Hertfordshire County Council (Filming on Highways) Bill [Lords]

Debate between Christopher Chope and James Clappison

Tuesday 26th November 2013 Commons Chamber

[Mr Clappison]

My right hon. Friend makes an extremely good point. Hertfordshire county council has given an assurance that it will follow similar procedures to those set out in the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 on giving notice of when roads will be used during the course of filming. Those requirements relate to posting notices in the street, notifying the police and making certain advertisements of when the roads will be closed. The duties for when the roads are actually closed are set out in clauses 3 and 4, to which I will turn shortly.

[Mr Christopher Chope (Christchurch) (Con)]

Following on from the point made by my right hon. Friend the Member for East Yorkshire (Sir Greg Knight), proposed new subsection (6C) in clause 4 makes it clear that the county council is seeking powers to enable it to close a road with a minimum of only 24 hours notice. Does my hon. Friend think that that is reasonable?

[Mr Clappison]

As my hon. Friend will know, that is the film notice, as opposed to the film order, and the various requirements relate to film notices. I hope he will take some consolation from the fact that a film notice can continue for only 24 hours, whereas a film order can continue for longer. As he has said, notice of a film notice has to be given at least 24 hours before it comes into effect. The purpose is to deal with situations in which weather may be a factor and the film producers want to take advantage of temporary weather conditions.

--- Later in debate ---

[Mr Clappison]

I have been in agreement with interventions by my right hon. and hon. Friends, but may I put a different case? My right hon. Friend gives the example of entertainments and the like, but they do not confer any wider economic benefit. Filming confers a wider economic benefit on the community because it will help prosperity and employment to be established in Hertfordshire.

I also disagree with what my right hon. Friend said about keeping people away from the filming. My experience is that film makers are happy for members of the public to be present to watch from an appropriate distance, provided they do not interfere with the filming. That may not always be the case, but I know of examples in my constituency where it has been.

Members of the public in Hertfordshire take not only great pleasure from witnessing films being made, but pride from the fact that well-known local landmarks are used for filming. My right hon. Friend will not be old enough to remember “On the Buses”—I remember it, I am sad to say—but in Borehamwood, we take great pleasure from the fact that the principal figure in the series happened to be a bus driver, the late Reg Varney, who was a great character. For the filming, he drove his bus up and down Shenley road in Borehamwood, and if one watches those films, one can see Shenley road as it was then, with members of the public standing around and witnessing the film being made. It is all there in that very good series. I will not digress any more about “On the Buses”, but I am sure that there are many other good examples.

Legally, the Bill will have the effect of categorising the making of a film as a “relevant event”, therefore allowing the council to make closure orders. The existing restriction on special events that allows such events to last for three days will continue in force, but it will be extended to seven days for film orders. The 1984 Act allows a road to be closed for three days, but the Bill will allow it to be closed for seven days. Up to six film orders can be made for any one stretch of road under the provisions.

In addition to such film orders, the Bill makes provision for film notices, to which my hon. Friend the Member for Christchurch (Mr Chope) has already referred. Going beyond existing provisions for special events, film notices will enable the council to issue restrictions on road use where it appears to the council that it is expedient that the closure should come into effect without delay, although the duration of up to 24 hours is shorter than the seven days for film orders.

[Mr Chope]

Does my hon. Friend accept that it is possible to close any road for only three days once a year under the Road Traffic Regulation Act, but under his Bill it will be possible to close a particular piece of road on six occasions for a maximum of seven days each time—in other words, for 42 days a year?

[Mr Clappison]

My hon. Friend makes a good point. If he has been listening, I hope that he will accept that I have been careful to say that the power is being extended. That is one of the details that it is important to debate, and no doubt he will want to come back to that point. I suggest that that is so to fit in with the needs of the film industry. I suppose that it will be hoped that roads will not need to be closed for the maximum period or for the maximum number of six occasions in a year. That provision is to fit in with the convenience of, and to promote, the film industry, which has to be balanced against the other factors that he mentioned, including the interests of local road users.

[Mr Chope]

Will my hon. Friend give way?

[Mr Clappison]

Of course I will, because the issue is important.

[Mr Chope]

My hon. Friend is being very fair, but what is his view of the reasonableness of the provision? If one was running a business on a road that was closed for 42 days a year, would that be reasonable?

[Mr Clappison]

There is a procedure for making the orders by the local authority. I take my hon. Friend’s point, but I must say that many businesses are dependent on the film industry, particularly in my constituency, because there is so much film making there. People are so used to the film industry that they accept that some inconvenience is associated with attracting to Hertfordshire, and in particular to my constituency, important productions that are of so much general benefit to the public and the local economy. As far as I am aware—I will probably have an avalanche of mail complaining about it—there is a general acceptance of that in my constituency, as well as great pride in our connection with film making and a wish for it to continue. He makes a good point about the generality of the powers, but there are special circumstances to take account of in the case of my constituency.

I hope that I have been frank enough for my hon. Friends about the proposals in the Bill. As I have said, film notices go beyond the existing provisions for special events that I have mentioned in current legislation. Film notices enable the council to issue restrictions on road use where it appears to the council that it is expedient that the closure should come into effect without delay, which is particularly valuable to the film industry.

To turn to the detailed provisions, clause 3(2) provides that a “relevant event” under section 16A of the 1984 Act will include film making. Hon. Friends who are familiar with the 1984 Act will know that roads can already be closed, although for a shorter duration, for the several events specified in section 16A, covering

“the holding of a relevant event,…enabling members of the public to watch a relevant event, or…reducing the disruption to traffic”.

The film order will be added to that list of special events.

Clause 4 deals with restrictions on film orders and notices. Subsection (2) allows for film orders to remain in force for up to seven days, compared with the three days for relevant events under existing provisions, as we have already discussed. Subsection (4) provides that no more than six film orders may be made in any one year, that a film notice shall continue for only 24 hours and that notice of a film notice must be given at least 24 hours before it comes into effect.

Among other matters, clause 5 provides that a breach of a film order or notice will be an offence in the same way as a breach of an order relating to a relevant event under the existing provisions in section 16C of the 1984 Act. I understand that there has been some discussion and, I am happy to say, constructive dialogue between the Bill’s promoter and the Minister, as I hope the Minister will confirm.

Clause 6 provides for the council, as a highway authority, to give permission to film makers for the temporary placing of objects on a highway, subject to conditions imposed by the council and certain defined conditions set out in subsection (3). The general purpose is to ensure that that is done safely, because safety is of overriding importance. Subject to such conditions, clause 6 allows the council to authorise equipment, such as static film cameras, lighting rigs or camera trucks to be placed on roads during filming.

--- Later in debate ---

[Mr Chope]

My right hon. Friend will have noticed that the local authority is giving itself power to charge a fee for the exercise of its functions in connection with the Bill.

[Mr Clappison]

My hon. Friend is making some excellent points. My intervention will be brief, but I gently point out that the local council is the owner of Elstree studios. As long as those studios are in business and doing as well as they are at the moment, I believe the council’s revenues are considerably assisted by that. My hon. Friend mentioned local benefit, and my constituency contains a school that has been established to try to get young people into jobs in the film industry. That gives a lot of pleasure and satisfaction to local people.

[Mr Chope]

I am grateful to my hon. Friend for that further information. I had not realised that Elstree studios is a municipal enterprise. When my hon. Friend’s council next says that it is short of funds, he will be able to say, “Why don’t you sell off your interest in Elstree studios?”

[Mr Clappison]

It is a Conservative council with a substantial Conservative majority and an excellent record on finance, and it continues to provide very good services with a very good value for money council tax.

[Mr Chope]

I certainly do not want to get myself into deep water—deeper water—with Hertfordshire county council. My hon. Friend has explained that there is in a sense a potential conflict of interest between the county council as the highways authority, the regulator and the body setting and charging the fees and the county council wearing its hat as owner of the studio. That issue merits some detailed scrutiny by the House. It is wonderful that my hon. Friend has been so open and frank in exposing these issues for scrutiny and I am sure that plenty of people will want to take advantage of that in due course.