Responsible Parking (Scotland) Bill

Philip Davies Excerpts

Friday 5th September 2014 Commons Chamber

[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—

[Philip Davies]

Not the whole of Yorkshire—not yet, anyway!

[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.

--- Later in debate ---

[Mr Chope]

Clause 1, however, refers to “Obstructive parking”. If that phrase is all right in clause 1, surely it would have been all right in the title of the Bill.

I have more serious reservations about this Bill, however. As has been said already, it is premature because of the proximity of the referendum. However, it does not matter which way the people of Scotland Vote: if they vote for independence, which I sincerely hope they will not, they will take over the responsibilities set out in this Bill; and, as I understand it, a deal has been done—I am not saying it has been approved by this House—by all the leaders of the main political parties to the effect that if the people of Scotland vote against independence, they will be allowed what is called devo-max. I do not know exactly what devo-max involves, but I think it probably includes allowing the Scottish Government to decide on such issues as obstructive parking, rather than having them dealt with by the United Kingdom Government.

[Philip Davies]

Does my hon. Friend agree that there is a slight irony in the fact that Opposition Members are on the one hand arguing that we should not have independence for Scotland and that we are better together, while on the other hand they are acknowledging that this is an issue that is the same right across the UK but that it should be dealt with by more independence for Scotland? Is there not some slight irony and contradiction in the arguments they are putting forward?

[Mr Chope]

Well, there is nothing new in that, as my hon. Friend knows.

I was surprised, however, that the hon. Member for Edinburgh North and Leith (Mark Lazarowicz) did not deploy the argument, in support of the no campaign in the referendum, that if Edinburgh was to become a diplomatic capital, the amount of obstructive parking by cars with diplomatic number plates would make the situation far worse than at present. If the people in his constituency and Edinburgh as a whole think there is a problem with obstructive parking, they should be very determined to vote no in the referendum to ensure it does not get any worse, with a whole lot more diplomatic vehicles there. That is a point that I make on behalf of the hon. Gentleman; it is a pity that he did not refer to it himself.

A further issue is that the Bill duplicates existing legislation. On too many occasions—not only on Fridays—the House tries to legislate on activities that are already against the law. The problem is that the existing law is not being properly enforced. I think the hon. Gentleman would accept that it is already against the law to obstruct the highway or to park on the pavement, thereby preventing disabled vehicles, buggies and people who are blind or have other handicaps from being able to move along the pavement. That is already against the law, and if that law is not being enforced, that should be a matter for the law enforcement authorities rather than for the lawmakers. People keep saying that we want more lawmaking, but let us think about whether we really want to litter the statute book with another piece of duplicate legislation.

There is a strong argument for applying the same road traffic laws across the length and breadth of the United Kingdom, and I am not quite sure why Scottish Ministers want to get involved in introducing separate offences for obstructing the highway.

--- Later in debate ---

[Philip Davies]

My hon. Friend is touching on some important points. Does he agree that Opposition Members have probably fallen into the Scottish nationalists’ trap? The nationalists are saying that they do not have the power to make these changes, simply in order to hide their own uselessness in governing Scotland. Rather than challenging them and telling them that they do indeed have that power and they need to pull their finger out and do something for the people they are supposed to be representing, Labour has fallen into the nationalists’ trap and accepted that more legislation is needed, thus giving the nationalists an excuse for not doing what they should be doing.

[Mr Chope]

My hon. Friend is absolutely right. Why would we want to give the Scottish Parliament more powers when it seems to be agonising at great length over issues as trivial as the one we are discussing today? I do not think it has demonstrated that it can be decisive and in control of events.