Paul Holmes Portrait Paul Holmes (Hamble Valley) (Con)
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It is a pleasure to see you in the Chair as usual, Ms Vaz. I want to make a quick remark, notwithstanding the fact that the shadow Minister, my hon. Friend the Member for Ruislip, Northwood and Pinner, may want to speak to this. Briefly, I welcome that the Minister’s and the Government’s recommendations, contained in schedule 5. The Minister does not know those of us on the Opposition Benches too well at the moment—she will do by the end of this Bill Committee—but, if she can get my hon. Friend the Member for Broxbourne to agree to extra regulation, that is absolutely good enough for me. He is well known as somebody with strongly held views about the role of the state in local government from when he ran his excellent local authority and administration. The Minister has managed to achieve something that I, as his Whip, have never managed to achieve.

I welcome this sensible piece of regulation. One of the things I welcome in the Bill is the assurance the Minister has given, and which is set out within the House of Commons Library paper, that it would grant strategic authorities and county or unitary authorities where a strategic authority does not exist. That is a sign that the Government are listening to the wants of local authorities—as the previous Government did when they licensed pedicabs, for example, with my former colleague Nickie Aiken getting that Bill through. I wanted to place on the record that I believe this is a welcome piece of regulation—but the Minister should not get too carried away and start making regulations everywhere willy-nilly.

Vikki Slade Portrait Vikki Slade (Mid Dorset and North Poole) (LD)
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I have nothing to add, apart from the fact that this is a good addition; but the hon. Member for Hamble Valley mentioned pedicabs, and I cannot let that go by without asking the Minister to look again at that issue, because they are absolutely blighting the part of London where we work, making tourists’ lives utterly miserable, and contravening virtually every traffic law I have seen, with little enforcement. If there is any opportunity to go further on pedicabs, bring it on.

David Simmonds Portrait David Simmonds (Ruislip, Northwood and Pinner) (Con)
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It is a pleasure to serve under your chairmanship, Ms Vaz. It seems to the Opposition that this schedule is weaker than it would have been had the amendments been accepted. I know that when we have debated other areas of local government legislation, the issue that comes up time and again is the frustration that our constituents feel when they are unable to get what sounds like a perfectly robust regulation enforced in practice—whether that is fly-tipping, antisocial parking or the point made by the hon. Member for Brighton Pavilion around delivery drivers, scooters and so on, which I know exercises many of my constituents.

We remain concerned that this is a missed opportunity to give local authorities the most robust tools that would put beyond doubt what the test that had to be met was, and create the appropriate legal path for effective and rigorous enforcement locally. None the less, the schedule broadly represents a step forward. Therefore we will not oppose it.

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David Simmonds Portrait David Simmonds
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We have tabled amendment 291 to schedule 7. I know that this is an issue of great contention; the major concern is, as we have seen to a degree in London, mayors choosing to use their powers to levy fines, largely as a way of generating income. That sits somewhat ill with the regulations for parking, which are treated separately and are a local authority matter, where the proceeds from fines and enforcement activity is part of a ringfenced parking revenue account that may only be used for purposes connected to parking and the maintenance of the highways and the roads. There is therefore already a measure, regarding local authorities, that ensures that those who are paying the fines, fees and charges can see that the contribution that they are making through those is used to improve the safety and quality of the environment in which they drive, walk or cycle.

We remain concerned about the implications of this measure; some of those mayors and combined authorities may see this as a very handy revenue raiser, and start to ramp up enforcement in a way that is unhelpful. As we have seen in the case of Greater London, policies that might work well in highly congested central London are simply totally inappropriate on the fringes, and a replication of that scenario could be seen across other parts of the country—a one-size-fits-all approach that we would wish to see avoided.

That is the motivation behind amendment 291, but I will be interested to hear what the Minister has to say about how the Government will ensure that this is not simply a measure to use motorists as a cash cow.

Vikki Slade Portrait Vikki Slade
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Before I speak to amendments 246 and 348, I just want to reflect on the Minister’s comment about the ability of local authorities to enforce things such as yellow boxes, and the requirement to still obtain that consent from the Secretary of State. At Bournemouth, Christchurch and Poole council, we were granted the rights to do that, but the council was incredibly limited in the specific locations in which it was able to apply for that right. There were a number of places that felt their yellow box junctions were ignored.

In my own ward of Broadstone, one such yellow box at the entrance to a parking area regularly caused extensive delays. For local people, if we could change one thing for them, it would be, “Get that damn yellow box enforced!” However, it was not seen as strategic enough for the local authority to apply for the permissions. Enforcement is therefore reliant on police officers, who are not going to stand there and patrol those sorts of things. I would therefore be interested to hear whether the Minister would be willing to devolve that power more truly, rather than retaining it at the centre.

Amendment 246 is a simple one that seeks to retain the decision making of those new civil enforcement powers to the elected persons, whether that be the elected mayor or an elected member of the authority. Elsewhere in the Bill, there are elements that are not allowed to be devolved to a commissioner. The amendment is about ensuring that these decisions are not devolved to a commissioner but are made by the elected person, as they will have that direct impact.

Amendment 348, in the name of my hon. Friend the Member for Chelmsford (Marie Goldman), which my hon. Friend the Member for Stratford-on-Avon and I have also put our names to, seeks not to change the law on pavement parking— as we have discussed in the Chamber on a number of occasions—but to harmonise the rules so that the existing law on obstruction of the pavement, which requires the police to enforce, can also be enforced by civil authorities.

We regularly have situations in which civil enforcement officers—traffic wardens to you and I, Ms Vaz—have to walk past a car or van, often a delivery van, parked on a pavement, blocking guide dogs and people with mobility scooters from getting past. There is nothing they can do. I know that colleagues in this room will constantly be emailed by people asking, “What are you going to do about it?” All we can do is say, “Call the police.” We may be getting more police officers, but I personally do not want to see my police officers having to spend their time ticketing.

Manuela Perteghella Portrait Manuela Perteghella
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My constituents are also quite confused about which public service to call. We have to explain, “If it is about parking restrictions, you have to call the county council; if it is about dangerous parking, you have to call the police.” But how do you define “dangerous parking”? Sometimes the police will then point people back to the council. We would really appreciate clarification—or harmonisation, actually—of civil enforcement on highways matters.

Vikki Slade Portrait Vikki Slade
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This is very much about clarification. We know that a decision will be made, apparently very soon. I believe “very soon” was used in a Westminster Hall debate only a couple of weeks ago—I am new at this, but I think that that might mean sometime in this Session, perhaps—and we will get the outcome of the consultation on general pavement parking. Our amendment 348 is about obstruction, which is an existing offence.

Paul Holmes Portrait Paul Holmes
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I agree with the comments made by the hon. Member for Stratford-on-Avon and I thank the hon. Member for Mid Dorset and North Poole, the Lib Dem spokeswoman, for her excellent speech. Will she acknowledge that—as much as she gets emails, every colleague across the country gets such emails—this is about making it easier for the end user, our constituents, to report stuff? Does she agree that Guide Dogs, which has been running an excellent campaign on behalf of the blind for many years, would be pleased to see the Minister accept amendment 348?

Vikki Slade Portrait Vikki Slade
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I am so glad that the hon. Gentleman mentioned Guide Dogs. I have Guide Dogs written down on my notes, as well as the RNIB, the Royal National Institute of Blind People, of which I am a champion. They have been campaigning for the full change, but amendment 348 would certainly be a step along the way. I also understand that it would implement the Transport Committee’s 2019 report recommendations. A lot of work has already been done on the issue.

The second element of amendment 348 contradicts something that the shadow Minister talked about in connection with Conservative amendment 291, which relates to parking fines. As a councillor and former leader of Bournemouth, Christchurch and Poole, I was delighted that over the summer a Minister gave permission for Bournemouth, Christchurch and Poole to have a trial of extended fines. That is not about councils trying to make money, but about councils trying to balance the books and local taxpayers not carrying the burden.

Let me give the Committee an example. A parking fine for someone who parks in the middle of a roundabout, on a grass verge or somewhere else dangerous—I am talking not about not paying in a car park, but about a dangerous piece of parking—is £70, reduced to £35 if paid within 14 days. For someone who has travelled down to Bournemouth for a day at the beach, parking will cost between £25 and £30. It will cost a similar amount to park in Brighton, Bath or Oxford—in most of our thriving places.

Someone might as well pay £35 between four adults in a large vehicle that can bump its way up the kerb and park right next to the beach, where it is really convenient. The vehicle will need to be ticketed and, at some later stage, probably towed away if it is causing a danger to ambulances or bus routes. Even if it is towed away, the fine that can be levied is £150, and yet for the council to have that vehicle towed away can cost up to £800. The difference is paid by the local council taxpayer. In a typical summer in somewhere such as Bournemouth, something like 1,500 tickets are given out. Members can imagine how much of a shortfall there is.

Amendment 348 seeks to give the ability that already exists in London to other places, so that they can apply a different parking fine where deemed appropriate, potentially in limited circumstances. The system is not working at the moment. So many people think that it is perfectly okay to turn up to places and do that, although I do not think it happens quite so much in Cornwall. When I visited there, people behaved incredibly well, but people who visit places like Bournemouth behave incredibly badly, and to have that freedom would be useful.

David Simmonds Portrait David Simmonds
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I am very sympathetic to what the hon. Lady has said. In my constituency, people come from as far afield as Sheffield for a day out at the Ruislip lido, the only beach in Greater London. It is a huge cause of trouble for local residents, and I am glad that we have a local authority that is using its existing powers and is implementing measures such as towaway zones and higher parking fines to begin to address that. She probably feels, as I do, that we do not see mayors who do not know the local area, but the specific purpose of our amendment 291 is to ensure that this is not an opportunity to raise funds for them at the expense of the ability of the local authority to use its powers in a specific area to deal with the traffic management issues for which it is responsible.

Vikki Slade Portrait Vikki Slade
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I am grateful to the shadow Minister for clarifying the purpose of his amendment 291, and I will be happy to withdraw my comment that it contradicts amendment 348, tabled by my hon. Friend the Member for Chelmsford. The hon. Member is exactly right; the purpose of these parking fines is to ensure safe parking, and it is unreasonable that there should be shortfalls for the local council tax payer. Even if there was a surplus, that money should be rolled back into the experience and hopefully into encouraging people to use different forms of travel, such as park and ride, cycling, buses, and so on, all of which would seem to make the roads safer.

I am interested to hear the Minister’s view on what has been done, what could be done and how we might use these amendments to further those aims.

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Siân Berry Portrait Siân Berry
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This seems the right point to bring this up. The Minister has talked about how the schedule creates powers to make directions in relation to roads that are not on the key route network. The Minister will have many decisions to make about regulations, and the complexity is coming out in our debates. Are discussions taking place in Cabinet about replacing the Office of Rail and Road with something broader to capture more of this area? The Office for Rail and Road only covers National Highways roads—the strategic road network. I wonder whether the key route network would benefit from being included in the work of the office, which could be named the Office for Integrated Transport and could also cover local roads, buses and active travel. Has the Minister had discussions with the Department for Transport about that?

Vikki Slade Portrait Vikki Slade
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In general I am supportive of the schedule, but I want to raise a slight concern. Proposed new section 2A of the Road Traffic Reduction Act 1997 makes quite a few references to “local road traffic” and “key route networks”. That seems to be a clash of two different terms. It refers to local road traffic using local roads but also to the key network.

Subsection (2) of the proposed new section refers to producing a report to specify targets to reduce the levels of

“local road traffic using key route network roads”.

The impact of that will probably be that that local road traffic will use non-key networks, but there is nothing in the Bill that says where that traffic will go. As much as we would all like it to disappear, it generally does not, and that takes us back to the comments from the hon. Member for Brighton Pavilion about a report on all roads. That feels potentially cumbersome, and I worry about the costs. There seems to be a mismatch here; there is a requirement to produce something, but nothing is said about its possible implications and impact. I do not expect the Minister to have the answer now, but I am sure she can come back with it to help me understand what the impact of the reports might be. I would hate to see local authorities having to deal with the impact of something done in good faith at a strategic level.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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Local transport is a key responsibility of strategic authorities, which will continue to be the local transport authority for the area. These authorities will be responsible for local transport planning, the duty to secure the provision of local passenger transport services such as buses or trams, and other relevant powers for bus partnerships, bus franchising and travel concessions. This will allow them to make strategic decisions to support growth and placemaking across their areas through improved transport outcomes.

Currently, combined authorities and county authorities hold varying local transport powers under diverse governance arrangements. The Bill gives authorities certainty and clarity about these powers by standardising them. I commend schedule 9 to the Committee.

Vikki Slade Portrait Vikki Slade
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I rise to speak to new clause 11 on funding for transport authorities. There is a lot of merit in harmonising and simplifying the way that transport authorities work. Having borders between different systems can cause huge complications for people crossing them. Obviously, such borders will still exist, but hopefully they will be fewer and farther between.

The purpose of our new clause is to address the elephant in the room. The legislation adds a healthy set of new transport functions for combined authorities, set out across the various measures we have already heard about, and many of them are very positive, but the reality is that those transport authorities that are currently local authorities receive a lot of central Government funding, while the strategic and combined authorities sitting at the higher level do not. Their money is not coming from the magic money tree; it is coming from levies and precepts.

Additional responsibilities are great, but given the additional work involved in all this transport reporting that we have heard about, and the additional functions at a higher level, I am greatly concerned that we may be setting some of these organisations up to fail from the start. Through new clause 11, I am seeking assurance that the Secretary of State will continue to assess and review whether authorities have sufficient support and capacity to carry out these functions, and ensure that they are not too onerous given the source of their funding—levies on the authorities beneath them and precepts directly on the taxpayer.

This Bill is a move away from how we have been funding local authorities; yes, some local authorities are on zero revenue support grants, but many are still quite heavily reliant on central Government funding, and this is the first opportunity for me to say, out loud: are we sure this is a good idea? We are creating a whole framework of legislation and a whole set of local authorities, that have no real central funding. New clause 11 provides the first chance to ask that question and get assurance from the Minister about precisely where the money is coming from. If the money is coming directly from our residents through precepting, we should say that out loud, so that they understand what they have let themselves in for.

Sam Carling Portrait Sam Carling
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I have a brief, technical question. I might be mistaken in my reading of the provision, but I seek clarification about the arrangements for local transport plans. On Tuesday, the Committee agreed to clause 6, which amended the Levelling-up and Regeneration Act 2023 and the Local Democracy, Economic Development and Construction Act 2009 to introduce a standard of simple majority voting on combined authority boards. However, we included a grandfathering provision to allow some distinctive governance arrangements at existing authorities to continue.

Schedule 9 makes a similar amendment to the Transport Act 2000, specifically for the adoption of local transport plans, as we have heard, but this amendment does not have the grandfathering provision. Thinking of my own combined authority in Cambridgeshire and Peterborough, where local transport plans require a two-thirds majority, I wonder whether the Bill could create legal ambiguity that could lead to judicial reviews or legal challenges. According to clause 6, setting out the general arrangements of boards, the existing arrangements stand once this Bill comes into force, but according to schedule 9 they are overturned. Will the Minister clarify the Government’s intention there? Then we can find a way to remove that ambiguity.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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I thank the hon. Member for Stratford-on-Avon for her constructive and helpful amendment 252. In principle, the ability to integrate a land use framework and energy plan at the strategic level obviously makes sense. Regarding the amendment as drafted, the Government have consulted on a land use framework but have not yet provided a response, so the land use framework is not a tangible thing that strategic authorities can hinge their plans on.

Similarly, strategic spatial energy plans, which I have a lot of support for, and which I hope to see across the country, are at an embryonic stage. We do not know how high level they will be. The principle—that as strategic authorities are thinking about their strategic plans they should think about a whole host of things—holds, but we do not think that the amendment is appropriate because of the frameworks that it hinges on.

Vikki Slade Portrait Vikki Slade
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I wish to clarify the purpose of raising the issue of strategic spatial energy plans. There is a real risk that people confuse local area energy plans with net zero and climate change, but there is a possibility for us all to agree that it is far easier to put the role of the strategic authorities to think about the future of energy, from grid capacity to how we get things done, in those terms than to risk it becoming a net zero football. I would love to see, as the Bill goes through Parliament, a way for this measure to be inserted, because there are some real risks coming down the line, with potential leaderships that may try to drive things in a different direction.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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I agree with the hon. Lady’s broader point. There is absolutely a piece for us to think about regarding energy infrastructure. Having served as Minister for energy consumers, thinking about how we drive warm homes and the interaction with the grid, there is clearly a big piece of work that needs to be done there, and a role for strategic authorities to play in thinking about that planning in an integrated way.

The frameworks that amendment 252 refers to are nascent and likely to be quite high level, but the principle is that as strategic planning authorities think about their spatial energy plan they should think about both how they effectively use the land and the energy and transport infrastructure that is in place.

I agree with the intent behind amendment 304. I refer hon. Members to the national planning policy framework, which rightly places greater emphasis on the use of previously developed land, and we want to see mayoral development orders used to support urban regeneration. On those points, we are completely aligned. However, we should not over-constrain mayors. We want legislative flexibility to allow a mayor to use a range of land types across their area. Where an urban extension or a new town is the appropriate thing, we do not want to bind the hands of mayoral strategic authorities and stop them being able to use the right land for the right development.