City of Westminster Bill [Lords]

Ed Davey Excerpts

Monday 5th July 2010 Commons Chamber

[The Parliamentary Under-Secretary of State for Business, Innovation and Skills (Mr Edward Davey)]

We have had a good debate this evening, helped by the experience from previous debates. We have heard from my hon. Friend the Member for Cities of London and Westminster (Mr Field), who opened the debate, and my hon. Friends the Members for Christchurch (Mr Chope) and for Wellingborough (Mr Bone), who are veterans of discussion on this legislation. However, we have also benefited from new experience, on the part of my hon. Friend the Member for Finchley and Golders Green (Mike Freer), who spoke of his local authority days. I also welcome the hon. Member for City of Durham (Roberta Blackman-Woods) to her place and thank her for her contribution.

It is right that I should begin by restating an important procedural point. Traditionally, the Government do not take any view on the content or progress of private Bills, unless they are exceptionally moved to do so. From the speeches that we have heard this evening, I would note—as I am sure other hon. Members would—that there seems to be no real opposition to reviving the Bill. Although I hope to catch your eye and speak in the related debate, Mr Deputy Speaker, at this stage it is right that I should set out a little of the new Government’s thinking in this area.

Let me start by saying that, overall, having looked into the issue in some detail in recent days, I personally believe that we need to protect the rights of the genuine pedlar as we look at legislation across the piece—I say that to hon. Members from across the House and to local authorities looking at the issue. The rights of pedlars are traditional rights, going back to the Pedlars Act 1871. Although there might be people engaged in illegal street trading under the protection of a pedlar’s certificate, that should be dealt with separately. We should not use a sledgehammer to crack a nut by cracking down on genuine pedlars. They have rights that should be recognised.

The previous Government consulted on the issue, and I hope to be able to publish the Government’s response to that consultation within the next two or three months. I can tell the House that about 80 people and groups responded to the consultation, although they had differing views. The Government will reflect on those differing views and provide the House with our thoughts. Therefore, I cannot commit this evening to any particular timing for future legislation, although I can confirm something on which I believe there has been a cross-party consensus: that there is a need for a national framework, as the hon. Member for City of Durham set out and as other hon. Members stated.

Of course we need a national framework, and we need one for two reasons. We do not want local authorities across the country to have to spend tens of thousands of pounds on bringing forward private legislation. It is sensible that the Government should provide a national framework that in no way undermines localism or local responses to local situations. Therefore, although I cannot commit to any particular timing for that, that is certainly the intention, and we will be exploring those opportunities in the time ahead.

[Mr Bone]

The Minister is making a splendid speech and a splendid announcement. It seems strange that every time a Liberal Minister stands at the Dispatch Box, I find myself agreeing and saying what a wonderful job he is doing. [Interruption.] If I reflect on where I am sitting, I get a bit worried. Will the Minister endeavour to let councils know that that is the intention, so that those thinking of introducing legislation can hold back from so doing?

[Mr Davey]

I note that I am wearing a blue tie and the hon. Gentleman is wearing a yellow tie, which might suggest that this coalition is founded on many things. More seriously, I think he can be reassured that the interested local authorities will be reading Hansard; we do not need to spend money on stamps to tell them, as they are quite capable of clicking on the internet to read our deliberations.

[Philip Davies]

Like my hon. Friend the Member for Wellingborough (Mr Bone), I am greatly encouraged by what the Minister has had to say. If the Government introduce their own legislation on this issue, will it trump the private legislation that local authorities wish to pass; or if the local authorities pass these Bills and they end up being more authoritarian than the Government’s proposals, will those measures still stand? It is important to clarify that point before we decide whether these Bills are worth reviving.

[Mr Davey]

I think my hon. Friend is trying to tempt me to pre-judge the response to the consultation. Tempting though that is, I am afraid that I am not going to accede to the request for an absolutely straight answer—save to say that if the rights of genuine pedlars were embedded in a future national framework, whatever form it took, local authority legislation could well be superseded. When we respond to the consultation and look at future legislation, we will consult local authorities and try to ensure that any legislation is flexible enough to take account of the special concerns of any particular local authorities.

Given the real spirit of coalition behind our exchanges, I would like to answer a particular point raised by my hon. Friend the Member for Wellingborough (Mr Bone). He made an important point about examples of false pedlars being involved in the trafficking of children. I am sure that the whole House will be alarmed to read those reports and will want to know that action can be taken. I am sure that my hon. Friend is well aware that it is not for this legislation or any legislation that might come from it—whether it be a national framework or future private Bills—to tackle that issue. It is a matter for the Home Office, but I can give my hon. Friend an assurance that I will write to Home Office Ministers to bring their attention to this very important matter. At this point, it is right to pay tribute to the former Member for Totnes, Anthony Steen, who I believe retired at the last election, as he campaigned so brilliantly for the rights of women who had been trafficked to this country. It is right for this House and this Government to ensure that we take action on trafficked women. It is not an issue for my Department, but I hope and believe that this Government will want to look at the problem.

[Mr Chope]

May I say how much I appreciate the fact that the Minister is going to respond to this consultation within two or three months? When we last debated one of these Bills, I think he said that waiting for the framework might be like waiting for Godot. What he has said tonight suggests that he has taken it on himself to push this matter forward, on which I congratulate him.

[Mr Davey]

I am obviously grateful for any congratulations. I hope that I will not be too Beckett-like in my approach to this matter. I do want to make it clear, however, that we are not promising early legislation in this area, as I would need to speak to my right hon. Friend the Leader of the House about that. If I gave an unduly certain commitment, I am sure I would be called to order, but that is not to say that we do not think there is room to progress action in this area—I shall return to this in my later remarks—as there are other reasons for us to look at this with the degree of gravity that it requires.

The debate has shown the cross-party consensus on the legislation and what the Government need to do in due course to relieve the burdens on local authorities in tackling the issue, to ensure that the rights of pedlars are respected, and to ensure that we crack down on those who are trading illegally on our streets and genuinely causing problems. That is promising for debates to come, and I hope that we make progress with the Bill tonight.