Londonderry and the City of London

Debate between Philip Davies and Mark Field

Wednesday 27th February 2013 Westminster Hall

[Mark Field]

Of course, as I am sure any of the hon. Gentlemen sitting in Westminster Hall today would be keen to point out, Northern Ireland’s education record is actually fantastic; it is the best of any part of the United Kingdom. It is perhaps the flipside of having such a strong public sector that teaching as a profession is rather more highly regarded in Northern Ireland than is possibly the case in other parts of the United Kingdom. As I say, Northern Ireland has a fantastic record on education. However, as the hon. Member rightly points out, ensuring that that education is built upon with skills that are relevant for the 21st century, particularly in the key global industries that I have referred to, is vital.

Following the signing of this memorandum of understanding, a number of angel investors and media outlets have already expressed a serious interest in the development of the cluster to which I have referred. The signing of this agreement is just the first part of a long-term business plan for further development of the tech cluster in County Londonderry. I hope this will culminate in developing deeper connections to funding networks in and around the City of London, with the intention of creating an investment fund for businesses, supported by Digital Derry, and the development of Digital Derry’s Culture Tech festival and the Ebrington creative hub, through closer engagement with the Tech City businesses.

A renewal of this historical relationship would not be complete without reference to the huge potential not only for economic exchange, but for cultural exchange, especially given Derry’s proud record of and status as the UK’s first city of culture. Throughout the year, there will be a huge number of events designed to feed into this, to mark the history of the Honourable the Irish Society and reflect its present role as a cross-community charity.

June will see a joint performance of a specially commissioned anniversary cantata, “At Sixes and Sevens”, which will be performed simultaneously in the two guildhalls of London and Derry-Londonderry. I am a liveryman at the Merchant Taylors, which is one of the sixes and sevens. Hon. Members may be aware that there is a long-standing dispute, going back more than 400 years, between the Merchant Taylors and the Skinners, which has given us this phrase about being at sixes and sevens. That performance links into City history, and it will be a great success in June. The cantata will be performed by Camerata Ireland and the London Symphony Orchestra, in conjunction with the specially formed community ensembles, presenting a musical representation of the shared history of our two cities.

There will also be a programme of lectures, both in the City of London and in Derry, on the history and development of County Londonderry over the last 400 years.

It would be remiss of me to fail to mention the commendable and important work of the Honourable the Irish Society, whose anniversary has provided such a strong impetus for the programmes that I have detailed today. Each year, the society provides around 100 grants to community organisations across Derry, ranging from local sports clubs to youth organisations and senior citizens’ groups. It works closely with a number of schools and has worked with the university of Ulster, to help disadvantaged pupils from local secondary schools to achieve their potential. It also continues to manage and maintain the Bann river system, which contributes so much to the natural beauty of the area.

I am sure that this year will mark a new era for Londonderry and its wider relationship with London. The prospects on which to build an economic and cultural collaboration that benefits all parties are there. Through the hard work and dedication of those involved—at the Honourable the Irish Society, in Derry and in the City of London—I am sure that this anniversary can provide a genuine catalyst for future growth and prosperity.

[Philip Davies (in the Chair)]

The hon. Member for Cities of London and Westminster (Mark Field) and the Minister have both kindly indicated that they are happy for hon. Members from Northern Ireland to contribute to the debate. I am happy to facilitate that, because I appreciate that they want to do so. However, we need to leave some time for the Minister to respond, in fairness to him and the hon. Member for Cities of London and Westminster.

City of London (Various Powers) Bill [Lords]

Debate between Philip Davies and Mark Field

Tuesday 26th February 2013 Commons Chamber

[Philip Davies]

I am very grateful, Mr Deputy Speaker. I do apologise for the discourtesy to you and to my hon. Friend the Member for Cities of London and Westminster (Mark Field). As I said, I popped out for a drink after the previous debate, where I had been on duty for quite some time.

[Mark Field]

It was tea, wasn’t it?

[Philip Davies]

It was indeed. However, you will be pleased to know, Mr Deputy Speaker, that I watched the monitor while I was drinking said cup of tea, and so I did catch the points that my hon. Friend made. You will be relieved to know that I do not intend to detain the House for long, but I am sure that you did not expect me to.

I want to begin where my hon. Friend the Member for Christchurch (Mr Chope) left off, by congratulating my hon. Friend the Member for Cities of London and Westminster. He is a reasonable man who listens to the points that are made in debate and, where good cases are made, responds in a positive way. We have not always seen that in previous debates on private business, and we should commend him for his approach to these matters. This Bill is certainly not as bad as some of the Bills that we have considered. As my hon. Friend the Member for Christchurch said, some of its clauses are positive changes that we welcome.

It is always right on these occasions that we congratulate my hon. Friend the Member for Christchurch on how he scrutinises such Bills, which it would be perfectly possible to allow to go through on the nod. Yet they do a great disservice to lots of decent people who are trying to earn a crust, and to show some entrepreneurial spirit in doing so, but find themselves on the wrong side of poorly drafted legislation. It is to his credit that we scrutinise these things in some detail so that we can try to avoid those pitfalls.

Like my hon. Friend, I strongly support the purpose of clause 3 on temporary street trading. As he says, this is a relaxation of the law that will enable more people to engage in entrepreneurial enterprise, and for that we should be grateful. However, I am not entirely sure exactly what is intended in all cases when this part of the Bill is brought into play and a licence is granted. It strikes me that the clause is not really intended for the benefit of entrepreneurs, as my hon. Friend seemed to think when he extolled its virtues. He seemed to be saying that it was good because it would be of benefit to entrepreneurs, but I am not entirely sure that that is its purpose, although it may well be its end result.

Let me explain what I think is the real purpose of the clause. Certain people in the City of London may on occasion want to have some swish event, or perhaps not even a swish event but just a celebratory event, on the streets of the City of London. They may realise that in order to make that event as good and as appealing as possible, they would be assisted by the provisions in the clause, without which the event might not be quite so popular. The clause seems to be intended for their benefit rather than the benefit of the people whom my hon. Friend apparently had in mind. However, that is by the by.

[Mark Field]

It is fair to say that clause 3 is designed to relax the strict rules that have been in place for the past century. I do not think there is any desire to return to the days of Bartholomew Fair or other such terrible things that took place in far-flung parts of the City of London. As my hon. Friend may be aware, the Winter Wonderland in Hyde park has been a tremendous success, and something along those lines, but on a much more limited scale and for a short period of up to three weeks, might be borne in mind for the City of London. It would be sensible to enable provisions for that.

[Philip Davies]

I agree. To be honest, that was the type of event that I had in mind with regard to the clause, although it states that the corporation may grant a licence

“subject to such conditions as the Corporation may determine.”

I am not entirely sure, but that may involve some harsh conditions that will not be particularly attractive to anybody. We can leave that as a matter for negotiation between any potential trader and the corporation, because it is in the corporation’s interest that some people will want to take it up. I think we can say that clause 3 makes a positive change and I am happy to support it as drafted.

On clause 6, I agree with my hon. Friend the Member for Christchurch on penalties. I, too, was not clear that a case had been made as to why this change should be made. I heard my hon. Friend the Member for Cities of London and Westminster, who promoted the Bill, say—this demonstrates that I was watching the monitor while drinking my tea—that the clause was intended to bring the level of the fine in line with that in other areas. I understand that, but that is not to say that those other authorities are on the right track. That argument seems to take it as read that because other authorities impose fines at a certain level, they must be right. Some may argue that they are not and that the current level is more appropriate.

[Mark Field]

I think that my hon. Friend would recognise that a fixed penalty notice provides a more efficient means of enforcement than going down the seizure route. One would hope that harmonising it to a level 3 fine of £1,000 instead of the current £500 fine would make seizure, which is the subject of other clauses, less likely. The fixed penalty route is a more efficient way of doing things.

[Philip Davies]

I accept that point, but I am not necessarily persuaded that we should ratchet up the fines. Of course, if there is good evidence to do so I would be happy to listen to it.

My main concern relates to clause 7 and enforcement, and this has been a common theme when we have debated other, similar Bills. The clause would give rather big powers to any authorised officer. Subsection (1)(c) states that such powers will be given to “any employee” of the corporation, but that extends the powers over seizure and other things covered by the clause far too wide. It seems far too draconian.

I am sure that the overwhelming majority of people who work in local authorities up and down the country do their job diligently, well and to the best of their ability, without abusing the authority that has been given to them. That tends to be how things are done up and down the country.

[Mark Field]

May I provide my hon. Friend with some reassurance? Part of this process is designed to help save the time of hard-pressed police officers, which is an issue that I am sure applies as much to the West Yorkshire constabulary as it does to the City of London. I assure the House that any officer exercising a power of seizure or issuing a fixed penalty notice will receive proper training. The corporation ensures that that applies to all current staff in cases involving, for example, litter offences and highway obstructions. My hon. Friend can be assured that council employees will receive proper training through training sessions in order to be made aware of their powers and the limitations of those powers under the Bill.

[Philip Davies]

I am grateful to my hon. Friend. That point is extremely helpful and shows that he understands my concern. He will correct me if I am wrong, but I do not think that that point is made clear in the Bill. It may well be the intention and I am certain that it is his intention. However, the people who run the City of London will change over time and the new people may well take a different view about the level of training that is needed. It might be helpful if it was made clear in the Bill what level of training is required before people are given this kind of power.

I worry about giving local authority officers what are, in effect, police powers, especially as liberally as in this provision. My hon. Friend seemed to indicate that the aim of this measure was to relieve pressure on the police. The point that I made earlier stands. Although the overwhelming majority of council officers carry out their work diligently and appropriately, I am sure that we have all come across examples of the pettifogging council officer. Funnily enough, I had to deal with one myself, a traffic officer, in Bradford not long ago. I am sure that such officers are not unique to Bradford. I worry about giving such powers, willy-nilly, to too many people without any of the appropriate safeguards.

City of Westminster Bill [Lords]

Debate between Philip Davies and Mark Field

Monday 5th July 2010 Commons Chamber

[Mr Mark Field (Cities of London and Westminster) (Con)]

This debate arises purely on a procedural motion, instigated at the behest of my hon. Friend the Member for Christchurch (Mr Chope), who has assiduously sought to safeguard the interests of pedlars on many occasions in respect of other private Bills in the past two years or so.

I do not intend to go into great detail on the merits of the City of Westminster Bill—nor would you allow me to do so, Mr Deputy Speaker. Suffice it to say that the main purpose of the Bill is to replace and consolidate the existing street trading regulations that apply in Westminster—namely, the City of Westminster Act 1999, which was itself a consolidating piece of legislation. We need new legislation that is fit not just for 2010 but for some years to come.

I should make it absolutely clear from the outset that the Bill does not affect pedlars wishing to trade in Westminster; the Canterbury City Council Bill and the Nottingham City Council Bill, which we shall debate tonight, would affect pedlars in the relevant areas. As far as pedlars in the City of Westminster are concerned, the position is exactly the same as it has been since 1999, so I am a little surprised that my hon. Friend the Member for Christchurch should have chosen to object to the revival of the Bill.

The Bill updates the 1999 Act, through which the council is able to regulate street trading using a fairly sophisticated licensing system understood by residents, traders and, no doubt, by many of those who have to go to court about these issues. Clearly, there has to be some sort of regulation in a place such as Westminster, which has world-famous shopping and tourist centres, or else there would be a free-for-all. Indeed, I often wonder whether any of those who come to London to set up their stalls and sell come what may do so because they feel that a free-for-all is already in place. Yet it would be wrong to suggest that there has not already been a fairly sophisticated regulatory system.

Among other things, the Bill gives Westminster city council additional powers to de-designate existing street trading pitches. I hope that that deregulation measure will find favour with my hon. Friends the Members for Christchurch and for Shipley (Philip Davies). The Bill also allows street traders to trade through companies rather than just as sole practitioners or members of partnerships. It enhances the powers of council officers to deal with the real problem of unlicensed hot dog trolleys by allowing them to be seized before trading starts and introducing a sunset provision on existing provisions that allow street trading licences to be passed on to relatives.

In London, there has been a costermonger-type community that goes back many generations and several centuries. In fairness, it is felt that there should be an opportunity for a sunset clause on the passing of street trading pitches from generation to generation. The Bill would allow pitches to be passed on one more occasion for each licence currently in play. As far as pedlars are concerned, the position remains as it has been for 11 years: a street trading licence will be required unless the pedlar is selling from house to house.

Clause 52 would allow the council to regulate touting in the city. I should make it clear that that has nothing to do with ticket touting; it is about touting for business in the street, which is a considerable annoyance to residents, workers and visitors. The City of Westminster has some 140,000 residents and some 500,000 people come to work here every day. There are also, of course, countless millions of visitors from the UK and abroad. The fact that the touting provision has nothing to do with ticket touting might find favour with my hon. Friends the Members for Christchurch and for Shipley; it is a much more general prohibition on touting for other purposes.

[Philip Davies (Shipley) (Con)]

I am delighted that the Bill does not impinge on ticket touting, but presumably people tout for business because they can get it. If they are getting business, they must be offering something that people are looking for, and at the right price. Surely that is in the consumer’s interest. Why would my hon. Friend wish to stop people who are clearly acting in the consumer’s interest?

[Mr Field]

That would be a legitimate argument if there were no opportunity for street trading in the City of Westminster, but there is already a huge opportunity. The whole licensing process tries to focus on ensuring that that opportunity is in place We are seeking not to end the idea of street trading, but to regulate such trading to a certain degree, so that there is not a free-for-all. That would be undesirable and seem to make the streets of central London ever more unsafe and unpopular for visitors, workers and residents alike.

The idea is not to stop street trading, for which there are significant opportunities. As with any Yorkshireman, my hon. Friend’s heart lies in Shipley and other parts of his fair county, but he will recognise that there are still enormous opportunities for people to come to London and buy things on street corners. The Bill would not prevent that; it would prevent simply the rather unsavoury and perhaps unsafe practices involved in elements of street touting. They do real damage to Westminster as a tourist attraction. Westminster wants to remain a global attraction; we want people from all corners of the globe to come to this great city.

The motion is purely about whether the Bill should be revived in the current Session of Parliament. The Bill was initially introduced in the House of Lords on 22 January 2009. Its Second Reading took place after a debate in that Chamber on 13 March 2009. Petitions were deposited against the Bill, quite legitimately—we should be able to discuss these things. It was then referred to a Select Committee, hence the delay of almost 15 months. The Committee, which sat in July 2009, disallowed the petition of pedlars on the grounds that they had no locus, for the reasons that I have already set out. As I said, the Bill does not change the position on pedlars, unlike the consolidation Act that came about 11 years ago.

At that juncture, the Committee was adjourned and no further date could be found for the recommencement of proceedings before Parliament was dissolved for the general election. The Select Committee members, the promoters and the National Market Traders Federation, the sole remaining petitioner, are all standing by to reconvene in the House of Lords on 19 July this year, assuming that the motion is passed today. All the parties concerned have put a lot of work into the preparation for the hearing.

My hon. Friend the Member for Christchurch has every right to object to the procedural motion before the House today. However, I hope that he and his friends and colleagues—my friends and colleagues—will not push the matter to a vote. The promoters of the Bill did all they could to move it on in the last Session. They wish to continue to do so in the new Parliament, as is evidenced by the fact that a Select Committee awaits, barely two weeks from now. Only the fact that we ran out of parliamentary time in the fifth year of the Parliament meant that we were unable to get this legislation on the statute book before then.

As the Bill originated in the Lords and the Lords has already passed a revival motion, I hope that we will be able deal with this business in the Commons with due haste tonight. The Lords ought to have the opportunity to scrutinise the Bill in detail, and my hon. Friend the Member for Christchurch and other hon. Members will have ample opportunity to do so themselves when it returns to the House, as I hope it will early next year.

--- Later in debate ---

[Philip Davies (Shipley) (Con)]

I congratulate my hon. Friend the Member for Cities of London and Westminster (Mr Field) on being such a dogged advocate for his local authority and his constituents. I would not want to say that I know his constituency, or what is required there, better than he does.

[Mr Mark Field]

I would at least do my hon. Friend the honour of suggesting that he knows my constituency better than I know his, but there is a good reason for that.

--- Later in debate ---

[Philip Davies]

My hon. Friend might be right, on this as he is on most issues. The Minister was at pains to stress that he would not prejudge what the national framework and legislation would be. The question is whether the Bills are worth reviving in light of the fact that the Government will push on with some kind of national legislation. The matter would have been more clear cut if the Government had said that they have no intention of pursuing national legislation, and that it was for local people to make up their own minds through local authorities. The Minister has slightly muddied the waters.

We all believe in the principle of localism. No one argues with that. My hon. Friend the Member for Finchley and Golders Green (Mike Freer) made a forceful defence of localism, and I would tend to share his enthusiasm. However, it is difficult to expect people to know the different legislation relating to peddling as they move from one local authority to another. Certainly, when I am in London, I find it difficult to know which local authority I am in, because there is no obvious boundary between one London local authority and another. It might be clear if one is a resident and can benefit from the low council tax that Westminster city council provides, but otherwise it is difficult to know which part of London one is in.

[Mr Mark Field]

Let me defend the honour of Westminster city council’s cleansing department by observing that the cleanliness of Westminster’s streets marks a very obvious distinction between it and, say, Camden or Brent.

[Philip Davies]

I am sure that my hon. Friend is right. He clearly examines the litter in various London streets in much more detail than I do, and he clearly knows which local authority area he is in, but other people may not. Pedlars may not know whether they happen to be in Lambeth or Westminster: they may not know where one of those areas begins and ends, and which part of a bridge is in which area. When legislation is of such a local nature, it is difficult for people to know exactly what the law is in their area.

Given that the Government are talking about a national framework, and given that—particularly in a city such as London—people may not know which council area they are in, I question whether it is sensible to revive the Bill. However, on this as on so many matters, I take my lead from my hon. Friend the Member for Christchurch. It appears from his remarks that he is satisfied that the Bill is worth reviving. Perhaps he is merely being collegiate and not wanting to cause his colleagues further discomfort or delay, but given that he seems happy for the Bill to be revived for the time being and to be scrutinised later, I will follow his lead. However, I question whether any of these Bills is worth reviving, even if the motion is passed tonight—as I am sure it will be—especially in the light of the Minister’s encouraging remarks about a national framework, which is so important in this context.