I am conscious that this question really requires the presence of my hon. Friend the Member for South West Norfolk (Elizabeth Truss), but is the Minister aware of the pedlar of Swaffham, an ancient and renowned historical figure in the county of Norfolk? I am not aware of his being in my constituency and there are no tales of him—I assume it was a him—coming into Mid Norfolk.
My question, however, is about the regulation of pedlars and whether the Minister would like to mention any issues about the regulation of peddling in modern times. Are there particular issues that we ought to raise with local authorities?
I am grateful to my hon. Friend. I was not aware of the pedlar of Swaffham, but I was aware of some people who believe that Robin Hood was a pedlar in one of his many guises. No doubt stories abound around the House of pedlars from olden days. Perhaps members of the public following the debate will be more familiar with Del Boy and “Only Fools and Horses”, and perhaps they are the people whose needs we should be thinking about—the people today who are trying to earn an honest crust.
We have a balance to strike, as always in legislation. The current national legislation contains powers for local authorities to regulate street trading in their area, a point that is key to the debate. Let us be clear, though, that they are not required to do so; they have only an option to do so. That is the enabling approach that the House has taken to the matter in the past. Of course, there is also legislation dealing with the itinerant traders who can be certified as pedlars. Certification through their local police enables those traders to trade throughout the country.
In considering the legislation on street trading and pedlars that we have been bequeathed there are a number of matters to balance, and they have been aired widely in these debates. The first is the effect of unlawful trading on the livelihoods of licensed street traders and others entitled to trade in the streets, and arguably of static traders in the shops by the streets. We have to consider whether there is scope for the creation of further powers to penalise unlawful traders, which might aid local authorities and their partners in their enforcement role.
I wish to emphasise that we also have to consider the creation and dissemination of guidance on legitimate trading methods for certified pedlars, and clarification for local authorities as they go about their enforcement role under the current regime. I am concerned that some local authorities are perhaps not as clear as they might be about how they can deal with the issue. Perhaps rather than a lot of new legislation, we need to create and disseminate guidance. We will consider that in the consultation.