London Local Authorities Bill [Lords] (By Order)
Debate between Simon Hughes and Mike Freer(14 years, 2 months 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—