City of Westminster Bill [Lords]

Christopher Chope Excerpts

Monday 5th July 2010 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

I congratulate my hon. Friend the Member for Cities of London and Westminster (Mr Field) on taking the matter before us seriously. The reason why I and other colleagues shouted “Object” to prevent the revival motion from going through on the nod was so that we could hear from the Bill’s sponsor exactly why it was held up for so long in the House of Lords between Second Reading and the completion of its Committee stage, which, as he said, has not yet happened. We now understand from the promoter’s statement that a date for the resumption of that Committee has been fixed for later this month. That will mean that the Bill and the petition against it will be considered in the Lords. As he said, if passed in the other place, the Bill will come to this place in due course, when hon. Members can give it proper scrutiny. I am all in favour of that.

I heard what my hon. Friend said, but it is worth emphasising that a revival of a private Bill is not a right but a privilege, and it is right that Members of the House ensure that a motion to revive a Bill is made on good grounds and that the case is made. We will have a chance in due course to consider aspects of the detail of the Bill, but one point my hon. Friend did not deal with is the interaction between the City of Westminster Bill and the possibility of more general legislation applying to pedlars. The Bill consolidates much of the private legislation relating to pedlars in the city of Westminster.

In the previous Parliament, the Government initially asked Durham university to carry out research, which was subsequently conducted and consulted upon. Proposals were then introduced and subjected to further consultation. I hope that during the course of the evening, in response either to the debate on this Bill or to the debate on the Canterbury City Council and the Nottingham City Council Bills, the Under-Secretary of State for Business, Innovation and Skills, the hon. Member for Kingston and Surbiton (Mr Davey) will say what the Government’s initial thinking is on their approach to pedlar legislation. What impact would national pedlar legislation have on the provisions in private Acts in relation to Westminster city council? Obviously, it might be a waste of time if the House or the other place spend a lot of time discussing the consolidation measures in the City of Westminster Bill if the Government subsequently introduced national legislation on pedlar activity.

At the moment, traditional pedlars cannot operate within the city of Westminster boundary. They can go from door to door, but they cannot act as pedlars on the street, which means that they are severely disadvantaged, notwithstanding their national licences to peddle. I hope for national legislation and a national approach to the matter, and that the Minister tells us what the Government’s thinking is on the prospect of such legislation, so that we do not have piecemeal proposals from councils up and down the country.

[Mr Peter Bone (Wellingborough) (Con)]

Is that not the crux of the matter? The previous Government talked about introducing national legislation. It costs local councils an enormous amount of money to promote private Bills, so would not such legislation solve that problem?

[Mr Chope]

My hon. Friend is absolutely right. We are told that had there not been so much resistance from him and others to private Bills in the previous Session and the one before that, there would have been many more. That it was difficult for such Bills to make progress through the House acted as an effective deterrent for the very good reason he articulates. Such legislation is expensive and will often be seen by local taxpayers as a disproportionate response to a local niggle. That is why a large number of councils did not go down the private Bill route. Obviously, the City of Westminster has a very well-resourced council—it also delivers one of the lowest council taxes in the country—and has decided that it will go down that route, but it is important to point out that many of the private Bills promoted by local councils to deal with street trading and peddling were encouraged by the City of Westminster Bill, which has acted as a sort of precedent. That is why my hon. Friend the Member for Shipley (Philip Davies) and others will be interested to see what the City of Westminster council thinks of touting. I notice that its Bill includes a lot more information on seizure powers and what to do with the receptacles that are used for street trading, and that it includes some of the powers that were eventually excluded from the Bournemouth Borough Council Act 2010 and the Manchester City Council Act 2010, which were passed following a gentlemanly compromise prompted by the opponents of those provisions.

Some of the developing law is contained in the City of Westminster Bill, which is why Members who are alert to the concerns of individuals who try to eke out a living as street traders or pedlars should be vigilant on their behalf. We want to ensure that oppressive, disproportionate legislation is not introduced under the radar. That is why this evening’s debate is important, but I can tell my hon. Friend the Member for Cities of London and Westminster that it is not my intention to press the motion to a Division.

--- Later in debate ---

[Mr Davey]

I think my hon. Friend is trying to tempt me to pre-judge the response to the consultation. Tempting though that is, I am afraid that I am not going to accede to the request for an absolutely straight answer—save to say that if the rights of genuine pedlars were embedded in a future national framework, whatever form it took, local authority legislation could well be superseded. When we respond to the consultation and look at future legislation, we will consult local authorities and try to ensure that any legislation is flexible enough to take account of the special concerns of any particular local authorities.

Given the real spirit of coalition behind our exchanges, I would like to answer a particular point raised by my hon. Friend the Member for Wellingborough (Mr Bone). He made an important point about examples of false pedlars being involved in the trafficking of children. I am sure that the whole House will be alarmed to read those reports and will want to know that action can be taken. I am sure that my hon. Friend is well aware that it is not for this legislation or any legislation that might come from it—whether it be a national framework or future private Bills—to tackle that issue. It is a matter for the Home Office, but I can give my hon. Friend an assurance that I will write to Home Office Ministers to bring their attention to this very important matter. At this point, it is right to pay tribute to the former Member for Totnes, Anthony Steen, who I believe retired at the last election, as he campaigned so brilliantly for the rights of women who had been trafficked to this country. It is right for this House and this Government to ensure that we take action on trafficked women. It is not an issue for my Department, but I hope and believe that this Government will want to look at the problem.

[Mr Chope]

May I say how much I appreciate the fact that the Minister is going to respond to this consultation within two or three months? When we last debated one of these Bills, I think he said that waiting for the framework might be like waiting for Godot. What he has said tonight suggests that he has taken it on himself to push this matter forward, on which I congratulate him.

[Mr Davey]

I am obviously grateful for any congratulations. I hope that I will not be too Beckett-like in my approach to this matter. I do want to make it clear, however, that we are not promising early legislation in this area, as I would need to speak to my right hon. Friend the Leader of the House about that. If I gave an unduly certain commitment, I am sure I would be called to order, but that is not to say that we do not think there is room to progress action in this area—I shall return to this in my later remarks—as there are other reasons for us to look at this with the degree of gravity that it requires.

The debate has shown the cross-party consensus on the legislation and what the Government need to do in due course to relieve the burdens on local authorities in tackling the issue, to ensure that the rights of pedlars are respected, and to ensure that we crack down on those who are trading illegally on our streets and genuinely causing problems. That is promising for debates to come, and I hope that we make progress with the Bill tonight.