(11 months, 2 weeks ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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That is why I am asking the question: the key components of those planes could be being used in the bombing of Gaza and the huge loss of life.
I reiterate what others have said: I find it difficult to participate in these debates without becoming extremely angry or emotional on all sides—both because I want the release of the hostages and because 7,000 children have now died. That cannot be right, and I believe it is a war crime. Anything that we are doing to give aid or comfort in this direction will ensure that we will be condemned in the future.
Finally, a number of us met Yachad today. We met with heroes and heroines from Palestine, Palestinians and Jewish Israelis. They are trying to campaign for peace. As part of their heroic campaign, one of their clear demands is for a ceasefire, so that we can release the hostages and at least plan for the future in peace.
Before I call the next speaker, I must tell hon. Members that the wind-ups will start at 3.30 pm. That means that the demand exceeds the supply, and I will impose a three-minute time limit. I call Apsana Begum.
(9 years, 12 months ago)
Commons ChamberThe hon. Gentleman obviously was not trusting me, which is why his friends tried to move a closure against me. I must admit that I have a slightly stubborn streak, and since Members of this House have tried to move a closure against me, albeit unsuccessfully, I am certainly not going to just immediately sit down.
I understand the point the hon. Gentleman is making, but may I, through him, tell the hon. Member for Brent Central (Sarah Teather) not to be discouraged because this matter will come back, and at some point this legislation will go through?
The hon. Gentleman makes a good point. Legislating on Fridays is an iterative process. For example, I spoke on several Fridays against what was then known as the high hedges legislation. It took three or four successive Sessions of Parliament before that Bill got through. It was put through by the Government in a schedule to the Anti-Social Behaviour Act 2003, and it was not debated at all, either in this House or in the other place.
(10 years, 2 months ago)
Commons ChamberWhat those who work in the industry want is a consistent plan for the development of the transport infrastructure, but what the Bill does is give more power to TfL to enter into speculative developments on the sites that it owns, along with developers. In the case of Earls Court—on which I am sure my hon. Friend the Member for Hammersmith will wish to elaborate—we have seen property development for short-term financial gain override the needs of the travelling public and the need for long-term investment in the future of the transport infrastructure. That example illustrates the loss of confidence in Transport for London among the public that will result from its exercise of the new powers, if they are given to it. We may well see a speculators’ charter in relation to properties that are currently in public ownership under the auspices of TfL.
People are worried not only about the desire to gain income, but about the fact that the current property developments are based largely on the selling off of land for the building of residential properties. Transport for London, as a public body, might well want to enter into a partnership with, in particular, local authorities, in the hope of combining the advantages of improving the transport network with the provision of residential homes. However, it seems from the examples that we have seen so far—notably in Earls Court—that the residential homes will not necessarily be for local people: in fact, that applies to a relatively small percentage. Most of the sites are being used for speculative development, and many are being bought by overseas landlords with a view to letting properties at extremely high rents.
People fear that if TfL is given these powers, it will go on a development binge with the private sector throughout London, without taking into account either the needs of the transport infrastructure in the long term or the needs of local communities. The Bill seems to take no cognisance of the need for TfL to bear in mind the social criteria or social objectives relating to any future development when using the powers.
As the hon. Member for Harrow East pointed out, there also seems to be a lack of accountability in the case of some of the partnerships. We received that letter on Friday specifically because concern after concern had been raised consistently over the years—for instance, regarding the fact that even the Secretary of State did not have the authority to be consulted about the exercise of some of these powers. We have now been told, in a letter that we received at 3.30 yesterday afternoon, that an amendment will be tabled to deal with that. It would have been helpful to have seen at least a draft of the amendment; all that we have is a letter of comfort, or discomfort, depending on people’s judgment of it .
If we look at TfL’s record of participation in developments with private sector entities, we see that it is the commercial entity that has gained the profit and TfL that has been left with the responsibilities and, often, the liabilities. In the case of some of the partnerships that have already been entered into, ownership of some of the sites is so diffuse that it is difficult for the public, in particular, to hold anyone to account when it comes to some aspects of the deals.
I am listening with fascination to the hon. Gentleman. Does he agree that the whole purpose of Transport for London should be to concentrate on its core business—providing transport infrastructure for the people of London? It is unlikely that Transport for London will be capable of doing things that are not its core business as well as they are done by specialists in those alternative businesses.
The concern that many of us have is that Transport for London is not a property developer. It is not a developer with expertise in developing sites for high-value residential properties, yet that is the venture that it seems to want to enter into across London on most of its sites. There is an in-built lack of expertise in Transport for London. Many of us think not only that Transport for London is putting sites at risk by removing the possibility of their being used to develop transport infrastructure, but that Transport for London as a whole will be at risk from some of the liabilities that it will take on as a result of going into limited partnerships, which are not protected, with developers. The Bill has consequences not just for specific site development but for the stable funding of TfL in the long term.
I say to the hon. Member for Harrow East that the Bill seems to be an attempt at a quick fix by an organisation that does not have the expertise to enter the activity that it wants to enter. I would be more convinced that it had that expertise if the progress of the Bill had been more efficient and effective. The legislation has been hanging around since 2011. At this late stage, the clauses have still not been drafted properly. Clause 4 has been redrafted three times in that period. We have just received the letter of comfort on clause 5, but no amendment. That does not inspire confidence. This organisation could sit down with some of the most rapacious developers in the history of property development and secure deals without satisfying not just community interests but the long-term financial security of the sector.
I agree with the hon. Member for Christchurch (Mr Chope): when an organisation is called Transport for London, it should concentrate on providing transport for London, rather than go into property speculation in this way. The argument may be that Transport for London is under financial pressure from the Government or others and needs to look at other ventures, but we must take into account its record of working with the private sector to gain additional income or increase efficiency.
There was the debacle of the public-private partnership under the last Government—this is not a party political point. That demonstrates an inherent lack of expertise—I put it no more strongly than that—in the organisation; it lacks the expertise to be able to do deals with the private sector that deliver the service and that avoid the scale of liabilities that we saw under that partnership. It was extraordinary. Members who were here may recall that throughout that period the House was not kept informed. On both sides of the House there was shock at the scale of the incompetence and risk that TfL ventured into in those developments.
Those are the main concerns. The organisation is strapped for cash, by the sound of it, although the Government advised us earlier in the year that it received a significant grant. However, TfL says that it is strapped for cash and needs another source of income. It is looking at developing its sites to provide that and it wants to do it through partnerships with the private sector. As a result there are concerns that the overall operation of TfL will be put at risk. Those are the general concerns.
Let me turn to the individual elements of the Bill. I advise Members to go to the minutes of evidence taken before the Unopposed Bill Committee in the other House under Lord Sewel. TfL, with the Department for Transport present, took the noble Lord through the details of the Bill. As the hon. Member for Harrow East has said, it went to clause 5 in particular, and it said:
“Clause 5 would allow TfL subsidiaries to borrow and charge against assets and revenue streams. This will provide TfL with greater flexibility on how it borrows. Under secured borrowing, TfL subsidiaries may borrow for a discrete purpose, and the security could then be structured so that the creditor has recourse only against the subsidiary borrowing and not against TfL or other TfL subsidiaries.”
It went on to say:
“TfL subsidiaries may not grant security without the consent of the Secretary of State, other than in respect of those matters that are specified in a new schedule proposed to be included in the Bill.”
The hon. Gentleman referred to that.
Let me take Members to that new schedule. This is not a delaying tactic; I would like TfL to come back with some clarity on all this. The schedule means that it can, without the Secretary of State’s approval, enter into agreement with regard to subsidiaries to borrow and charge against assets and revenue streams. As I have said, it can do that with regard to activities identified in this schedule without Secretary of State approval. Let me give a selection of them. It can borrow against assets including
“property related to a tolling scheme…property related to the generation of power…property related to sponsorship activities being carried out by third parties”.
It can also borrow against
“property related to the use of land for commercial letting”.
I have no idea of the scale that is envisaged, but it means that TfL, without Secretary of State approval, can become a sizeable landlord with commercial lets and borrow against those revenue streams. I would like TfL to say what is meant by this and I would welcome some clarity as we move into the next stages. What is the scale of operation that it is looking at?
The schedule also refers in sub-paragraph (n) to
“land which is not operational land”.
Again, it would be useful to know from TfL what its definition of “not operational land” is and what the scale of that is in its portfolio.
I raise this because many of our individual constituencies will contain pieces of TfL land which are set aside for future transport developments, and it looks as though this will enable TfL to raise revenue or borrow against those pieces of land without any Secretary of State approval whatsoever. It would be useful to know the scale of that and to have some form of report setting out where these pieces of land are. They could be fairly sizeable.
Again, I would welcome clarity about the purpose of this particular venture in this particular case. As Members have said earlier, we all have sites in our constituencies that TfL may want to borrow against and therefore develop with a private sector subsidiary. If it then removes a transport operation from that site, it will have a knock-on effect on other sites because of the shift of functions, as is planned at Earls Court. I am concerned that there seems to be a lack of clarity from TfL in its dialogue with the petitioners on some of these issues with regard to the supply of information.
In the presentation to the Unopposed Bill Committee in the other House, clause 6 was explained as follows:
“Clause 6 of the Bill will allow TfL to form or join with others in forming limited partnerships. TfL would like to be able to use partnership structures to seek third-party investors in its property estate, and to manage secondary income generated from the estate.”
TfL mentioned, I think to reassure the noble Lord in charge of the Committee, that
“Pension funds and development partners are identified as likely investors, who often prefer limited partnerships to other legal structures to invest in.”
I am sure that we will deal with this matter in Committee, but I would like to ask Members to look—if not today, then in Committee—at some of the concerns raised by the petitioners about the concept of limited partnerships and, in particular, at a petition from Mr Richard Osband and other parties. Mr Osband was with us on Friday when we met TfL. He is a knowledgeable person who has done a large amount of research in this area. He admits that he is not a lawyer, but he has vast experience in property development and commercial activities. He tried to explain his concerns, which I now share, to TfL regarding limited partnerships.
The issue that Mr Osband raised was that a registered limited partnership may not carry out any activities at all. The partnership is between one partner and a general partner, and the general partner largely bears the main liabilities. If the other partner becomes active in some way in the management of the process, it will then become part of the definition of the general partnership and will bear liabilities. Mr Osband argued that the limited partnership concept was opening up TfL to bearing almost unlimited liabilities as a result of the process that the legislation will enable it to enter into. On Friday, we were mystified as to why there was a need for limited partnerships. The legislation itself provides for the ability to enter into partnerships with companies and others. These would be proper legal entities and they would ensure that the burden of risk was shared with the partner rather than falling significantly on to TfL.
We are now at a late stage, and the petitioner has made his position clear. On Friday, he was simply inviting TfL to get further legal counsel’s opinion, because he and a number of others had contested the original counsel’s opinion that TfL had brought forward. I have yet to hear a convincing argument from TfL as to why it would want to enter into limited partnerships, given the element of risk involved. TfL said on Friday and in some of its other discussions with Mr Osband that this was the preferred route of the developer. I am afraid that that does not inspire confidence that any public investment in these developments would be secure.
(12 years, 8 months ago)
Commons ChamberThat is exactly the point. Clause 17 is being removed from the Bill because it is not satisfactory. It does not address the issues that were pointed out to the promoters by the Department for Transport and the Opposed Bill Committee of this House. We are now faced with a free-for-all out there on the streets of London, where there are vehicles that comply with none of the legislation that licenses and authorises every other vehicle on our roads. I find that unsatisfactory. It leaves Londoners at risk.
No commitments have been given on how the voluntary arrangements will be devised or who will be consulted. Will all the petitioners against the licensing clause in the Bill be consulted? Will they be engaged in drafting the voluntary registration and regulation scheme? Will there be a wider consultation with the general public? How will the consultation take place and over what period? How long will self-regulation be allowed to operate before the Government decide whether to move to a full licensing regime? None of that has been made clear by the promoters of the Bill.
Like other hon. Members, I find this situation unacceptable. We have been discussing this matter since 2003. Nine years on, we still have no licensing regime and no concept of how the self-regulation regime will be developed and consulted on, how it will be tested, what criteria it will be tested against and when the House will address the issue again.
Apart from there being too many, as I heard one hon. Member say from a sedentary position, nobody knows how many pedicabs there are, how many people are involved in the industry, how many companies or operations there are, or how many passengers there are. Also, nobody knows how many complaints have been made against the operation of these rickshaws. All we know is that when proposals have been made to discuss pedicabs and their regulation, a considerable amount of concern has been expressed about their operation and about how they should be regulated, if they are to be allowed to continue at all.
There is now strong concern and we are in the worst of all worlds. There is a free for all with no regulation, no licensing and no understanding of how voluntary regulation will work. These pedicabs are out there operating and it is making people vulnerable. There is growing concern and anger not just among taxi drivers but among other road users in the centre of London about the unrestrained way in which pedicab operators work—not only how they pedal through the streets but how they park and clutter up the streets. In some ways, they also affect west end businesses. As much as they say they benefit businesses in the west end and passengers travelling around the area, the more they clutter the streets the more they impede business.
I am pleased that the clause on pedicabs is being withdrawn, but the Government need to take action either to close down pedicab operations, because of the real concern about their safety, or to bring forward a proper licensing and regulation regime. If such a regime is introduced, it should be no less stringent than the one on the black cab trade in London; otherwise, it will undermine fair competition.
I have read into the record the intended withdrawal of clause 17, and if the promoters of the Bill are now going to enter into discussions about self-regulation, I urge them to contact all Members who have expressed concerns about the operation of pedicabs and engage us in a full consultation. In that way, we might find a way forward. After all these years, I would have hoped that the promoters had learned some lessons about how to legislate properly rather than continuing in the same way.