Deregulation Bill

Debate between John Redwood and Julie Hilling

Monday 23rd June 2014 Commons Chamber

[Mr Redwood]

I agree, and that is what we are debating today. I am on the side of the Minister on this occasion. He might find that remarkable, but it seemed to me that he made a reasonable and moderate case. The language in the Bill and in the Government amendments does the job, so I am trying to reassure the Opposition, who seem to be giving a long-winded and misguided interpretation of what the Government intend. I would say the proposals are too modest overall. I would like to see more deregulation coming forward in these important areas, but in no way do I wish to jeopardise safety or give people a bad ride in their taxi.

[Julie Hilling]

I do not know whether the right hon. Gentleman realises that taxi drivers, private hire vehicle drivers and the rest of the people in the trade are not asking for other drivers to be able to drive their cars; in fact, they are saying that family members should not be allowed to do so.

[Mr Redwood]

Some are with the hon. Lady and some are with the Government. She cannot generalise quite as wildly as she does. I understand that some associations take that line, but if one talks to taxi drivers and private vehicle drivers, one finds people on both sides of the argument. I do not want to go into those sensitive issues; I just offered a little support to the Minister because the language captures exactly what everybody in the House wishes to achieve—better safety and security.

I want to concentrate on the issue of car parking. I am grateful that the Government have brought forward, again, an extremely modest proposal to deal with the fact that many motorists feel they are picked on by councils that have turned parking controls into a way of making easy money out of them. The proposal goes only a little way in the direction I would like the Government to take. I understand the Minister’s difficulties, because we need quite a lot of local decision making, but the idea behind his proposal is that simple camera enforcement is not always the right way to go. I gave an example in an intervention to show how camera enforcement of a bus lane proposal could be very misleading and unfair to the individual concerned, who was trying to keep out of the way of an emergency vehicle. That is not always captured by the fixed position of the camera, which concentrates on the bus lane. There could be similar problems with parking enforcement.

The problem, which is a large one for many electors, comes from too many parking restraints and restrictions that have not been well thought through. Once again, Members have rightly defended good parking controls. I am very much in favour of good parking controls. I agree that we need to stop people parking on blind bends, near pedestrian crossings or in places where their vehicle could obstruct the line of sight and endanger safety. I also agree that we need parking restrictions on roads where the parking would get in the way of the flow of traffic, because that not only impedes the traffic and stops people getting to work or taking their children to school, but can create danger by causing frustration among motorists.

It makes sense to have sensible parking restrictions that ensure that the flow on roads is reasonable, junctions have good sight lines and are safe, bends have the best sight lines possible, and so forth. That should be common ground in the House, and I do not think the Minister is trying to stop councils doing that or enforcing those sensible restrictions strongly and fairly, as we want. But the type of parking restriction that we may well be talking about here, where some relaxation is needed, is where a piece of road which the council designates as safe and fair for people to park on at certain times of day or certain days of the week and not others is subject to such complicated regulation that sometimes a law-abiding motorist cannot work out from the local signs and practices whether the parking regulation applies or not. For example, do the parking restrictions apply on bank holidays? Often, the sign is silent on that point. Is the sign clear about whether different rules apply on Sundays? Is the sign close enough to the parking area in question? Are there different restrictions on different sides of the same street, as sometimes happens in London? Do we know where one set of restrictions ends and another begins?

There can also be variable bus lane times, and it can be difficult to keep up with the changing regulations. This shows that there are circumstances in which a council thinks it perfectly reasonable to allow parking in a particular area or use of a bus lane at certain times but not at others. The motorist could be in genuine doubt about the restrictions, or perhaps feel that they were unfair or frivolous because they did not fall into the category of restrictions that are essential to ensuring that traffic can flow and that safety sightlines are maintained.

We can use this little debate to probe the underlying problem that we are trying to address. We can also use it to allow the House of Commons to tell councils that some of them are overdoing parking restrictions or are chopping and changing the regulations too often during the day or on different days of the week. Perhaps those regulations have not been properly thought through. Perhaps the enforcement is unfair, or too sharp. If someone has been delayed by three minutes while paying for something in a shop, they could find that they have committed an offence because they could not get back to their car within the given time on their ticket. People often have to be quite prescient in those circumstances. They need to know exactly how long it will take them to get to the shop, find their goods, queue to pay for them at the till and get out again. They do not want to overpay for what can be quite expensive parking, but if they get it slightly wrong, they can end up with a big fine. That is why people think that this is a nasty lottery in which the councils are the only winners, and camera enforced parking restrictions can be even worse for the individuals concerned.

So, one cheer for the Government for realising that this is a big issue and coming up with their modest proposal on camera enforcement, but may we please have some more, because this does not solve the overall problem? Solving the overall problem will help parades of shops and town centres in places where trade is not good. This irritating, over-bureaucratic, over-regulated parking is one reason that people do not bother even to try to park in those areas, because they think they are going to end up with a fine for behaving perfectly reasonably.

--- Later in debate ---

[Julie Hilling]

My hon. Friend makes a powerful point yet again. I absolutely agree that we need clarity on who is the driver of the vehicle, particularly one that is marked as a taxi, and what the vehicle is involved in, whether it be legitimate or illegitimate trade.

All the people who came to the initial meeting—drivers, trade union representatives, operators and enforcers—said that nobody in the industry was calling for the right for family members to be able to drive the cars. They are all happy with the current situation, because they understand how it protects them, their family and their trade when their vehicle is used for business, not pleasure. I find it difficult to understand where the proposal came from, because the trade is not calling for it. It might be very generous of the Minister to say, “A driver won’t have to have a second car because his wife can drive his”, but they do not want that.

There are real problems with the current system. I wholeheartedly ask the Minister seriously to consider removing these nonsensical provisions from the Bill, to make sure that we have holistic legislation based on the Law Commission report, and to support our amendment. We need a national register of drivers. We need national standards for drivers and vehicle operators before we ever allow them to sub-contract. We need robust licensing policies in all licensing authorities. We need a clear duty and method for local authorities to share data with the police and other local authorities. We need the local authority where taxis are operating to be able to undertake checks and enforcement wherever the driver or the vehicle is registered, and for the enforcement body to be recompensed for that enforcement.

The Government should, as soon as possible, initiate a proper national system for taxis and private hire vehicles. That would be welcomed by the profession and by everybody involved in it, including licensing bodies, local authorities, and, most importantly—

[Mr Redwood]

Is the hon. Lady telling the House that the current licensing system is poor and allows through people it should not? Is she really sure that councils would welcome a national system?

[Julie Hilling]

I thank the right hon. Gentleman for his intervention because it allows me to reiterate what I said. Yes, the National Association of Licensing and Enforcement Operators has called for a more rigorous policy. It welcomed the Law Commission report and the notion of holistic legislation that could introduce some of the things the Government want but also created a robust system to ensure that we do not have rogue operators, rogue drivers, or people who are a risk to the travelling public.

I call on the Government to introduce holistic legislation and to remove these three piecemeal and ridiculous clauses from the Bill to ensure that the travelling public are safe and not put more at risk.

Criminal Justice and Courts Bill

Debate between John Redwood and Julie Hilling

Tuesday 17th June 2014 Commons Chamber

[Julie Hilling]

I rise to speak with some trepidation as I face a Chamber full of lawyers and barristers; I am neither, and never have been. I want to put it on the record that I am a member of the Howard League for Penal Reform.

All those who gave evidence to the Bill Committee spoke as one against the clauses under discussion. They said that the Government should not be making such moves. This is one of the nastiest bits of the Bill: it is very much a David and Goliath situation. From my perspective, and that of my constituents, the Government have already curtailed legal aid, and are now further curtailing access to justice. I understand why the Government want these changes. As a parent, an employer or a Minister, we never want our decisions to be challenged. I am sure that when Labour is in power, I will not want our decisions to be challenged. However, politicians are not always right. I know that that might come as a dreadful shock, but it is the truth.

Interestingly, Government Members on the Bill Committee were very concerned that interventions were coming from some of the most dreadful left-wing groups; in fact, the challenges came from everywhere. People were saying, “Actually you have got things wrong and we want them to be looked at again.” This is about people having access to justice and being able to go to judicial review; it is about David being able to stand up to Goliath. Those organisations that are prepared to support people are helping to hold the powerful to account. They are organisations that Members on both sides of the Chamber support, through subscriptions and fund raising, to help those who are least able to find the financial means to take their cases to court.

Much of this Bill is about secrecy and limiting access to justice, but David does need help to fight Goliath. By placing financial barriers in the Bill, we are saying that those organisations should not be part of our judicial system, but they are the part of civil society that ensures that society stays civilised. They are not a barrier to ensuring that the law is imparted properly, but part of ensuring that everyone in this country, whatever their means, has access to justice.

The Howard League, in its evidence, said that when experts receive permission to address the court through the provision of argument or evidence, they do so neutrally with the aim of assisting the court, and I very much believe in that. It has always been an established principle that the loser pays the winner’s costs, yet neutral interveners are unable to win or lose as another party may, and are almost always unable to recoup their costs. The proposals reinforce the position, and even make it worse, as they put additional costs against the interveners.

The proposals create perverse incentives. The better the case put forward, the more chance of higher costs being charged against the interveners. Let us think about those situations in which third parties have intervened. Last year, the Howard League intervened in a successful case brought by Just for Kids, which established the right of 17-year-olds to see an appropriate adult on being taken into police custody. Members might remember the tragic deaths of two 17-year-olds who were denied that right. In that case, the court recognised that many important arguments emerged from the intervener’s submissions. The Howard League said:

“It would have been perverse for the charity to be saddled with the costs of the government in responding to our legitimate and expert legal argument that was designed to aid the court in its decision making.”

The changes to the cost rules on interventions go directly against the advice of senior judiciary in their response to the Government consultation on the reform of judicial review in September 2013. Indeed, the courts can already impose cost orders against third parties, but the fact that such orders are rarely made shows that courts benefit from hearing from third parties.

Given that the Government took the advice of the judiciary not to bar third sector organisations from bringing claims by changing the rules on standing, the decision to introduce onerous cost consequences for those seeking merely to assist the court defies logic.

[Mr Redwood]

Does the hon. Lady agree that the main way in which our constituents should get redress from bad decisions, or influence bad decisions in a better direction, is through the representation of their MP or councillor?

[Julie Hilling]

I thank the right hon. Gentleman for his intervention, but he puts forward a false position. In this House, I can speak on behalf of my constituents and attempt to get Ministers to act on their behalf, but I cannot overthrow the rule of the court. We can of course attempt to change the law in future cases, but it is judicial review that enables our constituents to have recourse to justice, ensuring that justice works on their behalf, not just on behalf of the state.

I wanted to give a number of other examples of where judicial review has been used, but I will instead finish by saying that the Government should be ashamed that they are taking these steps to limit even further access to justice. They are further limiting the ability of the ordinary person to challenge the state and to say, “Actually, you’ve got it wrong on this occasion.” We will have better law and better justice if we do not curtail access for those who need it the most. I am most concerned about the little people at the bottom who will, thanks to these measures, not be able to access justice. I hope that the Government will see reason and accept our amendments. If they want to ensure that we continue to have a civilised society, they must support access to justice, and they must support David against Goliath.

Housing Benefit (Under-occupancy Penalty)

Debate between John Redwood and Julie Hilling

Wednesday 27th February 2013 Commons Chamber

[Mr John Redwood (Wokingham) (Con)]

This issue is creating a lot of passion, which I can understand. People’s homes are very important to them, and none of us wants to feel that the possession of our home is threatened or is subject to high-handed control from above. The morality of the argument, however, is not all on one side as the Opposition seem to suggest it is. Indeed, I would find their moral outrage more convincing if their Front-Bench team firmly pledged to repeal this measure if they were ever returned to office. I would also find it more convincing if when they were in office they had not taken the steps they did on private sector rented accommodation, probably as a prelude to going further.

On the basis of what the more moderate Opposition Members have said, they accept that there is a problem of under-occupation where free or subsidised accommodation is made available through the public sector. The morality on the Government side of the case is to say that we have obligations to all those people who want that subsidised or free accommodation but who cannot get it on the size and scale they need. There are two different groups here, and we need to look after the interests of both groups as best we can.

Of course there are visionaries on the Opposition side who say that the answer is easy: we just need to build hundreds of thousands of more homes at public expense so that everybody can have the accommodation they want. The issue then becomes why that did not happen when we had a Labour Government who knew how to do those things. The truth is that for anyone who sits on the Government Benches, such housing will always be a scarcer resource than people would like. If we offer something free or subsidised, there will be more demand than provision, even when we are trying to be very generous, so we must have rationing and allocation. All Governments, in good times and bad times, have had to allocate and ration public housing.

[Julie Hilling (Bolton West) (Lab)]

Does the right hon. Gentleman not realise that there was a period—certainly in Wigan—when we could not let council houses and they were knocked down, because people were buying houses? Our biggest problem now is that people who want to buy houses cannot get mortgages. They do not go into social housing because it is subsidised; they go there because they have nowhere else to live.

[Mr Redwood]

It is a bit of both. I entirely agree with the hon. Lady if she is urging the Government to do even more than they are currently doing to make more mortgages available so that more people can afford to buy homes. Members on both sides of the House would welcome that. I happen to know that Ministers are desperate to ensure that more mortgages are available than were available during the last few Labour years, and are working away with the banks to try to make it happen. That is very much part of the solution to the housing problem. [Laughter.] It is all very well for Labour Members to go into fits of hysterics, but they really should try to take a serious interest in the problem. Believe it or not, quite a lot of us Conservatives want better housing solutions for many of our constituents, and for people in other parts of the country.