Simon Hughes
Main Page: Simon Hughes (Liberal Democrat - Bermondsey and Old Southwark)London Local Authorities Bill [Lords] (By Order)
Simon Hughes Excerpts(14 years, 1 month ago)
Commons ChamberRead Full debate Read Hansard Text
Simon Hughes (Bermondsey and Old Southwark) (LD)
I am a temporary substitute for my hon. Friend the Member for Carshalton and Wallington (Tom Brake), who has had to go to a ministerial meeting. He and I have both been troubled by the provisions relating to power of entry. Is not the way to protect the rights of absentee occupants under part 5 to make sure that there is a code of practice to back up the way in which senior housing officers or their nominee behave?
The wording is relatively loose because it is a survey in which any delay is likely to give rise to unnecessary and imminent risk. That is serious, but intervention could take place more often than any of us would like. Members will need careful reassurance in Committee that the measure does not allow an officer of the authority to go in without giving an account, maintaining a record and knowing when permission has been granted. A code of practice is needed, as well as a clear record that is examinable as to when it was applied for, why and what the outcome was.
Mike Freer
The hon. Gentleman makes a good point. If we get to Committee stage, we can consider defining reasonable grounds for entry and the provision of a record of why, who and when. The problem is not insurmountable.
I shall make progress and deal with some of the other significant clauses, particularly clauses 26 to 28. Members are aware that there have been problems in Westminster concerning hot dog vendors. The City of Westminster has been effective in dealing with those rather disreputable vendors, and the proposal allows the council to confiscate the trolleys as they hit the pavement. It provides Camden council with the same powers. I should point out that the measure does not impact on street pedlars, a subject in which some colleagues in the House take a particular interest.
Clause 25 deals with a problem in many residential areas. Historically, we have seen lines of parked cars for sale causing an obstruction, particularly in residential streets, and causing a nuisance to local residents. These unregulated car dealers have got round placing a handwritten note in the window by advertising the cars on the internet, and possibly holding out as a private seller, meeting the potential purchaser on the pavement. The proposal allows councils to prohibit that and gives some consumer protection to local residents from such rogue traders.
Mike Freer
The problem is that it is already an offence to advertise cars for sale on the highway. Even if the seller is a private resident selling a car outside his own house, that is an offence. Over the years we have seen a proliferation of rogue dealers with five, six or 10 cars for sale on the highway, previously with handwritten stickers in the window, pretending to be private sellers. Purchasers would not get the consumer protection that they would by buying from a normal dealership. Owing to the prohibition of such advertising, people have moved their activities on to the web, so the Bill allows for the same prohibition to apply to sales on the internet. It does not affect people trying to sell their own car through a local newspaper; it enforces the existing law, whereby it is illegal to sell a car on the highway, and extends it to the internet.
Simon Hughes
The Whip’s not looking; he’s slipped out of the Chamber for a second.
Will the promoters of the Bill, in collaboration with Ministers, look at whether the same power for dealing with hot dog trolleys—the power to nick them if there is abuse—might apply to car salespeople who put cars on the road outside their premises? That has been a frequent problem in Rotherhithe, with firms selling second-hand vehicles that are always parked illegally on the road. They have never been effectively stopped, and it seems to me that the way to deal with it is to give the local authority the power to remove the car if it is parked illegally on the highway.
Mike Freer
My hon. Friend makes a good point, but the Bill deals with only the removal of an obstruction on the pavement. It is a valid point that I am more than happy to take away to the Bill’s promoters, however.
I understand that many Members might be concerned about increasing the regulatory burden, but I urge them—
Robert Neill
My hon. Friend makes a fair point, but rather than regard that point as fatal to the Bill’s future progress, the right approach is to say, as I will in relation to other matters, that I hope the Bill’s promoters will discuss with officials in the relevant Departments how they might seek clarification and improvements. I am grateful to him for highlighting that matter.
Similarly, we have to ensure that there is fairness in relation to the provisions in clause 8 for pavement charges. I understand the argument behind the clause, but equally we must ensure that an undue burden is not placed upon small local shops. We need to ensure proportionality.
Simon Hughes
May I reinforce that point clearly? The danger is shown in the service charges for people who have bought their property from the local authority, which we all know about. They end up being far higher than anybody ever envisaged, even though they are technically “reasonable” in law. The ability to deal with what is called “street furniture”—tables and chairs—is important, but within limits it should be permitted wherever possible. We need to ensure that local authorities do not give themselves powers that prevent cafés and restaurants from allowing people to sit outside, which is often much healthier than sitting inside.
Robert Neill
I have enjoyed sitting outside the occasional premises myself in the past, and the hon. Gentleman is right. It is entirely a question of getting the right balance, and I hope that we can do that with some good will as the Bill makes progress.
Robert Neill
As my hon. Friend knows, the Government are committed, through the localism and decentralisation Bill, to giving a wider range of general powers—for example, a power of general competence—but equally, it will sometimes be more appropriate and proportionate to give more specific flexibilities, such as those in the Bill. Both approaches can be part of the mix.
May I turn to the issue of entertainment involving nudity, which is addressed in clause 23? When the measure was considered in the House of Lords, the previous Government argued that it should be deleted. Clause 23 would amend the Licensing Act 2003 to allow local authorities greater powers to regulate lap-dancing clubs by allowing them to impose clauses on premises’ licences to prohibit entertainment involving nudity. That, I believe, is motivated by the concern that their powers under the 2003 Act are insufficient to allow them to prevent lap-dancing clubs operating within their area, or within certain parts of their area, or to regulate the nature of the entertainment provided within lap-dancing clubs.
When the measure was considered in the House of Lords, the previous Government sought its deletion because at the time, they were seeking the views of local authorities nationally. As a result of that consultation, they introduced legislation. Section 27 and schedule 3 to the Policing and Crime Act 2009 amended the Local Government (Miscellaneous Provisions) Act 1982 to allow local authorities the power to regulate lap-dancing clubs as sex establishments. This provides local authorities with much greater powers than those provided by the Licensing Act 2003, and those that would be provided by clause 23.
In opposition, we broadly supported the amendments to the Local Government (Miscellaneous Provisions) Act 1982 as they went through Parliament, and we remain supportive of those measures, As such, we believe that it would improve the Bill if clause 23 were deleted. It could complicate the licensing framework in London, and possibly undermine the new legislation in the Local Government (Miscellaneous Provisions) Act 1982. Given that since the London Local Authorities Bill was introduced Parliament has introduced national legislation to deal with the same issue that clause 23 seeks to address, it is no longer necessary and Home Office Ministers may well seek to have it removed. I hope that the sponsor of the Bill will reflect on that point as the Bill progresses.
Simon Hughes
I hope that that point will be accepted by the sponsors and that we end up with a regime that gives discretion on whether to allow nudity or partial nudity without taking too puritanical a view. However, often the problem is not that people are appearing in the nude, but that some of them were pressured into the job by being trafficked. That is the issue, not whether adults should be able to go and see what they want to see in licensed premises, which should clearly be permitted where possible.