act 1990, and many of the regulations we are now seeking to give local authorities power over will allow them to clean up and make the polluter pay. I therefore have no doubt that the good lady would be supportive of the thrust of these proposals even though she is, of course, averse to regulation in itself, as I am too.
The Bill allows local councils to combat the many problems and their effects that we now face in our daily lives. There is a difficulty here in that many of us in this House would like to turn back the clock to a gentler age but, sadly, we live in an irresponsible society in which many traders or other individuals can cause problems for our residents.
The Bill’s main purpose is to replace certain existing regulations and consolidate others. The regulations addressed include those dealing with the sale of vehicles on the highway, nudity in bars, tenant safety in houses of multiple occupation and issues that have serious implications for public health. The Bill seeks to introduce clarity into consumer protection here in London, particularly in respect of food hygiene and the sale of vehicles.
I would like to explain some specific provisions, in order to help Members to come to a decision on the Bill. Let me turn first to clause 4—I do not mean to excite Labour Members by referring to that phrase. Clause 4 allows police community support officers and, most importantly, other authorised individuals—predominantly civil enforcement officers—to require people to give their names and addresses when penalty charge notices have been issued. At present, people are not required to provide that information, thus making enforcement difficult. This measure is particularly important in respect of decriminalised offences such as littering. Those of us who live in urban areas will know the scourge that is the litter left on our doorsteps on a daily basis. That costs all of our councils millions of pounds to clean up. This provision will allow councils to recoup that cost by being able to force those who cause the litter to pay a fixed penalty charge or to pay for the cleaning up. If we believe in the “polluter pays” principle, we should support this provision. Some people might ask whether that is not the role of the police. If we want our police to focus on more serious crimes, it is essential that we allow such low-level crime to be dealt with by civil environment officers and PCSOs. I therefore urge Members to support this clause.
Mike Freer
My hon. Friend makes a good point. Some operators, such as McDonald’s, are very responsible and do provide regular litter patrols. However, other fast-food operators, in particular the smaller ones, but even some of the national chains—I shall not give names, but one is at the end of my road—simply do not provide them. They take no responsibility for the litter that they generate outside their premises, nor do they try to persuade their customers to act more responsibly. The Bill would allow local councils to deal with both instances.
Mr Chope
My hon. Friend must be aware of the concerns of the Society of London Theatre and the Theatrical Management Association. They feel that their members already pay significantly and that this measure will be an additional charge on them. Those bodies have petitioned against the Bill, so what plans does he have to address their concerns?
Mike Freer
We do not know what those specific concerns are; I have certainly not been made aware of the detail, but I would be more than happy to give it some close attention because, as a former leader of a London borough, I have some experience in dealing with street licensing. I share my hon. Friend’s concern that many of our businesses pay large sums in business rates, but that money does not go back to the local councils in full. In fact, my local authority is a net contributor of £20 million a year in business rates. I understand the concerns of business, but the real issue, which the Treasury needs to address, is that of having a fair distribution of business rates so that businesses in London do not feel they are paying twice. That does not address the problem we face with litter caused by street trading in London, and it has to be addressed. I do not think it is fair that the council tax payer has to pick up the bill, although I understand the concerns that my hon. Friend raised.
Clauses 9 and 10 are slightly meatier parts of the Bill. They deal with food hygiene, particularly for those businesses involved in the production, processing and distribution of food, requiring them to display their most recent hygiene star rating. In many London boroughs this has been a voluntary scheme and it has performed reasonably well. However, the London boroughs have come together and feel that this needs now to be put on a statutory footing. Over the years, environmental health has become something of a Cinderella service—I hope I am not being too blunt—in that it has been subject to spending reductions. Again, I return to the fact that many London councils will continue to be underfunded and will, in the next few years, have to make ever more efficiency savings and be required to do more with less. Over the past few years, that has led to a risk-based assessment for food hygiene. That means that a good establishment is inspected and receives three, four or five stars and is then left alone for 18 months or so. An establishment that gets one star immediately becomes higher risk and is subject to more frequent inspections, which could take place the following day or the following week. As it is a light-touch, light-regulation regime, the consumer needs some protection. The information on standards should be provided to them at the point of entry to the establishment or should be clearly visible when they are at the establishment.
I do not think that it is unreasonable that food establishments should be required to display their most recent grading. I understand that some members of the British Hospitality Association are concerned that if they get one star, they will be stuck with it. However, a one-star establishment is high risk and will therefore be re-inspected pretty quickly. Nevertheless, I am happy to say that I think that the promoters of the Bill are willing to consider whether those who scored poorly should be able to pay for a quick inspection, if they feel that they have had an off day, in order to improve their score. I think that is quite reasonable.
Mike Freer
I understand the concern that big operators can dominate the appeals process. That is why larger operators are probably less likely to be high-risk establishments. I understand the concern about burdening our local businesses, but there was an instance in my constituency in which a long-established butcher put many local pensioners into hospital because of its food hygiene standards and the way that chopping boards were used. It was not a chain, but it was a reasonable-sized local business that had been there for many years and had a good reputation among the public. Sadly, it had a bad reputation among environmental health officers. Had there been a grading system on the door, the public might have had a slightly better inkling as to the standard of food hygiene on the cutting boards, which put two or three pensioners into hospital with serious food poisoning. I am keen to avoid regulation, but we have a responsibility, at times, to ensure that consumers have some protection.
Mr Chope
Does my hon. Friend accept that the Food Standards Agency, which has been given a national remit to look into these areas, believes in the principle of voluntarism? It is very concerned about introducing a mandatory requirement for premises to put signs on their doors that might reflect the result of a survey or inspection that was carried out many weeks or months previously.
Mike Freer
I am surprised that my hon. Friend is lauding a national regulatory quango while arguing against regulation. That seems slightly contradictory. Personally, I have no faith in the FSA. In my time as the leader of a large council that had many food outlets in the borough, I had no knowledge of what the FSA did in the borough, of any prosecutions that it brought to bear or of how it improved food standards. London councils, environmental health officers and practitioners on the ground say that we need a system that provides information to consumers so that they can have consumer protection if we are to have a local, light-touch regulatory regime and if we are not to have environmental health officers knocking on doors every week, which clearly is not going to happen.
Let me address clauses 11 to 20 on houses in multiple occupation. The measures give councils the power to issue management notices on the owners of defective HMOs. There are various amendments, one of which is rather minor, regarding the method of doing so—by post as opposed to registered post. One area that my hon. Friends will be pleased about is the simplification of regulation. Currently, if a housing team believe that an HMO operator is operating unsafe premises, they have to go through a fairly convoluted matrix of assessing the risk, the implications, what needs to be done to be put it right and the relevant time scale. That is very resource-intensive, and is particularly onerous if the issue is simply a damaged stair or a wonky banister. The measures allow councils to simplify that process. Normally, that would involve a 24-hour notice period, but the proposal would allow local councils to waive or avoid that 24-hour notice period if a tenant’s health or safety were at risk.
Mr Chope
My hon. Friend will know that no less a person than the right hon. Member for Salford and Eccles (Hazel Blears), Secretary of State for Communities and Local Government in the previous Government, has expressed concern about the measure, and indeed opposed part 4 because she believed that further legislation was not necessary. She was particularly strongly against the idea of giving powers in relation to the fitness of HMO stock in London that were not to be given for the rest of England. To what extent will the Bill’s promoters respond to those concerns, because they do not seem to have responded to them so far?
Mike Freer
My understanding is that the promoters have responded in that the power to seek entry is now restricted to the directors, assistant directors and one named individual, and is no longer a more wide-ranging power for members of the housing team. The proposers have offered that restriction and I am sure that we can deal with the matter if the Bill is considered in Committee.
Mr Chope
I am grateful to my hon. Friend for giving way once again and I am sorry to have to criticise him on this matter. If he looks at the report produced by the former Secretary of State, he will see that there were two separate issues: total opposition to everything contained in part 4 and concerns over provisions relating to powers of entry under clause 21 in part 5. I accept that modifications have been made in the latter case, but he will also be aware that, even subsequent to that, the former Secretary of State was still not quite sure that those concessions or amendments were sufficient.
Mike Freer
I cannot speak for the Secretary of State or the former Secretary of State, but perhaps the Minister wishes to give us some insight into the Department’s view. I am sorry to land him in it, but I cannot speak for him. I understand the concerns, but having a power of entry that is restricted to named individuals or senior members of the housing team is not unreasonable if a tenant is at risk.
I point out to my hon. Friend the Member for Christchurch (Mr Chope) the fact that many HMOs are now operated by offshore companies or overseas owners. Therefore, tracking people down and serving a notice can be particularly difficult. This proposal would allow housing officers to gain access in circumstances where they might be frustrated by an absentee landlord. I am sure that the specific issue and the concerns expressed by the former Secretary of State can be addressed if the Bill reaches Committee.
Mike Freer
The hon. Gentleman makes a good point. If we get to Committee stage, we can consider defining reasonable grounds for entry and the provision of a record of why, who and when. The problem is not insurmountable.
I shall make progress and deal with some of the other significant clauses, particularly clauses 26 to 28. Members are aware that there have been problems in Westminster concerning hot dog vendors. The City of Westminster has been effective in dealing with those rather disreputable vendors, and the proposal allows the council to confiscate the trolleys as they hit the pavement. It provides Camden council with the same powers. I should point out that the measure does not impact on street pedlars, a subject in which some colleagues in the House take a particular interest.
Clause 25 deals with a problem in many residential areas. Historically, we have seen lines of parked cars for sale causing an obstruction, particularly in residential streets, and causing a nuisance to local residents. These unregulated car dealers have got round placing a handwritten note in the window by advertising the cars on the internet, and possibly holding out as a private seller, meeting the potential purchaser on the pavement. The proposal allows councils to prohibit that and gives some consumer protection to local residents from such rogue traders.
Mr Chope
I am sorry that the Whip thinks it unreasonable for my hon. Friend to give way. I think it is very reasonable for him to give way. That is how we make progress in the House on contentious legislation. Can my hon. Friend explain whether the vehicles that he has in mind are already licensed with the Driver and Vehicle Licensing Agency, and whether they have resident parking permits if they are in areas with residents parking? If they have those permits and the licence has been paid in respect of each of those vehicles, what is the problem?
Mike Freer
The problem is that it is already an offence to advertise cars for sale on the highway. Even if the seller is a private resident selling a car outside his own house, that is an offence. Over the years we have seen a proliferation of rogue dealers with five, six or 10 cars for sale on the highway, previously with handwritten stickers in the window, pretending to be private sellers. Purchasers would not get the consumer protection that they would by buying from a normal dealership. Owing to the prohibition of such advertising, people have moved their activities on to the web, so the Bill allows for the same prohibition to apply to sales on the internet. It does not affect people trying to sell their own car through a local newspaper; it enforces the existing law, whereby it is illegal to sell a car on the highway, and extends it to the internet.
Mike Freer
My hon. Friend makes a good point, but the Bill deals with only the removal of an obstruction on the pavement. It is a valid point that I am more than happy to take away to the Bill’s promoters, however.
I understand that many Members might be concerned about increasing the regulatory burden, but I urge them—
Mike Freer
I shall make progress, because I have been generous with my time.
We need to ensure that Londoners are protected. Consumer protection is important, and the Bill will not only allow local councils to adopt regulations when it suits their local needs, but more importantly put information at the disposal of London residents for their own protection.
Robert Neill
I have enjoyed sitting outside the occasional premises myself in the past, and the hon. Gentleman is right. It is entirely a question of getting the right balance, and I hope that we can do that with some good will as the Bill makes progress.
Robert Neill
I will on this occasion, although I might not be as generous as the Bill’s sponsor throughout the whole debate.
Mr Chope
I find that rather disappointing, because I do not seek to intervene unless I have a question.
The Minister says that he and Ministers from other Departments such as the Home Office will have to reflect on the contents of the Bill, but it has been around since 2007 and the coalition Government have been in office for many months. How will those deliberations reach a conclusion, and how will it be communicated to the promoters of the Bill and other people who are interested in the subject?
Robert Neill
I do not believe the Department for Communities and Local Government can be accused of having twiddled our thumbs unduly. In fact, a number of people would argue the contrary. Our officials are already in discussions with the promoters of the Bill, as are those of other Departments. Difficulties sometimes arise because a number of Departments have an interest in a Bill of this kind, and it is important to get it right, so I do not believe there can be any criticism of the current Government. It is in the nature of private Bills that they sometimes progress more slowly than other types of legislation. I do not intend to disappoint my hon. Friend gratuitously when he seeks to intervene, but equally I am sure that the House will want to make progress.
I wish to touch upon a matter where I understand the point that my hon. Friend and other Members have made. The Government have made a clear pledge to reverse the erosion of civil liberties and roll back the state’s power to intrude on citizens. That is an important principle and may be pertinent in considering some of the provisions on houses in multiple occupation in parts 4 and 5 of the Bill, which have been mentioned. It may help if I offer a little detail.
The Housing Act 2004 introduced a range of measures intended to improve the management standards and condition of privately rented accommodation such as HMOs. It provided local authorities with extensive tools and powers to take action when the condition or management of HMOs falls below required standards. It introduced mandatory licensing of larger, higher-risk HMOs and provided local authorities with the discretion to extend licensing to other categories of HMOs to address particular management problems in smaller properties. It also introduced management regulations for all HMOs, regardless of whether they are licensable, which local authorities can use to take action when they find management problems in specific properties.
HMO licensing works alongside the housing health and safety rating system, which was also introduced in 2004, under which local authorities can make a risk assessment of the likely impact of property condition on occupants of privately rented accommodation. When that happens and when a category 1 or 2 hazard is identified, local authorities have powers to impose improvements.
Of course, failure to comply with an improvement notice and a breach of the HMO management regulations are already criminal offences. Both the licensing and the housing health and safety rating system regimes provide local authorities with an extensive enforcement framework to take action in cases in which the condition and management of HMOs fall below required standards.
Therefore, with regard to part 5 of the Bill, the existing powers-of-entry provisions in the Housing Act 2004 provide local authorities with extensive powers to enter properties and to take immediate enforcement action in cases in which the condition and management of the property falls well below required standards. In such cases, local authorities are required to give a minimum of 24 hours’ notice to the owner and occupiers of a property prior to an inspection. However, in emergency cases—those that involve an imminent risk of serious harm to the health and safety of any occupier of a property or when it is suspected that an offence has been committed in relation to HMO licensing—local authorities may enter the property immediately without giving notice. The legislation also requires authorisation by a deputy chief officer to ensure that such powers are used in the appropriate circumstances, where the severity of the case warrants emergency action.
As I have said, the Government pledged to reverse the erosion of civil liberties and to roll back the ability of the state to intrude on citizens. Extending the powers of entry beyond those that exist would therefore, on the face of it, tend to undermine the purpose of the freedom Bill, which is delivering a key objective of the coalition Government. We have also made it clear that we do not propose to introduce new burdens on the private-rented sector. The Government therefore oppose parts 4 and 5 of the Bill. However, I recommend further consultation between the Bill’s proponents and my officials at the Department for Communities and Local Government to see whether improvements can be made that sit in harmony with the Government’s wider civil liberties ambitions.
Mr Christopher Chope (Christchurch) (Con)
It is a great pleasure to participate in this debate. If some of us had not objected to the Bill going through on the nod on Second Reading, we would not be having this useful debate. We would not have heard my hon. Friend the Member for Finchley and Golders Green (Mike Freer explain why he thinks the Bill is a good one, nor would we have heard the Minister say what he thinks all the Bill’s shortcomings are. He suggested that clauses 11 to 22 inclusive should be deleted, because he does not support them, and that clause 23 is redundant. It is useful to get that on the record.
This has also been a useful debate because we have been able to welcome the hon. Member for Derby North (Chris Williamson), who made his maiden speech from the Opposition Front Bench. It must be approaching a record to be able to speak from the Front Bench so soon after being first elected. I congratulate him on that, and I listened with interest to some of the things that he said. I cannot accuse him of saying something inconsistent with what happened under the previous Government, which is one of the strengths of being a completely new Member with a shadow ministerial office.
I have a number of concerns about the Bill. Many of them centre around the principle of whether we need to regulate more and whether we need to do so proportionately, and the need to ensure that we listen to groups of people— sometimes quite small groups of people—who are potentially adversely affected or treated unfairly as a result of private Bills. That is why it is so important that such Bills should be considered carefully in Committee, as I am sure this Bill will be in Opposed Private Bill Committee. The Bill is already the subject of petitions against it, some of which I referred to in my interventions on my hon. Friend the Member for Finchley and Golders Green.
I shall begin by dealing with the concerns of the Society of London Theatre and the Theatrical Management Association.
Mr Bone
Will my hon. Friend clarify for the House that what we are doing today—deciding whether to give the Bill its Second Reading—is about the principle of the Bill? Also, is it not unusual to have so many different things in private business? I have spent hours considering private business, but it is normally about a specific, single thing for a specific area. This seems to be a very wide-ranging Bill.
Mr Chope
I agree with my hon. Friend that this is a very wide-ranging Bill. The fact that it is the 10th such Bill to emanate from London local authorities in a reasonably short space of time shows that London local authorities are pushing at what are reasonable bounds on the powers that they should be taking in legislation. They keep trying to extend those bounds, taking more powers for themselves; indeed, there are powers in the Bill that I think go too far. The consequence of what my hon. Friend has described so pertinently—the fact that the Bill contains a large number of contentious clauses—is that unless its promoters listen to reason and allow it to be amended, it will find it jolly difficult to make fast progress through the House. Even it were to sail through the Opposed Private Bill Committee, it would encounter the same kind of difficulties on Report that the pedlars Bills were up against during the last Parliament.
Significantly, my hon. Friend the Member for Finchley and Golders Green did not refer to the pedlary and street trading provisions in this Bill, but the Bill contains powers to seize commercial goods on the ground not of reasonable belief but of reasonable suspicion that an offence has been committed. We brought in the reasonable suspicion test, reluctantly, under anti-terrorism legislation. It is draconian in the extreme to seize people’s goods or interfere with their liberty on the ground of reasonable suspicion that they might have committed an offence. Because of the strength of that argument, amendments replacing the term “reasonable suspicion” with “reasonable belief” were accepted by the promoters of the Bournemouth Borough Council Act 2010 and the Manchester City Council Act 2010—two pedlars Bills that reached the end of their proceedings during the last Parliament. The fact that no such amendments have been offered by the promoters of this Bill represents a pretty bad prospect for the Bill, because it suggests a certain intransigence and resistance on the part of the promoters to listen to reason. It might also suggest that they want to give themselves extremely wide powers to seize goods. I believe that such powers go far beyond what is reasonable.
Philip Davies
As my hon. Friend knows from our debates on the pedlars Bills, I agree with him wholeheartedly on this matter. I believe, however, that this Bill is worse than those Bills. It deals not only with a suspicion that an offence has been committed, but with a suspicion that an offence might be about to take place. A person could be suspected of being about to commit an offence that might take place. Furthermore, in addition to property being confiscated on that basis, the Bill would also confer a power to confiscate the vehicle in which the property was carried. The idea that central Government are bad and local government is good is surely wrong; the problem in both cases relates to the word “government”. We should not allow any government, local or central, to have such draconian powers.
Mr Chope
I agree with my hon. Friend. I am sure that, when hon. Members start to look at the detail of these provisions, they will be as concerned as he and I are about their implications for civil liberties. I hope that the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) will report back to his colleagues in the Home Office and the Ministry of Justice on our concerns about these fundamental issues of human rights and individual liberty.
Philip Davies
I am grateful to my hon. Friend for allowing me a second bite of the cherry. Does he agree that it is unacceptable for the Government to hide behind the idea of localism on these matters? They should not be allowed to say that local authorities are entitled to do anything they want to, simply on the basis that such decisions are being taken locally. Surely localism must come with some responsibilities.
Mr Chope
Absolutely; 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.
Chris Williamson
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?
Mr Chope
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.
Mr Bone
In my constituency, many restaurants enter the scheme voluntarily, which is fine. However, the rating is a snapshot of a single day, and it can cause great concern to people who are given a bad rating one day and cannot get it altered the next day. It is quite proper for restaurants to have a right to opt into the scheme, but it seems wholly wrong to compel them to enter it.
Mr Chope
I entirely agree. The disclaimer states:
“Food premises may only be inspected every 6-36 months as specified in the Food Standards Agency Code of Practice.”
There is the potential for an enormous amount of damage to be caused to the reputation of commercial businesses that will have to stick on their doors something that is unrepresentative of the true position.
Philip Davies
I congratulate my hon. Friend on wiping the floor with this part of the Bill and illustrating so effectively what nonsense it is. The shadow Minister, the hon. Member for Derby North (Chris Williamson), said that the Scores on the Doors process had already raised standards. If the voluntary scheme is working well and raising standards, and if seeing the stars on display is so important to customers, will customers not instinctively prefer to visit only the restaurants that display their stars? If a restaurant or other food establishment chooses not to display its star rating, it will risk not receiving any custom from the people who consider the system so important.
Mr Chope
My hon. Friend makes his point perfectly. We in this House have the privilege of the opportunity to try to introduce some common sense into these measures before they become set in law. I hope this debate will enable that to happen, certainly in relation to clauses 8 and 9, against which petitions have, for good reason, been submitted. Depressingly, the petitions were presented in the other place as well, and they did not have any impact. Nobody seems to have been listening. I hope somebody will start to listen soon because we are talking about potential threats to the viability of lots of small businesses in the ever-important hospitality industry. There is the possibility of gross injustices arising from these provisions.
Mr Greg Knight (East Yorkshire) (Con)
If this Bill were to be enacted, how would the provisions of clause 9 apply to a vendor who has no window to his customers and no door, such as the owner of a hot dog cart?
Mr Chope
My right hon. Friend brings his legal expertise to bear on this issue and asks a very pertinent question. I am not in a position to answer it, but if the promoter of the Bill—or the promoter’s representative in this place today—wishes to intervene to do so, I will gladly give way. If the Bill has been as well prepared as one would hope after three years of gestation, one would expect that point to have been taken into account by its drafters—although perhaps we should not be so certain about that.
The hon. Member for Hayes and Harlington (John McDonnell) was enthusiastic about the only parts of the Bill that my hon. Friend the Minister said the Government were concerned about. That is an interesting cameo within this debate. I hope my hon. Friend will stick to his guns in pursuing his concerns about clauses 11 to 22 and will insist that clause 23 is removed as being absolutely redundant.
Philip Davies
The Society of London Theatre and the Theatrical Management Association are worried that clause 23 will have a big impact on their theatres. Occasionally, there is some nudity or semi-nudity in a production and this measure may well have a negative impact on such shows. Will my hon. Friend acknowledge that concern as well?
Mr Chope
Absolutely. My hon. Friend the Minister said the legislation that had been introduced nationally since the Bill was first produced covers the national picture. I am sure it takes properly into account the concerns that have been expressed, and to which my hon. Friend has referred.
I want to refer back to an earlier part of the Bill. Clause 7 deals with access to public lavatories. I have the privilege of representing a constituency with one of the highest proportions of elderly people in the country, and we in Christchurch are proud to have been the winner of the loo of the year awards on many occasions. Ours is a prudent council, and it has now reached the stage where the councillor and the officers responsible for winning those accolades do not attend the awards ceremony because they cannot afford the cost of the travel, but they are grateful recipients of the awards.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. I am sure that the hon. Gentleman is going to flush out the subject a little more, but we are dealing with a London Bill, rather than toilets in his constituency. I know that there is a connection, but I would like to try to keep it a little tighter if we can.
Mr Chope
Absolutely, Mr Deputy Speaker. The great joy for people in Christchurch is that even when they reach a certain age they can travel. They travel outside their constituency to places such as London, and they expect that in London they will find facilities similar to those that they enjoy in Christchurch. Sometimes they are disappointed, and that is where the relevance of all this lies. As they have such high standards at home, they seek them elsewhere.
I am concerned that it would be a retrograde move to allow local authorities in London to reintroduce turnstiles. Not long ago, a short debate was held in the other place in which Baroness Greengross asked Baroness Andrews, who was then an Under-Secretary at the Department for Communities and Local Government, about extending the provisions of the Public Lavatories (Turnstiles) Act 1963 to railway premises. The answer was that it would not be desirable because a lot of railway premises were having their loos and the access to them modernised. However, it was implicit in the answer that the then Government did not believe that the law needed to be changed and that they thought it desirable that we should not need turnstiles in order to gain access to public toilet facilities. This is a particular issue for disabled people, because they find it most difficult, although others may wish to gain access to a public toilet as quickly as possible and they do not want to have their progress impeded. I do not think that we need to spell out the point at any greater length, Mr Deputy Speaker.
Mr Greg Knight
May I put it gently to my hon. Friend that he has the argument the wrong way round? Surely we should be applauding this measure, because if local authorities are allowed to introduce turnstiles and thereby charge people an exorbitant rate to use the lavatory, the people of London will have far more lavatories to use as more and more councils seek to tap into this revenue raising idea.
Mr Chope
I do not know whether my right hon. Friend had his tongue firmly in his cheek when he was making that observation, but I suspect that he did. If he did not, he is living on another planet. In the City of Westminster, for example, the council raises an enormous surplus in parking charges, many of which are paid by people who do not reside in the borough. The original idea was that those fees should be reinvested to improve public facilities in Westminster, but that has not happened in practice. The idea that if local authorities can impose more charges for access to public toilets, the quality and availability of those toilets will improve is pie in the sky.
Philip Davies
Does my hon. Friend accept that this could be argued the other way round? He says that turnstiles are not desirable, and that is a perfectly legitimate view. Even if someone would argue that they are legitimate, surely any local authority should be able to introduce them in their local toilets, not just London boroughs. Why would we just extend this privilege to London, and why would the Government not extend it to every local authority that so chooses to use it? I hope that he would accept that such an approach would be pure localism, as opposed to giving localism only to London.
Mr Chope
My hon. Friend makes another very good point. I am sure that if the coalition Government are short of new policies to enact they will think seriously about my hon. Friend’s suggestion. Before they do so, however, they might look at the document produced a couple of years ago by the Department for Communities and Local Government, which set out a strategic guide, spread over the best part of 100 pages, on “Improving Public Access to Better Quality Toilets”. Nowhere in that strategic guide was anything that suggested that the answer to all the problems was to reintroduce turnstiles, which were outlawed in an enlightened moment in 1963. They should probably remain outlawed and I do not think that the case for reintroducing them has been made.
I am also very concerned about the Bill’s provisions on pedlars and street trading, to which I have already referred—my hon. Friend the Member for Shipley engaged in a short exchange with me on that point. Those powers go far in excess of what is reasonable. I am sorry that my hon. Friend the Member for Finchley and Golders Green did not consider them when he introduced the Bill. In a sense, this is a warning shot, because a number of us have been jealous of the rights of small groups to be able to carry on their activities and not to find themselves subject to harassment by officialdom. The wide powers that are given under the Bill to Westminster city council and to Camden borough council are a licence for harassment. They give tremendous powers to local authorities to harass the people they wish to drive out of business because it does not suit their purposes and because they find it rather difficult to try to enforce the law as it stands nationally. They want to give themselves extra powers to impose penalties on the grounds of suspicion, and I think that that is wrong.
One is left asking whether anything in the Bill is worth saving, or whether it would be much better to put the promoters out of their misery and not give it a Second Reading. My hon. Friend the Minister thinks that we should give the promoters the benefit of the doubt. For my part, I think that they have had three years in which to try to get their tackle in order and they have manifestly failed so to do. They have not really come to terms with the change in the mood out there, which is very much against interference and regulation by local authorities, pettifogging bureaucracy, penalties, putting pressure on people and making it very difficult for them to argue against penalties, which makes them have to go along and pay another fine or penalty. The promoters misunderstand the mood and there is a great demand for some consistency in our criminal law across the whole country rather than having special regimes for licensing in the London area, as proposed in clause 23, or special regimes for penalties for street trading, as found in the clauses that promote powers for Westminster and Camden.
I obviously support my hon. Friend the Minister as regards the parts of the Bill to which he is opposed. There is so much wrong with the Bill that there is a danger that if we allow it a Second Reading, an enormous amount of our colleagues’ time will be taken up in the Opposed Private Bill Committee. If the promoters are as reluctant to compromise as they appear to have been in the other place, we will end up taking up a lot of time on the Floor of the House on Report and Third Reading. It might be better to put the promoters out of their misery at this stage and force them to go back to the drawing board and propose a fresh Bill that is more in tune with current thinking.
Mr Knight
I hear my hon. Friend’s argument, but all what he says could be put right in Committee. If he feels that the Bill is too pettifogging in some areas, amendments could be moved in Committee to improve it to such a state that only reasonable actions could be taken by local authorities to deal with what is a very real problem. The argument he is developing is not against the Bill per se but against its current drafting. Is it not then for us to amend it in Committee?
Mr Chope
My right hon. Friend makes a perfectly fair point, but he and I will in our time in this place have been confronted many times with Bills that we disliked so much that, although parts of them were not so bad, we felt obliged to vote against them on Second Reading to make a point. This Bill has not arrived here de novo, but has already been through the other place. We have to look on the past as a guide to the future unless we are otherwise advised. The Bill has not been subject to voluntary amendment by its promoters despite the petitions against it from the London theatres, the British Beer and Pub Association and others. If the promoters did not listen to those petitions in the other place, what guarantee is there that they will listen to petitions now? We have not heard anything from my hon. Friend the Member for Finchley and Golders Green to the effect that they will accept amendments. If, when he sums up the debate, he says that he feels, on behalf of the promoters, slightly chastened by the criticisms that have been made, and if he says that they will introduce amendments to meet some of those concerns, I might have a different attitude. Currently, however, I fear that there is so much wrong with the Bill that it does not deserve a Second Reading.