London Local Authorities Bill [Lords] (By Order)
Debate between Peter Bone and Mike Freer
Mike Freer
The last time I spoke to the good lady we discussed many things but the London Local Authorities Bill was not one of them. Having said that, however, I know that she took a great interest in the environment. In fact, she was the Prime Minister who pushed through much of the Environmental Protection Act 1990, and many of the regulations we are now seeking to give local authorities power over will allow them to clean up and make the polluter pay. I therefore have no doubt that the good lady would be supportive of the thrust of these proposals even though she is, of course, averse to regulation in itself, as I am too.
The Bill allows local councils to combat the many problems and their effects that we now face in our daily lives. There is a difficulty here in that many of us in this House would like to turn back the clock to a gentler age but, sadly, we live in an irresponsible society in which many traders or other individuals can cause problems for our residents.
The Bill’s main purpose is to replace certain existing regulations and consolidate others. The regulations addressed include those dealing with the sale of vehicles on the highway, nudity in bars, tenant safety in houses of multiple occupation and issues that have serious implications for public health. The Bill seeks to introduce clarity into consumer protection here in London, particularly in respect of food hygiene and the sale of vehicles.
I would like to explain some specific provisions, in order to help Members to come to a decision on the Bill. Let me turn first to clause 4—I do not mean to excite Labour Members by referring to that phrase. Clause 4 allows police community support officers and, most importantly, other authorised individuals—predominantly civil enforcement officers—to require people to give their names and addresses when penalty charge notices have been issued. At present, people are not required to provide that information, thus making enforcement difficult. This measure is particularly important in respect of decriminalised offences such as littering. Those of us who live in urban areas will know the scourge that is the litter left on our doorsteps on a daily basis. That costs all of our councils millions of pounds to clean up. This provision will allow councils to recoup that cost by being able to force those who cause the litter to pay a fixed penalty charge or to pay for the cleaning up. If we believe in the “polluter pays” principle, we should support this provision. Some people might ask whether that is not the role of the police. If we want our police to focus on more serious crimes, it is essential that we allow such low-level crime to be dealt with by civil environment officers and PCSOs. I therefore urge Members to support this clause.
Mr Peter Bone (Wellingborough) (Con)
My hon. Friend is making a powerful case, but should this power for police support officers not be a general power decided by this Parliament for the whole country, if that is what Parliament wishes? Why should individual councils have different powers in relation to police support officers?
Mike Freer
It is for the Government to decide whether they wish to give that general power to the police. The difficulty here is that, especially with regard to authorised officers such as civil enforcement officers, there is a gap in the legislation. London councils wish to plug that gap. If my hon. Friend wishes to push, through the Backbench Business Committee or other channels, for the Government to pursue this, I will wish him well and support him. However, we have a loophole in London that needs to be addressed.
Mike Freer
We do not know what those specific concerns are; I have certainly not been made aware of the detail, but I would be more than happy to give it some close attention because, as a former leader of a London borough, I have some experience in dealing with street licensing. I share my hon. Friend’s concern that many of our businesses pay large sums in business rates, but that money does not go back to the local councils in full. In fact, my local authority is a net contributor of £20 million a year in business rates. I understand the concerns of business, but the real issue, which the Treasury needs to address, is that of having a fair distribution of business rates so that businesses in London do not feel they are paying twice. That does not address the problem we face with litter caused by street trading in London, and it has to be addressed. I do not think it is fair that the council tax payer has to pick up the bill, although I understand the concerns that my hon. Friend raised.
Clauses 9 and 10 are slightly meatier parts of the Bill. They deal with food hygiene, particularly for those businesses involved in the production, processing and distribution of food, requiring them to display their most recent hygiene star rating. In many London boroughs this has been a voluntary scheme and it has performed reasonably well. However, the London boroughs have come together and feel that this needs now to be put on a statutory footing. Over the years, environmental health has become something of a Cinderella service—I hope I am not being too blunt—in that it has been subject to spending reductions. Again, I return to the fact that many London councils will continue to be underfunded and will, in the next few years, have to make ever more efficiency savings and be required to do more with less. Over the past few years, that has led to a risk-based assessment for food hygiene. That means that a good establishment is inspected and receives three, four or five stars and is then left alone for 18 months or so. An establishment that gets one star immediately becomes higher risk and is subject to more frequent inspections, which could take place the following day or the following week. As it is a light-touch, light-regulation regime, the consumer needs some protection. The information on standards should be provided to them at the point of entry to the establishment or should be clearly visible when they are at the establishment.
I do not think that it is unreasonable that food establishments should be required to display their most recent grading. I understand that some members of the British Hospitality Association are concerned that if they get one star, they will be stuck with it. However, a one-star establishment is high risk and will therefore be re-inspected pretty quickly. Nevertheless, I am happy to say that I think that the promoters of the Bill are willing to consider whether those who scored poorly should be able to pay for a quick inspection, if they feel that they have had an off day, in order to improve their score. I think that is quite reasonable.
Mr Bone
I congratulate my hon. Friend on the way in which he is introducing the Bill on Second Reading, which is most helpful to Members. In my constituency, there already seems to be such a scheme. The problem is that, even if an establishment’s one-star rating is found on re-inspection the following week to be a blip, the stars cannot be reinstated for a whole year, which has caused one restaurant many problems.
Mike Freer
My hon. Friend makes a good point, but that is not my understanding of how the scheme in London would work. I am more than happy to take that away and to get him some reassurance on it, but my understanding is that if an establishment is inspected on a Monday and gets one star, it is deemed to be an off day. The environmental health officers will probably know whether it is an off day; if they have had cause for complaint about an establishment before, they will know of a pattern of behaviour. If they go into somewhere such as McDonald’s and it is a poor visit, they will know that the company takes such matters seriously and that it is likely to have been an off day, but it is less likely to be an off day in a local corner shop that has had a history of complaints, so it will go back on the risk register. I am happy to take away my hon. Friend’s point and to confirm whether the inspection would be within a matter of weeks, if requested by the establishment, to ensure that people are not stuck with an unfortunate grading that they felt to be unfair.
City of Westminster Bill [Lords]
Debate between Peter Bone and Mike Freer
Mike Freer (Finchley and Golders Green) (Con)
First, may I declare an interest as a former leader of a London borough council that had to deal with street trading on a day-to-day basis? My postbag on street trading was far bigger than my postbags on many other areas of council activity.
I should like to address a few of the issues raised by my hon. Friend the Member for Shipley (Philip Davies). I understand the law of supply and demand and the effect of regulation, and that if people are selling things that people want to buy, we should not get in the way. That is fine, but if it were true, we ought to allow drug trading and prostitution to be completely unregulated. My hon. Friend the Member for Christchurch (Mr Chope) is quite right that a revival of the City of Westminster Bill does not stop subsequent detailed scrutiny.
I have risen to support a revival of the Bill because I feel strongly about localism, which is not an à la carte concept. We cannot say that local councils should have the rights and powers to do what they think is right for their areas only as long as we agree with them.
Mr Bone
My hon. Friend makes a powerful point, but the crux of the argument is that we want national legislation to allow local authorities to introduce the right pedlar laws for their areas, and not for councils to have to spend tens or even hundreds of thousands of pounds on private Bills. We may be on the same side in that respect.
Mike Freer
That is quite right. It would be helpful if we could get the Department for Communities and Local Government or whichever is the correct Department to regulate on a national framework. However, in the absence of that, I shall support the city of Westminster in its promotion of the Bill. Those who have to deal with the scourge of street trading know that it is not simply a matter of the touting and the pedlars. The high streets of many major cities—especially the London boroughs—are virtually obstacle courses. One has to dodge not only the normal street furniture, but the goods and services being peddled on the pavements.
I am pleased to see that clause 18(e) deals with disabled access, because many people in wheelchairs or who use zimmer frames—or even families with pushchairs—find it difficult to manoeuvre around the variety of plastic tubs or greengrocery in the high streets. It may sound trivial, but it is not when we are trying to maintain our high streets as vibrant economies. They have to encourage trade while also retaining their attractiveness for local people. If families or disabled people feel that they cannot manoeuvre along their high street, they will go to the major shopping centres, which are regulated. On that basis alone, I support the Bill.
Importantly, the Bill also deals with the detritus of smoking. Many councils spend tens of thousands of pounds cleaning up after smokers. I expect that hon. Members were keen to ban smoking in public places, but they may not have realised the cost that was pushed on to local councils.
The fundamental issue is that if we support localism, we must allow the democratically elected councillors of Westminster to bring forward what they believe is right for their people.