Accountability in the NHS

Debate between Mike Penning and George Howarth

Wednesday 30th November 2022 Westminster Hall

[Sir George Howarth (in the Chair)]

I will call Sir Mike Penning to move the motion, and then will call the Minister to respond. There will be no opportunity for the Member in charge to wind up, as is the convention for 30-minute debates.

[Sir Mike Penning (Hemel Hempstead) (Con)]

I beg to move,

That this House has considered accountability in the NHS.

It is a pleasure to serve under your chairmanship, Sir George. I called this debate on accountability in the NHS. As a nation, we love our NHS which does a fantastic job for us, day in, day out. However, like any human being or organisation, sometimes it makes mistakes. When the NHS makes mistakes, the process of trying to get an apology or a mistake rectified is invariably a bureaucratic nightmare.

I have a couple of examples I would like to raise. I have permission from one to use their name, but I probably will not do so, because I will yet again pass correspondence to the Minister. I appreciate that the Minister here, my hon. Friend the Member for Colchester (Will Quince), is not responsible in the Department for this subject. The relevant Minister, my hon. Friend the Member for Lewes (Maria Caulfield), is on the Floor of the House answering questions, and I thank this Minister for explaining why she is not here.

We in Parliament are here to speak up for those who sometimes cannot speak up for themselves. When something goes wrong, Sir George, you would think we could get answers for constituents and get matters rectified, but within the NHS there is a lack of ministerial accountability, which I will come to in a moment. The complaints procedure eventually ends up with the ombudsman, but it takes for ever. There is a feeling in my constituency that, when things go wrong, the longer the process can be delayed, the more people will just accept what has happened. In some cases, they will sadly not be around any more. For their families and loved ones, this short debate is very important.

Probably the most dramatic example for me, not of the physical effects of surgery but of the effect on someone’s life, concerns one of my constituents. The NHS decided in 1986 that he needed an operation on his nose, but the operation that took place was not the one that was supposed to. I will use the language: it was botched. It was probably not intentional; it was a mistake but, to this day, that has had detrimental effects on his quality of life.

My constituent tried to go through the process of getting it rectified. I have tried to find out what was going on. He has pushed from pillar to post by different trusts: University College London and West Hertfordshire. I have written to previous Ministers over the years, only to be told that Ministers do not interfere in individual cases. I accept that but, when we reach a situation where there is nowhere else to go, ministerial accountability is important.

Diabetes: Artificial Pancreas

Debate between Mike Penning and George Howarth

Wednesday 12th December 2018 Commons Chamber

[Mr Howarth]

The common-sense approach is to look at what is going on elsewhere—in Scotland and in other parts of the world—to get the best of what is available and use it in the most effective way. My hon. Friend is quite right about that.

It is pointless giving type 1 diabetics the latest technologies, such as an artificial pancreas system, if they are not given structured education to support them to use the technology that is available. The limited uptake of educational programmes is a matter of great concern, and I hope the Minister shares that concern. Despite guidance from the National Institute for Health and Care Excellence, in 2014-15 only 2% of people newly diagnosed with type 1 diabetes were recorded as having attended structured education courses. For some, that lack of knowledge of the key principles of self-management is a major barrier to the use of technology, because without sufficient education, type 1 diabetics are not equipped to get the best results from the technology available.

[Sir Mike Penning (Hemel Hempstead) (Con)]

This is a very important debate and I am pleased we have time to listen to it. I will have to go and listen to my leader at 5 o’clock, so I apologise if I leave in the middle of the debate. With type 1 and type 2 diabetes, it is crucial to diagnose as early as possible. With type 1, which is very different from type 2, it is possible to diagnose very early on in the life of that person. Perhaps the right hon. Gentleman will allude to the differences between lifestyle issues and something that a person normally has when they are born. Surely the answer is testing early, so people can find out and have their educational needs met, and hopefully the product can be available across this great nation of ours.

[Mr Howarth]

I am glad that the right hon. Gentleman, who has a background in these matters, has drawn attention to the distinction between type 1 and type 2 diabetes. That is not to say that one is superior to the other, but they are two entirely different conditions brought about by entirely different circumstances. As I said in opening my speech, type 1 diabetes is an auto-immune condition. Nobody is entirely sure what triggers it in some people, but those in whom it is triggered have some predisposition towards the condition.

--- Later in debate ---

[Mr Howarth]

Yes. I pay tribute to my right hon. Friend, who does a massive amount of work as chair of the all-party group on diabetes. He is very knowledgeable on the subject and the issues involved, and he is of course right. I think I had already said more or less the same thing as he just said, but obviously I agree with myself and with my right hon. Friend.

Let me move on to the digital solutions, such as apps, which could offer platforms to deliver education in a convenient and personalised format. I should add the rider that mobile apps need to be safe, reliable and accredited to be clinically safe. It worries me that some apps out there are produced commercially but do not contain wholly accurate information. It is unsafe to rely on apps that are not properly accredited and that have not been assessed and evaluated by experts who know what they are talking about.

In addition to the low uptake of structured education, the number of specialists working in diabetes care is falling. Between 2010 and 2012, there was a 3% fall in the number of NHS sites that employ any diabetes specialist nurses. Anyone who has any experience of dealing with young people with diabetes will know that nurse specialists are often the very best possible source of advice.

In the light of this shortage, a national network of centres—possibly between eight and 10 expert diabetes technology centres, supported by virtual clinics—could well be a potential platform for the development of more effective structured education for patients, and for professionals as well. I shall say more about that in a moment. Such a network would be helpful for training future generations of diabetes clinicians effectively to provide artificial pancreases, and in the development and evaluation of new technologies.

One of the problems that type 1 diabetes sufferers tell me that they experience is the merry-go-round of different services that they have to access. They may have a problem with neuropathy, or a foot or eye problem, but they cannot access all those services in one place. Many diabetologists, although brilliant at dealing with the diabetes side of the problem, are not equipped to deal with young people who have, for example, psychological problems. All the services need to be better integrated.

[Sir Mike Penning]

I do apologise, Madam Deputy Speaker, but I will have to slip away straight after this intervention.

One group of people the right hon. Gentleman missed out, although it was not intentional, was parents. When a child is diagnosed with type 1 diabetes, there is a journey for the parents as well as the child, so there needs to be support for them. I completely agree with the right hon. Gentleman that diabetes does not pick on certain people from certain areas; it just picks on an individual. Sometimes it is hereditary—a lot of work is being done around the hereditary route—but it is not a choice; it is something that comes on to the family, rather than just the individual.

[Mr Howarth]

The right hon. Gentleman is right, and it was an omission on my part not to have acknowledged that. Any parent of a diabetic child has to experience the disease—at second hand, but in very important ways. The younger the child, the more responsibility parents have to take, so that is important. By the way, training and other support for parents needs to be built into the system.

Hormone Pregnancy Tests

Debate between Mike Penning and George Howarth

Thursday 14th December 2017 Commons Chamber

[Sir Mike Penning]

I completely agree with my hon. Friend. One thing that has surprised me is that although, on average, every single MP will have a victim of Primodos in their constituency, many of the victims think that what happened was their fault and that they are on their own. In the fantastic documentary on Sky, people came forward to say, “I have been affected by this, but I thought that I was on my own. I thought that I was the only one.”

[Mr George Howarth (Knowsley) (Lab)]

rose—

[Sir Mike Penning]

Another point was that the inquiry should be conducted fairly and independently. Members should consider that for a few seconds and take a look at who was on the committee while I take an intervention from the right hon. Gentleman.

[Mr Howarth]

The right hon. Gentleman is making a very powerful case. Given that the inquiry/review has now been very much discredited—it has certainly been rejected by all of those who have suffered—does he agree, as I am sure he will, that the way forward is set out in his motion, which calls for a

“Statutory Inquiry under the Inquiries Act 2005 to review the evidence on a possible association with hormone pregnancy tests on pregnancies and to consider the regulatory failures of the Committee on Safety of Medicines.”?

[Sir Mike Penning]

I praise the Clerks who helped me to draft the motion. I was very angry when we started drafting it, after reading the report, but they helped me get it into some kind of parliamentary language.

An inquiry has to be independent and judge-led, and it has be able to subpoena people to give evidence before it on oath, so that we can get to the absolute truth. It also has to look at the regulatory system that was in place at the time. I am afraid that the Department of Health cannot hide behind this report. To me, that is vital.

Let us look again at the point about the inquiry being fair and independent. One of the ways we thought it could be independent and fair was to have an expert witness who was not part of the campaign, but whom everybody massively respected. For those of us who have been involved in the thalidomide campaign over the years, it was a really positive thing when we heard that Nick Dobrik’s name would be put forward.

Interestingly enough, although Nick was there as an expert witness, he was not asked to play a part in drawing up the conclusions in any shape or form. In fact, he was asked to leave the room. Nick was very surprised—actually, he was gobsmacked—when, in good faith, the Minister and then the Prime Minister said that Nick Dobrik had fully endorsed the conclusions of the report. I know now that the Minister and the Prime Minister know—I have met the Prime Minister, and Nick has done an interview with Sky today—that he categorically does not endorse the conclusions of the report. It was fundamentally wrong for anyone to advise the Prime Minister or the Minister that he did. He does not blame the Prime Minister; I do not think I blame the Prime Minister. As a former Minister—I know that there are former Ministers on the Opposition Benches—I know that we take advice from our officials and they tell us what the situation is. In good faith, the Minister at the urgent question, and the Prime Minister at Prime Minister’s questions, said that Nick endorsed the conclusions.

On behalf of Nick, who cannot defend himself in this Chamber, I would like whoever gave that advice to the Minister and the Prime Minister to formally apologise to Nick Dobrik. He is a fantastic campaigner not only for the Thalidomide Trust, but for all injustices, especially within the pharmaceutical area. The victims do not feel that the inquiry was fair and independent at all. They should have trust and confidence.

The most important thing is that the inquiry was asked to find a “possible” association—not “causal”, but “possible”. I and other members of the all-party group asked the experts from the panel why, after taking the word “inquiry” out, the remit was changed again, because “causal” is very difficult to prove. They said that they followed the science, but they were supposed to follow their remit and do what they were told. If they felt that they could not do that based on the evidence in front of them, fine. They could have gone back to the Minister and the victims and explained that. Instead, we had the farcical situation of the group looking for something when they knew full well—it is clearly in the documents—that they could not reach the conclusion that there was a causal link.

Interestingly enough, the group also could not come to the conclusion that there was not a causal link, because the evidence was not there for either conclusion. As I said during the exchanges on the urgent question, an injustice has taken place. Natural justice is the reason we are sent here. We defend our constituents when the system has come down against them and caused such horrific, horrible things to happen to them, so we need to address that injustice.

Merseyside Fire and Rescue Service

Debate between Mike Penning and George Howarth

Tuesday 26th January 2016 Westminster Hall

[Mike Penning]

I will make a tiny bit of progress and then give way.

I am very conscious that a former Minister and a former chair of the Merseyside fire and rescue service are present. I pay tribute to the hon. Member for Bootle (Peter Dowd), because he went through an enormously difficult time in reforming the Merseyside service. I know that that was not an easy thing for him to do, so I pay tribute to him for the work that he and his board did.

For a short period, I was a fireman in the fire and rescue service in Essex, and I was the branch representative of the Fire Brigades Union for a very short period—until we fell out—and so no one is more conscious than I am of the work that our firefighters do on a daily basis. A lot of it is not seen by the public, even though the public expect them to do it. I am very conscious, having been to Lancashire, of the work that is done through mutual aid agreements. I saw help come across those borders—there were no borders and no lines on maps; firefighters just went across to help in the way that they should have. Firefighters from my constituency in Hertfordshire were also in the north-west, assisting with high-velocity pumps. A lot needs to be learnt from the type of flooding and rescue work that was done. The Prime Minister has already announced a review of not only how we protect the public better from flooding, but how we respond and where the facilities should be.

It is also important that we acknowledge the changes that have taken place in the structure of the fire service, certainly since I joined in ’82, as well as what has happened over the past few years. I pay tribute to the Fire Brigades Union, which in my time, would never have agreed to some of the changes that have taken place, especially in the manning of stations. However, practicalities relating to the modernisation of the service meant that when I was in Lancashire only the other day, all the whole-time station staff I met were what I would call day-manning staff. Other crews come down at night and are on call. It seems to be working really well there. It was first piloted, I think, in Woodham Ferrers in Essex, back in the ’80s. When I was there, we went to day-manning stations. It is about a different sort of facility, looking at what the requirements are and when staff can come in.

[Mr George Howarth]

rose—

[Mike Penning]

I give way to the former Minister.

[Mr Howarth]

I am grateful to the Minister. I join him in paying tribute to the FBU for the concessions that it has been willing to make, but does he not recognise that, because it has already made those concessions, the scope for any further reductions is inevitably much smaller?

[Mike Penning]

In some respects, I agree with the right hon. Gentleman. We have come some way, but I do not think that anyone would say that we have fully come through. For instance, the figure I have for the number of retained firefighters in Merseyside is 25, which is very low. That may be because we are looking at day-manning stations among other things, but the use of retained firefighters is how it is done in many parts of the country. Sadly, that is not the case in London, where there are no retained firefighters, which I find strange. We need to continue to look at that.

I do not have the full figures for Manchester, because the debate is about Merseyside fire and rescue service, so I will have to write to the hon. Member for Heywood and Middleton (Liz McInnes). My officials were scurrying away behind me to ensure that I had some details, but it is probably better if I write to her. I will say again that I do not recognise some of the figures on the amount of losses. We can all throw figures around, but let us get down to the facts.

Colleagues have talked about the small but significant increase in deaths in Merseyside, and that needs to be addressed. The statistics are always difficult: one death is too many, and one of the first things I said when I took over this responsibility just over three weeks ago was, “Yes, we have reduced deaths nationally enormously, but hundreds of people still die in fires and we need to get that figure down even more.” With the fire service in Merseyside and my specialist teams, I will personally look and ask for analysis as to why that figure has moved.

A couple of comments are very important. I am brand-new into the job. I was a firefighter, but that was a long time ago and the service has changed enormously since then. The one thing that has not changed is that, while we go in one direction, the fire service and other emergency services are going in the other direction, so it is right that we continue to pay tribute to fire services across the country and acknowledge the work that they do and that there have been many changes. In the debate, I was listening carefully about who is manning what and where.

Some colleagues said that their fire station may not open—I refer in particular to the hon. Member for St Helens North (Conor McGinn). It might well open if it were a fire and police station. It is difficult to convert a police station into a fire station because the big red trucks do not get into the foyer so well, but we can plan constructively in the community. I always use the analogy that a church is not about buildings; it is about people coming together, and that is what we are talking about with the emergency services.

The reforms we announced today based on the consultation are not top-down but an attempt to move further forward. As chief fire officer Paul Hancock said today, there is a general warmth towards them in the service. This is not about taking one force, putting it under another and undermining it—as a former firefighter, why would I do that? I am trying to ensure that those on the front line have the opportunities and finances there and that we do not waste money in silos with headquarters here and there when they could come together. Why is it that in any part of the country the fire and police headquarters are not in the same building? Why are human resources and procurement not done together?

Since I took over responsibility for the fire service, I have published information on the 43 police authorities in which I listed about 20 average products that they buy for front-line operational use, so that the public can see how much each PCC and chief constable is spending on that equipment. The variation is enormous. For instance, on a type of approved body armour, there was a £300 difference between one piece of kit and another. On batons, the figure was about £80. I intend to do similarly for the fire service. I am not telling anyone that they should go to a specific organisation to buy their equipment, but I think the public should know what is being spent and how it is being spent. In vehicle procurement, the fire service should be part of the e-auctions process to ensure that taxpayers’ money is spent correctly.

The Shrewsbury 24

Debate between Mike Penning and George Howarth

Wednesday 9th December 2015 Westminster Hall

[Mr George Howarth (in the Chair)]

Order. As far as I am aware, there are no criminal or appeal proceedings pending; in which case, no sub judice rule applies to this debate. It is a matter for debate. I want the Minister to understand that.

[Mike Penning]

I apologise if I inadvertently indicated that there was anything sub judice. Clearly there is not. The CCRC is there, before we get back into the courts, to independently look at what was going on.

Before I answer the question that the hon. Member for Oldham East and Saddleworth (Debbie Abrahams) asked me, let me say that 1972 is a long time ago. There have been many Governments, of two different persuasions, in power during that time.

Oral Answers to Questions

Debate between Mike Penning and George Howarth

Monday 16th November 2015 Commons Chamber

[Mr George Howarth (Knowsley) (Lab)]

Does the Home Secretary accept the word of the police and crime commissioner for Merseyside, Jane Kennedy, when she says that proposed budget cuts will affect the ability of the police to deal with serious and organised crime, sexual crimes and hate crimes? Does she not think that the police and crime commissioner is in a better position to know this than she is? If not, why did she create the position in the first place?

[Mike Penning]

We created police and crime commissioners because they are locally accountable, which is exactly what happened in the May elections. PCCs were opposed by the Labour party. There are excellent police and crime commissioners out there, but at the end of the day the Government have to decide police funding. We have not come to a conclusion yet. The House will have to wait.

Oral Answers to Questions

Debate between Mike Penning and George Howarth

Monday 13th October 2014 Commons Chamber

[Mike Penning]

I shall be in my hon. Friend’s constituency in the near future, so rather than him coming to me, I shall come to him.

[Mr George Howarth (Knowsley) (Lab)]

When he did not turn up for work on Friday 22 August, my late constituent Mr Joseph McIntosh’s employers alerted Merseyside police, as they were concerned about his well-being. The police called at his home and, finding him to be in need of medical attention, called an ambulance. When no ambulance had turned up after an hour, the police took Mr McIntosh to the local hospital themselves. Sadly, he later passed away. I have raised this matter with the Health Secretary, who accepts that North West Ambulance Service’s response did not meet the required standard. The chief constable of Merseyside police has referred the matter to the Independent Police Complaints Commission. As the Merseyside police and crime commissioner, Jane Kennedy, has said, the only body being held to account for Mr McIntosh’s sad death so far is Merseyside police. Will the Minister make it clear that the police are neither trained nor equipped to act as a substitute for the ambulance service?

[Mike Penning]

The police are no substitute for the ambulance service or for any other emergency service. The Health Secretary has explained exactly what the situation is, and the matter will be looked into. However, I was out on patrol in Holborn in north London recently when someone with a mental health illness was reported to the police. The police could have arrested that gentleman for a public order offence, or taken him to the hospital where he could receive the care that he needed. He went to the hospital with the police.

Oral Answers to Questions

Debate between Mike Penning and George Howarth

Wednesday 23rd January 2013 Commons Chamber

[Mike Penning]

I took a keen interest in the subject when I was a shadow Health Minister and the hon. Gentleman is absolutely right that we must tackle the plague of diabetes that is affecting our communities. Diabetes is not just a health issue, it is a way of life issue and sport, in particular, can bring real benefits. I shall speak to the Minister in the Assembly about diabetes and we will write to the hon. Gentleman.

[Mr George Howarth (Knowsley) (Lab)]

In any discussions the Minister has with the devolved Administration on a UK-wide strategy on diabetes, will he ensure that he emphasises that type 1 diabetes and type 2 diabetes are entirely different diseases that should be dealt with separately?—[Interruption.]

[Mike Penning]

I am afraid that I could not hear a single word from the right hon. Gentleman. Would he be kind enough to repeat his question?

[Mr Speaker]

Order. There is too much noise on both sides of the House. Let us hear the right hon. Gentleman.

[Mr George Howarth]

I asked whether in any discussions the Minister has with the devolved Administration, he would emphasise that type 1 and type 2 diabetes are entirely different diseases and that any strategy needs to reflect that in how it deals with them.

[Mike Penning]

I absolutely agree. Type 1 and type 2 are two completely different diseases, and while we talk a lot about type 2—we need to—type 1 has a devastating effect on communities and families, and we need to look at that, too.

Parking (Westminster)

Debate between Mike Penning and George Howarth

Tuesday 17th January 2012 Westminster Hall

[Mike Penning]

My hon. Friend raises an important point. The character of this part of town—a town in which I was born and brought up—is unique in the country. However, I will come on to the issues relating to parking and parking spaces, and revenues that are surplus to the cost of creating those parking spaces. They are important issues, and they were the issues that the hon. Lady was referring to.

Many people choose to travel by public transport, but many others usually use their car or van. Also, parking spaces are clearly limited, both on and off the street, and there is considerable demand for road space in one of the busiest areas not only in London but in the country. Without doubt, congestion—one of the areas covered in my portfolio—is a real problem. I can understand the competing concerns that the local authority in Westminster has to address. There are very difficult issues that need to be addressed when developing appropriate parking strategies in such circumstances.

The hon. Lady referred to the fact that Mary Portas produced a report for the Government on high streets, recommending that local areas should implement free controlled parking schemes in their town centres wherever possible. However, I am not certain that such a scheme would work brilliantly within Westminster, for obvious reasons.

The Portas review points out that the high street is in serious threat of decline. No matter where we look around the country we can see that, and Westminster is no exception. Town centre shopping is affected by the internet and out-of-town stores. The number of shops in the country as a whole has gone down by 25,000 during the past 10 years, so it is not something that has just suddenly happened, and Opposition parties cannot blame everything on the current Government; that decline has been going on for some considerable time. The case that Mary Portas makes in her report is that a range of measures—not just parking measures—should be used to encourage people to use secondary and main high streets, and it is an absolutely important case.

However, as the hon. Lady said, the report by Mary Portas indicates the crucial role of parking in making an area vibrant, and I think that that is the biggest point that we have heard today. The Government agree with the report by Mary Portas on that. I am not saying whether the Government fully agree with the comments that the hon. Lady said that Mary Portas had made, because I have not actually seen those comments, but I am sure that Mary Portas is more than capable of standing up for her own comments. So we are encouraging local authorities to look closely at how parking provision and charges work.

The Government understand that these issues have a massive effect. So, in January 2011, we amended the national planning guidance to remove Whitehall restrictions that imposed maximum numbers of parking places in new residential developments; to change a policy that inhibited competition between council areas, so that one parking charge would be imposed and another would not, which related to in and out of town centre developments; to introduce a policy that parking enforcement should be proportionate, and I stress proportionate; to remove the policy that encouraged councils to set car parking charges to discourage the use of cars; and to increase support for electric car power-charging infrastructure in parking areas.

The Government’s draft national planning policy framework follows through on those changes by removing the restrictions that impose maximum numbers of parking spaces in new non-residential developments. That will also relieve pressure on on-street parking.

As we know, Westminster council has now postponed its plans until beyond the Olympics and the jubilee celebrations. The Government welcome that decision, but we will wait—I think everyone will wait—for the judicial review to reach its own conclusions. It is up to Westminster council—if we believe in localism, we must leave it to the council—to come forward and make its decisions, based on the guidance that it has.

We appreciate Westminster council keeping Department for Transport Ministers fully informed, and council representatives have had several meetings and conversations with Ministers; I myself had a phone conversation yesterday with Westminster’s chief whip, Mr Caplan, about this debate. I understand that Westminster council has agreed to use the intervening period to discuss its policy and to continue to listen to the concerns of residents, visitors and businesses, who I am sure also want to find solutions to the ongoing pressures that the hon. Lady alluded to in her speech. The key is achieving a sustainable economy for the residents and the businesses together, and that is something that we all want to achieve.

It would perhaps be useful if I provided some context and said where Westminster is in the legal framework; the hon. Lady referred to the legal framework. The Department issues operational guidance to local authorities on parking policy and enforcement. That guidance was revised in November 2010, and it supports and complements the statutory guidance published under section 87 of the Traffic Management Act 2004, to which local authorities must have regard—I stress the word “must”.

Local authorities have long been responsible for managing all on-street parking and some off-street parking, and their relevant powers were first laid out in the Road Traffic Regulation Act 1984. Section 16 of the Traffic Management Act 2004 imposes an explicit duty on local authorities when they are carrying out these functions to manage their network so as to reduce congestion and disruption, and to appoint a traffic manager.

Following the provisions for authorities to manage parking that are laid out in the Road Traffic Regulation Act 1984, the Road Traffic Act 1991 significantly changed the way that on-street parking restrictions are enforced. Before the 1991 Act, the police and traffic wardens were responsible for enforcement, and income from fixed penalty notices specifically went to the Chancellor of the Exchequer. However, the police found that the impact of parking enforcement on the resources of a number of forces supported the idea that another agency should take responsibility for such enforcement.

The potential road safety and congestion implications of a lack of enforcement were unacceptable, so the 1991 Act made it mandatory for London boroughs and optional for other local authorities to take on the civil enforcement of non-endorsable parking contraventions; in other words, parking fines where a driver does not receive points on their licence. In London, boroughs were responsible for enforcement of such fines and some other authorities also enforced such fines. The legal framework for enforcement authorities is now contained in part 6 of the Traffic Management Act 2004.

Now you know, Mr Howarth, why I am reading it and not trying to do this from memory.

[Mr George Howarth (in the Chair)]

Order. I think that the hon. Gentleman was referring to his notes.

--- Later in debate ---

[Mike Penning]

Correct, Mr Howarth. And noted.

The legislation clearly places the responsibility for managing and enforcing parking on local authorities, and it is a mandatory requirement in London, including in Westminster.

The Department for Transport supports local authorities by issuing both statutory and operational guidance on parking policy and enforcement. The guidance makes it clear that each local authority should have a clear idea of what its parking policy is and what it intends to achieve by having that policy. Then the local authority needs to make traffic regulation orders to put parking arrangements in place, displaying appropriate traffic signs to show the public what the restrictions mean.

The parking strategy needs to take account of planning policies and transport powers; the needs of the many and various road users, businesses and residents in the area; the appropriate scale and type of provision that it will undertake; the balance between short and long-term provision; and the level of charges, which must be formally addressed.

On the issue of charges, I should add that both the statutory and operational guidance make it clear that parking charges are a tool to manage the demand for parking and should not be used as a revenue-raising measure. I will return to that point in a few moments if I can. The Department also recommends that authorities should consult the public on parking policies as they formulate or appraise them, before coming to a decision.

What I think the hon. Member for Westminster North was asking about earlier, and I think that my hon. Friend the Member for Cities of London and Westminster alluded to it too, is what happens if a council tries to reduce congestion and address the parking issues—as set out in the guidance—and there is a surplus. In my constituency, there is a surplus. We have looked very carefully at how we fix the charges, and there were lots of discussions about whether there should be a charge of £1, £1.50 or £1.75, and there were all the arguments about the change and so on. The figure ended up being, say, £2, and then the surplus comes.

I do not think that there is any doubt that Westminster council knew—I think that it has been very open about it—that there would be a surplus and that that surplus would be used. However, it is quite specifically set out in the regulations and the guidance how that money—the surplus—should be used within the community. So I think what the Secretary of State for Transport was alluding to in her comments was that there was a knowledge that there would be a surplus, but the main reason Westminster council was introducing this scheme was to reduce congestion and to ensure that it is possible for the local community, businesses and people—

[Mr George Howarth (in the Chair)]

Order. We must now move on to the next debate.