Responsible Parking (Scotland) Bill

Debate between David Davis and Guy Opperman

Friday 5th September 2014 Commons Chamber

[Guy Opperman (Hexham) (Con)]

I rise to speak briefly on three fundamental issues. First, I am a lawyer. Secondly, I am concerned about the Scottish referendum. My constituency borders Scotland and I have spent an awful lot of time there over the past nine months trying to make the case for the Union. I will be going back there on 18 September, as many colleagues will, to continue to fight for the Union. Thirdly, in a former life as a barrister, for my sins, I was adviser to the Automobile Association on all matters parking. I had input into the Government’s consideration of wheel clamping and various other grave and weighty matters, which shows what an eminent and stellar legal practice I had before the good burghers of Hexham elevated me to a proper place for the conduct of legal studies.

My previous experience dates back to Vine v. London borough of Waltham Forest, the test case on parking that was conducted all the way up to the Court of Appeal. The hon. Member for Edinburgh North and Leith (Mark Lazarowicz) has made great efforts to introduce the Bill. He spoke of the ability of those who are concerned with parking matters to take litigation to the nth degree. I went all the way to the Court of Appeal on a disputed judgment and received a 2:1 decision from their lordships over the princely sum of, I believe, £40, so I do not underestimate the power of the courts and litigants to take such matters to the nth degree.

That is why I have concerns about the hon. Gentleman’s proposal. I speak for myself and cannot speak for those who represent various bits of Yorkshire and other places besides—

[Mr David Davis (Haltemprice and Howden) (Con)]

Unimportant bits of Yorkshire.

[Guy Opperman]

Obviously.

My concern is that the hon. Gentleman is seeking to take a course of action in the House 10 days before the referendum. The powers we have given in the Scotland Act 2012 are supposed to have devolved the very same powers that he seeks to pass in the Bill. In addition, even more powers will go to Scotland if the referendum is successful. With great respect to him, that is a recipe for disaster.

If I can speak up for my former profession, if there is ever such a thing as a lawyers’ charter, it is passing a Bill in one House of Parliament when another House of Parliament seeks to claim that it has priority. The laudable objective of outlawing the sort of parking that seems wrong to many people would be mired in the courts on an issue of constitutional law—it is hard to believe that parking matters could go to the higher courts, but I am living proof that it has happened on many occasions—and so the Bill might hamper the very objective it seeks. I have serious questions, therefore, about the legal and constitutional basis going forward.

[Mr Davis]

Given my hon. Friend’s previous profession, will he tell the House who would arbitrate when the two laws are in dispute?

[Guy Opperman]

That is the problem. In theory, if it concerned a Bill passed by this House, it would be determined by the High Court in this country, then the Court of Appeal and then the Supreme Court. However, were one to be litigious and difficult—and Lord knows there are plenty of organisations that are—one could say, “No, this is a matter for the Scottish House and Scottish courts”. There might then be judicial review of the power of this House to introduce the legislation, and we would have the bizarre situation where a court might assess the legal merits on two particular bases under two different bits of legislation. If some of the legal arguments are correct—the hon. Member for Edinburgh North and Leith accepts that there are legal arguments against his proposal—they would undermine the legal and statutory basis of his Bill.