Responsible Parking (Scotland) Bill

Mark Lazarowicz Excerpts

Friday 5th September 2014 Commons Chamber

[Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)]

I beg to move, That the Bill be now read a Second time.

After the momentous events that we have just seen, I invite the House to turn its attention to responsible parking in Scotland.

[Mr Christopher Chope (Christchurch) (Con)]

Will the hon. Gentleman give way?

[Mark Lazarowicz]

Time is limited, I am afraid. I might give way later, depending on how much progress I make.

Although the Bill is limited in scope compared with other issues that Scotland will have to discuss and decide on shortly, it deals with an issue that many constituents feel strongly about and that affects their daily lives, as I shall explain briefly later.

Before doing so, I will explain to the House why I thought it necessary and appropriate to introduce the Bill in the House of Commons. Under the Scotland Act 1998, transport in Scotland is generally the responsibility of the Scottish Government and the Scottish Parliament, but some aspects are reserved, such as the subjects covered by the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988.

In most respects, that reservation makes sense. It ensures, for example, that the same rules of the road apply across Great Britain. However, it also includes some provisions on parking. There are conflicting views and opinions on whether the Scottish Parliament can legislate on irresponsible or obstructive parking. Some legal advice has suggested that the Scottish Parliament does not have the power to legislate in that area.

[Guy Opperman (Hexham) (Con)]

I speak as a former lawyer. Why is this matter not being dealt with under the Scotland Act 1998? Surely that has the majority of the provisions and is the mechanism by which one could achieve the change that the hon. Gentleman so obviously wants.

[Mark Lazarowicz]

As I just said, there is a strong argument in favour of the position that the hon. Gentleman has set out, but legal advice from the non-Government Bills unit in the Scottish Parliament suggests that the Scottish Parliament does not have the power to legislate in this area. As a result, attempts by Back-Bench Members of the Scottish Parliament to introduce the equivalent of private Members’ Bills on this topic have so far been unable to make progress.

[Philip Davies (Shipley) (Con)]

Is the hon. Gentleman not putting the cart before the horse? Rather than clogging up the legislative timetable in this place, why does he not wait for the independence referendum, because this Bill may well become redundant very quickly?

[Mark Lazarowicz]

My Bill is an attempt to deal with a simple issue in a very restricted way. Even if, by some mischance, the vote went in favour of independence, these provisions could be passed very quickly and would not have to wait for two years or more to be attended to.

[Guy Opperman]

On that point, will the hon. Gentleman explain what the procedure would be? He is introducing a Bill to this House, but in 11 days’ time we have an independence referendum. If the referendum was carried, the Bill would have begun in this House, but Scotland would have become independent. The reality would surely be that his Bill would struggle, given that, as my hon. Friend the Member for Yorkshire made clear—

[Guy Opperman]

It is a very small and insignificant part of Yorkshire, as I am sure our other colleagues from Yorkshire would say. My point is that surely the Bill would be hamstrung by the procedures of this House.

[Mark Lazarowicz]

There is no reason why the Bill should be delayed if people approach it constructively. A Bill is currently being proposed in the Scottish Parliament by a Scottish National party MSP, Sandra White, and has support across the spectrum, including from Conservative MSPs. It has reached a point of being unable to proceed further because of conflicting legal opinion. Because of his legal background, the hon. Member for Hexham (Guy Opperman) will be aware that with issues such as parking fines, even of the smallest nature, or some other infraction of the Road Traffic Act 1991, some people will go to any length to appeal. No one would want there to be a challenge some years down the road because of some dubiety about the legislation.

I believe that there will be a no vote in a couple of weeks’ time. I am proceeding on that basis and hope that Government Members will do so as well. The Bill in the Scottish Parliament has all-party support and support from a wide range of non-governmental organisations, but at the moment it is basically stuck because of conflicting legal opinions in the Scottish Parliament.

[Mr David Nuttall (Bury North) (Con)]

Will the hon. Gentleman give way?

[Mark Lazarowicz]

With respect to the hon. Gentleman, I will make a bit more progress. Perhaps I will take interventions at the end of my remarks if I have time.

My Bill aims to cut through the thicket of legal argument by making it clear that the Scottish Parliament has legislative competence in this area. It would devolve to the Scottish Parliament, should it so wish, the power to introduce regulations to make irresponsible parking a criminal offence by amending schedule 5 to the Scotland Act 1998, and to exclude from the reservations to the UK Parliament provisions relating to parking on pavements and related issues. If the Scottish Parliament chooses to do so, that would include the power to impose fixed penalties.

I emphasise again that the Bill does not change the law on irresponsible or obstructive parking in Scotland, but it makes it clear that the Scottish Parliament can do so if it wishes. I want it to be able to do that without any risk of legal challenge, because many of our constituents feel strongly about this issue and I expect it has been raised with many Members in their constituencies.

Let me be clear: I am talking not about off-road parking that causes no inconvenience to anyone, but parking that blocks entire pavements or impedes wheelchair users from using ramps, which is frankly a public nuisance. Even worse, such behaviour can be a potential cause of danger to pedestrians, particularly those who are visually impaired or disabled in some way. If blind or partially sighted people are forced into the road to get by, they cannot see oncoming traffic. Equally, parking at dropped kerbs blocks the place where wheelchair users can cross the road most easily. It is not just the disabled who are affected by disruptive parking, but the elderly, parents with pushchairs, and children and pedestrians more generally.

[Mr Chope]

Are not all the offences that the hon. Gentleman has identified already offences because they are obstruction of the highway? That is an offence under the Highways Act 1980, which applies to Scotland.

[Mark Lazarowicz]

In practice, there is difficulty implementing and enforcing different interpretations of the legislation. That is why the hon. Member for Cheltenham (Martin Horwood) will promote a similar private Member’s Bill for England and Wales in the next couple of weeks. If my Bill progresses, it will go into Committee, which will investigate the points in more detail. That will allow the Scottish Parliament to go through the same procedure at an appropriate stage, which could be fairly quickly since the nature of its constitution enables it to make legislation more quickly. Irresponsible parking is not in the interests of motorists as it can make roads more congested and choke traffic. As I said, this issue affects many parts of the UK, and the hon. Member for Cheltenham will promote a Bill for the rest of Great Britain. My Bill seeks to allow progress to be made in Scotland, for the reasons I have given.

The hon. Member for Hexham asked about the legal position. I tend to agree with the view that this issue does not fall outside devolved competences, but there are opinions to the contrary and I want to ensure once and for all that there is no doubt about the Scottish Parliament’s ability to bring forward legislation of this nature.

As I have said, the Bill is supported by various non-governmental organisations in Scotland including, Guide Dogs, Living Streets and Sustrans. My initiative also has the support of the MSP who has introduced a Bill in the Scottish Parliament. Although we have diametrically opposed views on independence, we agree that, whatever Scotland decides on 18 September, the proposal is for a simple, straightforward change to make our streets and pavements safe and more accessible, which is long overdue.

The Bill should be a non-party issue. I have therefore been in touch with the UK and Scottish Governments. I am grateful for the contact that I have had with them. I understand that the Government’s position is that primary legislation is not necessary to achieve the objectives I have set out, and the Scottish Government might believe that the powers are a devolved competence. That is a matter of some disagreement, but the reality is that, whatever is said in the House, MSPs of different parties have, in different ways, tried to introduce such legislation for more than seven years. They never get anywhere because of the difference of opinion on the competence of the Scottish Parliament to legislate on such matters.

I want action to be taken to tackle this problem in our communities. If the Minister can offer a better way forward than my Bill, I will be content with it. I recognise that, in practice, the changes I seek can be made only with the active co-operation and support of both the UK Government and the Scottish Government. However, I want action, so I wait with interest to see what the Minister says later in the debate.

--- Later in debate ---

[Guy Opperman]

That is the problem. In theory, if it concerned a Bill passed by this House, it would be determined by the High Court in this country, then the Court of Appeal and then the Supreme Court. However, were one to be litigious and difficult—and Lord knows there are plenty of organisations that are—one could say, “No, this is a matter for the Scottish House and Scottish courts”. There might then be judicial review of the power of this House to introduce the legislation, and we would have the bizarre situation where a court might assess the legal merits on two particular bases under two different bits of legislation. If some of the legal arguments are correct—the hon. Member for Edinburgh North and Leith accepts that there are legal arguments against his proposal—they would undermine the legal and statutory basis of his Bill.

[Mark Lazarowicz]

I invite the hon. Gentleman to read the Bill carefully. Currently, if legislation is passed by the Scottish Parliament, there is the possibility of a legal challenge in the Supreme Court, as he knows. The point of the Bill is to remove that possibility by specifically giving the Scottish Parliament the devolved competence so that there can be no dispute. The whole point is to reduce the possibilities he talks about.

[Guy Opperman]

I take the hon. Gentleman’s point, but as we all discover when we get into Parliament, the law of unintended consequences is, without a shadow of a doubt, the most powerful law passed by any Government or lawmakers.

I am not aware of the scale and measure of the legal advice, but Ministers far above my pay grade are always being asked to reveal their advice. The hon. Gentleman is far more experienced than me and will know that, as is always the case, the Minister cannot reveal it. Surely, however, the legal advice from the Scottish Attorney-General and the lawyers who have disputed this matter over the past few years must be in the public domain and should be taken into consideration. I struggle to accept the Bill given that seven years into proceedings on this matter, lawyers have still not agreed on the appropriate legal and constitutional way forward. In that respect, I am greatly concerned that we might pass a Bill that would be enmeshed in legal process.

I merely wanted to make those observations. I fully understand the purpose of the Bill, as clearly one would wish to stop the things it aims to stop, but the bitter experience of my previous legal career and those of others—many lawyers have considered this particular point—leads me to question whether this is the right way forward.

--- Later in debate ---

[Mr Christopher Chope (Christchurch) (Con)]

I am certainly not going to talk this Bill out, because I hope we will have a chance to get on to my Bill, which would ensure we had to spend a minimum of 2% of GDP on defence. That is a very topical Bill, and even if we do not have a chance to debate it extensively, I hope it will get a Second Reading on the nod.

My first problem with the Responsible Parking (Scotland) Bill is its title, as everything the hon. Member for Edinburgh North and Leith (Mark Lazarowicz) said in introducing it suggested he was trying to address the issue of irresponsible parking, so I think he has got the wrong title for his Bill.

[Mark Lazarowicz]

I was advised by the Clerks that “Irresponsible Parking” would not have been acceptable but “Responsible Parking” would be.