Deregulation Bill

Lord True Excerpts

Wednesday 4th March 2015 Lords Chamber

[Lord Harris of Haringey (Lab)]

My Lords, I am grateful to the noble Baroness, Lady Hanham, for bringing this amendment back. I did not have the benefit of attending the meeting that she had with the noble Lord, Lord De Mauley, but presumably his explanations of why the Government were doing this crazy thing were not sufficiently compelling to persuade the noble Baroness not to bring back the amendment.

The Minister has to answer some very simple questions if he is to persuade anyone that this is a good idea. The first is: what is the problem that the Government are trying to solve? What is wrong with the scheme under the London Local Authorities Act 2007? What is failing in that scheme? What is the evidence that that is not working or that people are being unnecessarily penalised for a first-time offence? It looks as if the Government have brought forward a Deregulation Bill and have decided not to deregulate something in London but to complicate the regulatory process by introducing extra stages, processes and bureaucracy. If I thought I understood anything about what this Government were trying to do, it was that they believed in simplifying red tape and eliminating wasteful form filling and processes. However, the Government’s proposal makes this area more complicated, not less. The Minister needs to explain why that is the case and why this is an additional regulation Bill rather than a Deregulation Bill.

The Minister needs to explain another thing. I thought the Government believed that localism was another important principle, but the London local authorities have come together and developed a scheme which is working well—unless the Minister can produce evidence at this 11th hour of a whole series of problems of which nobody else was aware. However, we now have an example of the heavy-handed bureaucracy of the Department for Communities and Local Government, and the Minister’s right honourable friend Eric Pickles saying, “I want to put the dead hand of central government authority on to London local authorities”. How does this square with the Government’s policy on localism? I suspect that this measure was dreamt up for reasons of simplicity without anyone looking at the details, and now nobody is prepared to admit that they got it wrong. However, the reality is that it imposes additional regulation, goes against the principle of localism and we will end up with more bureaucracy and problems to solve a problem which does not exist.

[Lord True (Con)]

My Lords, I apologise to the House for not having been able to take part in previous discussions on this matter, but I speak as leader of a London local authority and I consider that it is my responsibility to draw the House’s attention to the way this measure is perceived by a leader of a London authority. I am also by training a historian of Byzantium. I think that very few Byzantine emperors would have devised such a system for their capital city.

On the previous amendment, the Minister on the Front Bench argued very strongly against increasing bureaucracy and extra red tape. He also argued that London needed to be deregulated. However, I anticipate that, just a few minutes later, the Minister now on the Front Bench—my noble friend Lord De Mauley—will tell us the opposite of that and, as the noble Lord, Lord Harris, suggested, will tell us that we need more complication and further regulation. I simply do not see the logic of that and I do not know of another leader of a London authority who shares the Minister’s view.

We heard the representations made by London authorities on a previous amendment. It is important to realise that this is not some bone-headed resistance from a bureaucratic body. People who are talking to government, or who wish to talk to government and advise them, have authority and the responsibility of satisfying the people of London on a day-to-day basis that their streets can be kept clean and be competently administered. I believe that they are clean and competently administered in most cases. We have a non-criminal system that was recently established with general consent and which I do not believe needs to be tampered with. If the Government really believe in deregulation and devolution, there is no rationale whatever in changing the London system.

My authority is a keen promoter of recycling. We pass all the Pickles tests. We do weekly collections and even collect from side alleys. We do not have bin snoopers but we do have the opportunity to impose a light-handed touch of regulation. In five years as leader I have not had a single call, letter or email complaining about this system. There is no evidence base that I am aware of to justify imposing a more complex system on London.

I suspect that at this stage the Government are not prepared to change their mind. That is a pity in the light of the arguments in the record that I have read and those that I have heard. Of course, it would be perfectly possible to proceed with two parallel systems. In fact, it would be interesting to see whether the Government’s more bureaucratic system outside London was more effective than the less bureaucratic system inside London. That could be a sensible way to test public policy. Even at this late stage, I urge my noble friend to consider whether the Government could not leave London well alone. That would not stop anything that is planned for the rest of the country in terms of decriminalisation. That is the considered view of experienced people in London based on their experience of doing the difficult job of trying to administer London and at the same time reduce staffing in local authorities and not take on extra bureaucrats to implement ever more complex systems. I hope that my noble friend will reflect on that when he comes to reply.

[Lord Tope]

My Lords, I am the fourth current or former London borough council leader to speak in complete agreement with my colleagues—indeed, my former colleagues. The essential point has been made: what is wrong with the London legislation passed in 2007, which applies across London and was supported by all the London boroughs—it has to be supported by the London boroughs—that we now need Clause 57, at the end of five pages in the principal legislation, specifically deleting the provisions for London, and a four-page schedule, Schedule 12, implementing them?

There must be a pretty serious problem in London that needs fixing. It is supposed to be such a serious problem, but neither a current London borough council leader nor three former leaders from different parties and different parts of London are aware of any problem at all. The London legislation largely meets the Government’s intentions either specifically in decriminalisation or certainly in intent and purpose. The differences between the schemes are relatively minor, certainly not such as to require nine pages of principal legislation to deal with.

We ask, I think in my case for the third time during the passage of the Bill, what is so wrong with the London legislation that it requires this Bill to change it. What are the problems? What are the issues? There is no record of people being incorrectly or inappropriately prosecuted. Indeed, there is hardly any track record of people being prosecuted at all, so that is not really the object of it. The object is to encourage people to recycle and to comply, not to penalise them. It has a very well tested appeals system, albeit not tested in waste collection, which has not been a problem. It is the same appeals system as is used for parking appeals, which is certainly well tested in London.

We have a good system that has been in legislation for just about eight years. We have a good appeals system and a waste collection system that works. What exactly are the Minister and his colleagues trying to fix with this legislation?