Traffic Controls (Schools)
Debate between Robert Goodwill and Baroness Stuart of Edgbaston(10 years ago)
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The Parliamentary Under-Secretary of State for Transport (Mr Robert Goodwill)
I congratulate the hon. Member for Birmingham, Edgbaston (Ms Stuart) on securing this debate. Her colleague, the shadow road safety Minister, the hon. Member for Birmingham, Northfield (Richard Burden), is on the Opposition Benches to listen to her remarks as well as to what I have to say, and I suspect that we will have a lot of common ground on this matter because it affects constituencies up and down the country. I am pleased to speak about an issue that is vital for the safety of our schoolchildren—indeed, the hon. Lady is probably pushing at an open door in that regard. In rural areas such as the one I represent, we have the additional problem that many parents seem to get into bigger and bigger four-wheel drive vehicles, which makes it harder for people to see when manoeuvring. Perhaps it is a fact of modern life, but a lot of people seem to set off far too late to take their children to school and have to race there.
We are all too aware of how traffic tends to be more congested during school drop-off and pick-up periods because many of us use our vehicles to take our children to and from school. Schoolchildren are therefore more likely to be at risk from traffic during those periods, and it is a particular problem directly outside schools because some children make their way home on foot or walk to the nearest bus stop. The Government are keen to increase the number of children who walk to school—we have set a target of 55%—and good schemes such as walking buses or “park and stride” encourage people who perhaps live too far away from their school to walk the entire distance to walk for some of it. That is good news not only for reducing congestion outside schools, but also for improving general health and well-being. When I drive to York station on a Monday morning to come to London, it is obvious when it is half term because the traffic is so much better.
Let me mention some of the legal measures available to local authorities and schools, and the powers that local authorities have to address the problem. Local authorities can tackle congestion and protect vulnerable schoolchildren by applying traffic control measures such as “School Keep Clear” zig-zag markings outside school areas. Those areas can be either advisory or mandatory, and it is for the local authority to determine what is appropriate in particular circumstances. If it considers that an advisory approach will be effective, the local authority should apply the appropriate zig-zag crossing on the road outside the entrance of a school to indicate to drivers that stopping or parking is not permitted in the marked area. An advisory marking is unenforceable by the local authority because it is not prohibited in an order made by the council, and traffic signs are not required to indicate the advisory marking. The police can, however, give a driver a parking fine for causing an obstruction as a result of stopping or parking on a “School Keep Clear” road advisory marking. Advisory markings are only intended to act as a deterrent, although as we have heard, some drivers take a lot of deterring.
If a mandatory approach is considered more effective, the local authority will be required to make a “School Keep Clear” zig-zag marking a parking prohibition in an order, and it must also apply appropriate road markings and traffic signs. Local authorities that have taken over responsibility for parking enforcement from the police can enforce a mandatory “School Keep Clear” marking with a penalty charge notice. Current arrangements provide flexibility for local authorities to decide whether an advisory or mandatory approach is needed, and I believe that they are best placed to tackle traffic management in their area. Most school governing bodies that I know include one or two councillors, so it will be easy for them to feed back that concern.
Parking on the pavement near schools is common practice in some areas and can cause severe problems for parents with children in pushchairs, people in wheelchairs, or the visually impaired and blind. Pavement parking could also block the footway passage for schoolchildren, forcing them on to dangerous roads.
In London, parking on the footway is prohibited, but in some areas it is permitted to maintain easy traffic flow. It would be for the London local authority to decide parking arrangements for a local area, and that may include permitting pavement parking. In England outside London, parking on the pavement is not banned. However, local authorities have the power in legislation to implement a pavement parking prohibition in particularly problematic areas, such as outside schools.
Ms Gisela Stuart
The Minister is absolutely right about the legal framework, but the reality is that our local authorities’ financial means have been cut to the bone. If I go to my local authority and say that I want one of those traffic management orders, it will say, “We simply do not have the money.” In Birmingham, there are more than 475 schools and it simply does not have the means. We need other ways and issuing tickets is the simplest thing to do.
Mr Goodwill
I will come on to other ways that may be used to dissuade people from bad behaviour, but I am currently outlining the statutory tools available to local authorities in particular areas. Issuing tickets will create revenue, which may make the system self-financing. However, I must make it clear that we do not support any measures that could be seen as re-declaring the war on motorists that the previous Government seemed to be engaged in.
Since 2011, enforcing pavement parking in English areas outside London has been made easier by my predecessor, the right hon. Member for Lewes (Norman Baker), who was responsible for removing the requirement for councils to apply for individual traffic sign authorisations. Baroness Kramer wrote to English local authorities outside London this summer, reminding them of their existing powers to enforce pavement parking and encouraging them to do so.
Double parking outside schools when dropping off or picking up schoolchildren can obstruct the passage and flow of traffic, and may put schoolchildren at risk of being hit by a passing vehicle. Local authorities with parking enforcement powers can enforce double parking violations without the requirement for traffic signs, because double parking is prohibited in national legislation. Similarly, local authorities can give a penalty charge notice to drivers who block access to school grounds or nearby facilities as a result of parking their vehicle alongside a dropped footway outside the school area.
Yellow line restrictions near school areas can also be enforced by the local authority. In these circumstances, the police can only enforce if a vehicle is causing an obstruction as a result of parking on a yellow line, or if the local authority has not as yet taken over the responsibility of parking enforcement from the police. I suspect Birmingham is an authority that has taken over enforcement powers from the police, and I encourage all local authorities that have not yet done so to take on those powers. Local authorities have the power in legislation to make arrangements for the patrolling of places where children cross roads on their way to and from school. My Department works closely with intermediaries and partners who engage with children directly, such as teachers, out-of-school group leaders and parents, to communicate road safety messages. The Department provides them with free lesson plans, resources and activities that can all be found on the Department for Transport’s award-winning “THINK!” website. Moreover, the Department continues to work with local road safety officers and stakeholders, including the road safety charity Brake and in partnership with the RAC, to help them deliver road safety plans.
My Department and the Department for Communities and Local Government recently consulted on proposals to tackle over-zealous parking enforcement by local authorities. One proposal was to introduce a ban on the use of CCTV by local authorities for on-street parking enforcement. The Government received an overwhelming number of responses requesting that the use of CCTV by local authorities for traffic enforcement outside schools be exempted from the ban.
We recognise that the primary objective of any camera system for enforcement is to ensure the safe and efficient operation of public highways by deterring motorists from breaking traffic restrictions and detecting those that do. We also recognise that areas outside schools are more susceptible to traffic accidents if a robust system of enforcement is not in place. For that reason, we have listened to the views of the general public, and parents and teachers in particular, and have exempted from the ban the use of CCTV by local authorities for traffic enforcement outside schools. That could be in the form of either a fixed camera or a camera van to ensure that people who are parking illegally receive the appropriate sanctions. CCTV is necessary in these areas in particular, because it takes most drivers only 10 seconds to drop somebody off. Therefore, even if a parking warden or an officer of the council is there, it is not possible to ticket more than one car. With the use of cameras, enforcement can be done in a pretty severe way to get the message across to parents who park dangerously. It would be great to have the hon. Lady outside all the schools in Birmingham—I am sure similarly stern ladies could do the work—but the use of cameras is one way to ensure that people cannot get away with dropping people off.
Mr Goodwill
Where civil enforcement has been taken over by the council, as in the case of Birmingham, it would be up to the local authority, through its civil enforcement officers. If it was a particularly big or busy school it would be possible to install a camera outside the school to do that work, but other local authorities could use a van with a camera fitted to enable that to happen and to provide a deterrent when word gets around that people are being ticketed.
Unfortunately, no matter how strong a message is given to parents, either directly or through their children, not all parents understand the dangers of parking outside schools. If local authorities want to use cameras, we have allowed them to use them in specific locations: red routes in London, bus lanes and outside schools. I was keen to impress on my colleagues in the Department for Communities and Local Government how important it is to make an exception for the situation outside schools. As hon. Members probably know, this has been taken forward as an amendment to clause 39 of the Deregulation Bill, which is currently going through Parliament. It will enable the power to be retained by local authorities and for there to be an exemption from the camera ban.
There is important work to be done by schools on information campaigns and sending notes home from school. I have heard of cases where vehicles and their registration numbers have been listed and circulated back to parents to try to encourage more responsible behaviour. I repeat that we absolutely understand the problem. We need to give local authorities the right powers, and retaining the use of cameras gives them those additional powers. As I have outlined, there are several ways local authorities can enforce parking restrictions outside schools, and I would encourage them to use those powers.
Mr Goodwill
There are certainly processes that local authorities would need to go through, although not in the case of vans. If there were several schools in an area where this was a problem, the use of a van fitted with camera equipment might be the best means of enforcement, and of course parents would never know when it might be parked outside their school.
Once again, I thank the hon. Lady for bringing this matter to the House. It is a matter that concerns me as a parent—even if my children are now past school age—and one that affects every constituency in the country. She has identified a real problem that parents are worried about, and I hope I have reassured her that local authorities have the powers to do something about it, and I hope they will avail themselves of those powers where this is a particular issue. The last thing we want is children being deterred from walking to school or feeling unsafe because of the mêlée of cars outsides their school. We need to get people walking to school again, whether all the way from home or from a sensible parking place.
Question put and agreed to.
High Speed Rail (London - West Midlands) Bill: Select Committee
Debate between Robert Goodwill and Baroness Stuart of Edgbaston(10 years, 7 months ago)
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Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)
I will not pre-empt what I have to say when I move my amendment, but will the Minister clarify what he meant when he talked about passive provision and referred to Heathrow? Is he saying that passive provision is already in existence, or would it have to be made?
Mr Goodwill
The passive provision for the Heathrow spur is included in the first phase. That is because if the spur goes ahead—it is already part of the second phase that is being consulted on—breaking into the line to put in a link would be very expensive and disruptive. The spur—the passive provision for the Heathrow link—is part of the first phase. We are consulting on the second phase, part of which is the Heathrow spur.
I must point out that the first phase of HS2 includes a very good connection to Heathrow airport via Old Oak Common, with up to eight trains an hour and 11 or 12-minute journey times. That is a very good way of getting to Heathrow and to other stations served by Crossrail. Old Oak Common is currently a little-known backwater, but very soon, I promise, it will become as famous as Waterloo, St Pancras or Victoria stations and be an integral part of this country’s and this capital’s transport system.
Ms Stuart
May I make this clear? The passive provision for Heathrow is already in place, and passive provision to provide for a potential HS1-HS2 link could be put into the legislation as it is now. It would have to be put in because it is not there by virtue of the Heathrow passive provision, and it could not be added by dint of the Committee deciding to do so.
Mr Goodwill
Yes, I think the hon. Lady has got it right. There is an opportunity, should anyone wish to take it, to petition the Committee to put in some passive provision for a future connection. We have commissioned HS2 Ltd and Network Rail to look at options for better connecting the rail network to HS1, but any conclusions that require powers would not be taken forward in this Bill.
On the carry-over motion, hybrid Bills can be carried over Prorogations because Standing Order 80A does not apply. This is a completely standard part of the process for hybrid Bills, as they generally take longer than public Bills.
Mr Goodwill
The Committee already has the budget before it. I do not want to add anything to what I have said already.
My right hon. Friend talked about further instructions to the Committee. It is the case that further instructions to the Committee can be made only by a motion in the House. The Government believe that these instructions are correct and we have no plans to change them.
Ms Gisela Stuart
The Minister is on weak ground if he does not make the MPA report available to Committee members and if the Committee does not have access to something so significant. Virtually every Select Committee I have ever been on has, at some stage or other, talked to Ministers and been shown confidential documents.
Mr Goodwill
I am sure that were the Committee to make a request for either this type of report or commercially confidential material it will be considered at that time, but at this stage the Committee has not been formed and no such request has been made.
The right hon. Member for Holborn and St Pancras (Frank Dobson), as we heard from his contribution, is a man ahead of his time. His predictions have come to pass—at least the ones that he referred to; he may have made other predictions that have not. I would be keen to have dinner with him at one of the restaurants at Euston and see the problem first hand. Maybe I should go incognito; I suspect he is so well known he could not go incognito. As a fellow Yorkshireman, I suspect that there may be a problem at the end of the meal when we have to decide who is going to pay.
Mr Goodwill
How could I refuse such an invitation?
The right hon. Gentleman asked whether we could confirm that any new Euston proposals would require a new environmental statement, consultation and petitioning period. The answer is yes. A consultation would be required by Standing Order 224A. The change would then be subject to a new petitioning period.
The right hon. Gentleman also talked about petitioning by business associations. I think I can go further than I did in my intervention. A business is defined in the terms of this measure as an organisation that exists to make money for its owners. A business association would not seem to meet this definition and so would have the longer deadline. I suspect that if he found a different lawyer he would probably get a different result, but that is the position of this Government at this Dispatch Box and I hope those associations will be reassured by that.
My right hon. Friend the Member for Meriden (Mrs Spelman) talked about the green belt. The Bill includes powers for local authorities to approve plans and specifications for the railway, which should ensure that any structures in the green belt are designed sympathetically.
This debate has been an important stage in the progress of this Bill for phase 1. I hope I have explained why many of the amendments are superfluous to the effective operation of the Committee.
Ms Gisela Stuart
I may have missed the Minister’s—very brief—response to my amendment.
Mr Goodwill
The hon. Lady’s amendment was about the link. I made the point that it would be possible to petition to ensure that a link was not obviated, but the link itself, whichever route it might take, was not covered. Therefore, in the same way that we have provision for the Heathrow spur in phase 1, it would be possible to petition to ensure that the construction of phase 1 would not rule out any future link. I thought that was one of the very first points I made—if the hon. Lady was paying attention then.