Canterbury City Council Bill Debate

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Lindsay Hoyle

Main Page: Lindsay Hoyle (Speaker - Chorley)

Canterbury City Council Bill

Lindsay Hoyle Excerpts
Wednesday 6th February 2013

(11 years, 2 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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I remind the House of the fact that we are debating the Lords amendments to four different private Bills simultaneously, because they are close to identical, as are the amendments made in another place. Although we will debate the amendments together, the questions to dispose of the Lords amendments will be put on each Bill in turn.

Clause 2

Interpretation

Amendment proposed (31 January): C6, page 2, leave out lines 17 to 27.—(Stuart Andrew.)

Question again proposed, That this House agrees with Lords amendment C6.

Lindsay Hoyle Portrait Mr Deputy Speaker
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When the debate was adjourned last Thursday, we were considering the second group of Lords amendments and the amendments to them. Mr Chope was speaking on Lords amendment C6 to the Canterbury City Council Bill. With this amendment, we were also considering the following:

Lords amendments C7 and C8, and C9 and amendments (a) to (h) thereto to the Canterbury City Council Bill.

Lords amendments L3 and L4, and L5 and amendments (a) to (h) thereto to the Leeds City Council Bill.

Lords amendments N3 to N5, and N6 and amendments (a) to (i) thereto to the Nottingham City Council Bill.

Lords amendments R4 to R7, and R8 and amendments (a) to (i) thereto to the Reading Borough Council Bill.

Christopher Chope Portrait Mr Christopher Chope (Christchurch) (Con)
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When we adjourned proceedings at 3.27 pm last Thursday, we were less than an hour into the debate on these amendments.

Lindsay Hoyle Portrait Mr Deputy Speaker
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Order. Perhaps I can help the hon. Gentleman. He had just said:

“I do not need to speak any longer on this group of amendments”.—[Official Report, 31 January 2013; Vol. 557, c. 1120.]

I hope that remains the case.

Philip Davies Portrait Philip Davies (Shipley) (Con)
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He’s got a second wind.

Lindsay Hoyle Portrait Mr Deputy Speaker
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I can assure him he hasn’t.

Christopher Chope Portrait Mr Chope
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I have no intention, Mr Deputy Speaker, of trying your patience. Given, however, that a few parliamentary colleagues are still hanging around, I thought that I would put on the record an exchange between my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) and the deputy Chief Whip during Monday’s proceedings, when it was made clear that, although it was possible this debate might start at 4 o’clock and continue until 7 o’clock, if it ran late, it would not be of any significance, because there would be a one-line Whip and no interference in our affairs, whether from the Government or anybody else. I want to make it clear to anybody who thinks that they have to still hang around in the Chamber because this is whipped business, that it is not.

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Lindsay Hoyle Portrait Mr Deputy Speaker
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The Question is, That this House agrees with the Lords in their amendment C6 to the Canterbury City Council—

Lindsay Hoyle Portrait Mr Deputy Speaker
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Mr Nuttall, I was waiting, but you did not jump up as quickly as you normally do. I do not want to stop you from having at least a minute.

Christopher Chope Portrait Mr Chope
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We want the Minister to speak as well.

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Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Shame it may be, but I think the time has come. I enjoy hearing the hon. Member for Bury North (Mr Nuttall), but I do not think there is anything new in what he says, so I will accept the closure.

Question put forthwith, That the Question be now put.

The House proceeded to a Division.

Lindsay Hoyle Portrait Mr Deputy Speaker
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I ask the Serjeant at Arms to investigate the delay in the No Lobby. I am worried that we have lost four Members. Will she try to retrieve them to get the vote through?

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Motion made, and Question proposed, That this House agrees with Lords amendment C15.—(Mr Brazier.)
Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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With this it will be convenient to take Lords amendments C16, C17, C19, C28, C31, C2 and C1.

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None Portrait Hon. Members
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Is it a point of order?

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. It is a point of order, and the answer is that it is up to the Member in charge whether he wishes to speak to the amendments or not, and obviously he did not. Does anybody wish to speak to them?

Christopher Chope Portrait Mr Chope
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I wish to speak to them.

Lindsay Hoyle Portrait Mr Deputy Speaker
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Well, Mr Chope, I am desperate to hear from you.

Christopher Chope Portrait Mr Chope
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This Lords amendment deals with touting. A whole lot of other consequential amendments are included in the group. Mr Deputy Speaker, you in your wisdom—[Interruption.]

Lindsay Hoyle Portrait Mr Deputy Speaker
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Order. Can we have a little silence? As we wish to hear Mr Chope, will Members be quiet if they are leaving the Chamber?

Christopher Chope Portrait Mr Chope
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Mr Deputy Speaker, you in your wisdom accepted that these Lords amendments, which relate to touting, should be dealt with in a separate group, and that is what we are discussing. The lead amendment would remove clause 11, and the subsequent amendments deal with consequential matters relating to the touting provision. When we discussed this previously, I cannot remember how many years ago, a lot of concern was expressed.

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Christopher Chope Portrait Mr Chope
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We now have, after a bit of pressure, an admission from my hon. Friend that he has done exactly what he said he would do by ensuring that the amendments would be moved successfully in their lordships House. I and my parliamentary colleagues who have fought so valiantly to remove the most pernicious parts of these Bills can now say that, because of the work that we have been doing in this House over many years, the Bills are much improved as a result of these Lords amendments.

As my hon. Friend has said, he promised Lords amendment C15 to this House when these Bills were given their Third Reading. He has honoured that undertaking by ensuring that it was tabled in the other place. It is fair to say that we both think that the other place’s debate took a lot longer than expected. On the basis of the proposed amendments, we had expected the Bills to go through the other place relatively quickly but they did not because their lordships decided to look at them in a lot more detail. As a result, we received a series of Lords amendments, some of which we discussed earlier, that made a significant difference to the Bills—not just to the touting provision, but to the definition of pedlars. Therefore, when I seek the indulgence of the House, it is in order to ensure that my hon. and right hon. Friends and the Opposition realise that this has been a very worthwhile exercise. Although a lot of colleagues have consistently voted against the ideas that I and a number of my hon. Friends have suggested—[Interruption.]

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. I think it is very interesting to hear Mr Chope and I hope that other Members will take notice, because a lot of conversations are going on and we are struggling to hear.

Christopher Chope Portrait Mr Chope
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On a point of order, Mr Deputy Speaker. If there is going to be a Division on any of the amendments in this group, will you give Members notice of it so that if they do not wish to participate in this debate and want to carry on their conversations outside they can do so, and that, in due course, if there is a Division the Division bell will ring in the usual way? Could you make that clear, Mr Deputy Speaker?

Lindsay Hoyle Portrait Mr Deputy Speaker
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I just did make it clear that we do not want any more private conversations. We will stick to the business in hand. I and other Members obviously wish to hear you, so please continue.

Christopher Chope Portrait Mr Chope
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I am grateful for that clarification, Mr Deputy Speaker.

Sometimes during the course of discussing these pedlars Bills, we who have been on the side of the pedlars have, in a sense, been given an insight into what it must be like to be a pedlar, against whom there is a lot of prejudice among ordinary members of the public. Similarly, quite a lot of prejudice has been generated against those Members of this House who have stood up for the interests of pedlars. It is helpful for us to reflect on the real changes that we in this House, collectively, have made to the Bills.

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Geoffrey Clifton-Brown Portrait Geoffrey Clifton-Brown
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Is there not something ironic about the European Union coming to the rescue of my hon. Friend to sort this matter out?

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. We have had a good round-up of the Bill and I know that the hon. Member for Christchurch (Mr Chope) is now desperate to get back to discussing the amendments.

Christopher Chope Portrait Mr Chope
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I detect that all good things must come to an end, and in the light of the way that my hon. Friend the Member for Canterbury has behaved, and in tribute to work done by their lordships in the other place and their thorough examination of the Bill, it would be churlish of me to say that I will vote against the amendments in this group. I must, however, have a caveat to that, so I hope that my hon. Friend the Member for Shipley (Philip Davies) will catch your eye, Mr Deputy Speaker. He may persuade me that I am incorrect. Subject to anything that he says, I am—to use an expression from the other place—“content” to allow the Lords amendments to proceed.

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Christopher Chope Portrait Mr Chope
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Does this not present a perfect opportunity for the Minister to make her maiden contribution to our discussions on the Bills?

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. It might help if I say that the Minister will come in when Mr Davies sits down. If he wants to give way now, there will be no more, but I would sooner hear a little more.

Philip Davies Portrait Philip Davies
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I am very grateful, Mr Deputy Speaker. That is the first time any hon. Member in my seven or eight years in the House has ever said or indicated that they want to hear a little more from me. It certainly has been a red letter day for me, too. I am flattered, Mr Deputy Speaker.

My hon. Friend the Member for Christchurch makes a good point. It would be helpful to hear from the Minister exactly what is in the Government’s mind. Perhaps she will explain why the amendment should be supported and why the wording should apply to the Canterbury City Council Bill but not to the Reading Borough Council Bill.

Perhaps the Minister will also tell us what the Government’s view is of the principle of touting tickets and so on. The Select Committee on Culture, Media and Sport published a report on ticket touting in 2008. I am lucky enough to serve on that Committee, so it is a subject close to my heart. People will have spotted that what is striking about that report is the date—it came out in the middle of the discussions on the Bill. I do not know whether their lordships were influenced in any way by the recommendations of the Committee—I very much hope they were; it was an excellent report, so that may well be the case—or whether they were influenced by the Bill’s principles, but hon. Members may wish to bear in mind the fact that this is a very strange clause in the sense that it is called “Touting”, and that is what is referred to throughout the clause.

The first recommendation of the Select Committee’s report—of course, I will not go through all the recommendations, but it is wise to highlight some of the pertinent ones—states:

“It is important to bear in mind that the term ‘touting’ has very different meanings to different people”.

When we have a Bill that refers to “touting” as if we all know what touting is, hon. Members should bear in mind that comment by the Committee.

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Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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I am troubled about this definition of “touting”, because it includes all forms of entertainment. If one were to give out a leaflet asking people to join the local Conservative party, which is always a source of the greatest entertainment, would that potentially count as touting and be illegal in Reading but legal in Canterbury?

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. I do not think that we need to go down that path; I do not think it would be illegal anywhere.

Philip Davies Portrait Philip Davies
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I am grateful for that guidance. It has saved me from having to deal with that particular intervention

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Lindsay Hoyle Portrait Mr Deputy Speaker
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I can assure the hon. Member for Shipley (Philip Davies) that there is no need to reply to that either.

Philip Davies Portrait Philip Davies
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I am very grateful for your protection, Mr Deputy Speaker, because I fear I am being troubled by questions that I am unable to answer.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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In the interests of impartiality, may I inquire about the Liberal Democrats?

Lindsay Hoyle Portrait Mr Deputy Speaker
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Just to show that I am impartial, absolutely not.

Philip Davies Portrait Philip Davies
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I am grateful to you, Mr Deputy Speaker. I am sure you want me to get back to the matter in hand.

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Philip Davies Portrait Philip Davies
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My hon. Friend is absolutely right.

Lindsay Hoyle Portrait Mr Deputy Speaker
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Order. I want us to deal with the amendments, not worry about London or Brick lane.

Philip Davies Portrait Philip Davies
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I am grateful, Mr Deputy Speaker.

My hon. Friend the Member for Ipswich makes a good point, however, in that the amendment, which would delete the clause on touting from the Canterbury Bill, raises the question: what is so special about Canterbury? If the House agrees to the amendment, we will remove the restrictions on touting from the Bill. It might well be that people want controls on touting in Canterbury because of its particular circumstances. We ought to listen to the remarks of my hon. Friend the Member for Canterbury during an earlier stage of the Bill. Notwithstanding the offer he eventually made, he made it clear, at that point, that the restriction on touting was an essential part of the Canterbury Bill. He said that Canterbury suffered from huge problems, with which I am not familiar, of people touting for business in certain—perhaps historic—parts of the city. Perhaps people felt that touting took something away from the city.

Stephen Pound Portrait Stephen Pound (Ealing North) (Lab)
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The hon. Gentleman will be aware that there are people in the House who speak Middle English as if it were their first tongue. We all know that the word “tout” comes from the Middle English word “tuten”, meaning “to look out for”, but may I warn him that in Northern Ireland the word has a very specific and very dangerous meaning? It will frequently be found written on gable ends. I appreciate that Northern Ireland is not Reading, and it is certainly not Canterbury, but it is a word we ought to be careful with.

Lindsay Hoyle Portrait Mr Deputy Speaker
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Order. We do not need to tout for interventions either.

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Stephen Pound Portrait Stephen Pound
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I do not know how they order these things in the city of Christopher Marlowe, but this matter has now been tested in cities that have premier league football teams. There is now a non-profit-making organisation called Seatwave that enables anyone who has a ticket for any English or Scottish premier league match to resell it through that organisation. The key point, however, is that the prohibition on the resale of tickets has been sustained in court. I do not know about the case in Australia, but in Fulham, that is the law.

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. I have given hon. Members a bit of leeway, but I am worried that we are now getting into retail matters that have absolutely nothing to do with the Bill, as we all know. I hope that we can now stick to the matters in hand, and have fewer interventions; otherwise, we are going to drift into areas where I do not need to be.

Philip Davies Portrait Philip Davies
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I am grateful to you, Mr Deputy Speaker, and I shall try not to be sidetracked by people trying to lead me astray. The hon. Member for Ealing North (Stephen Pound) is always trying to do that, but I shall resist the temptation.

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. The good news is that we are dealing only with Canterbury. I am not worried about Reading, and neither is Mr Davies.

Philip Davies Portrait Philip Davies
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I am grateful, Mr Deputy Speaker, and you are right that I am not worried about Reading—except in the sense of trying to find some guidance about why their lordships decided that this particular clause should be deleted from the Canterbury City Council Bill but not deleted from the Reading Borough Council Bill when they are virtually the same. All we can do is consider how the detail in this particular clause is different from the other one.

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Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. We are certainly not opening that issue. I am sure the Whip has better things to do at this stage.

Philip Davies Portrait Philip Davies
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I am very grateful, Mr Deputy Speaker, but if I may be allowed—I do not want that comment to be left hanging on the record—I would like to say quickly that the touts have already bought the tickets, so the artist already has their income. It makes no difference to their income whether it is resold at a different price. I do not wish to pursue that line of argument any further; I just wanted to put that on the record in passing.

I hope that when people are considering whether to support the Lords in their amendment, they will not object to it on the principle that they do not like ticket touting, as I think that would be very unfortunate. It would fly in the face of all the evidence received by the Select Committee and reflected in its conclusions. We were unanimous in thinking that the secondary market was a perfectly legitimate one, and the Office of Fair Trading believes that it works in the best interests of consumers, too.

It seems to me therefore that, given what their lordships have done, this was not a question of principle. If it were a question of principle, I presume that the provision would have been removed from the Reading Bill as well. It can only be, then, a matter of practicality. That brings us back to the detail in clause 11 of the Canterbury Bill, which is about the location in which people can sell their tickets. That is the only bit that is different. Only subsection (1)(b) is different, and it relates to where people can sell.

Here I think my hon. Friend the Member for Christchurch is right, in that it would be helpful if Members had some explanation of the local circumstances in Canterbury. I have been to Canterbury once. Unfortunately, it was not to visit the charms of the city and its history, but to visit the Asda store when I worked for Asda. I am not particularly au fait with the city centre, although I am sure it is a fine place.

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Lord Mann Portrait John Mann
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The hon. Gentleman is not confusing the argument, but the argument is confusing me. I have received many representations about matters of concern to the House, but I have received none about this matter. The hon. Gentleman has suggested that it may have been important to the people of Canterbury in the context of what he describes as a possible motivation for the Bill, but they do not seem to have written to me about it. Has he received any correspondence from the people of Canterbury recently, explaining why it was important for the House’s time and votes to be spent on this Bill?

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. I do not think that we need worry about Members’ mail boxes while we are dealing with clause 11. I am sure that the hon. Member for Shipley (Philip Davies) is desperate to stick to the point, and he certainly need not worry about other Members’ mail boxes.

Philip Davies Portrait Philip Davies
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Of course I accept your wise counsel, Mr Deputy Speaker. I will say, however, that their lordships do not appear to have focused too much on the niceties.

When we began our debate on the Bill, we were told that clause 11 was crucial. When my hon. Friend the Member for Christchurch and I tried to have it removed, our attempts were resisted, and it is because their lordships had to intervene that we are debating it now. The promoters, who were originally adamant about the inclusion of the clause, are now satisfied that it can be removed as their lordships wish. Earlier, I commended the way in which my hon. Friend the Member for Canterbury had listened to the arguments. What I do not understand is why the amendment could not have been dealt with earlier.

I urge Members to reject any views on the principle of touting, and to consider the practicalities. My hon. Friend the Member for Canterbury will know much more about this than I do, but it seems to me that there is not a great deal of difference between a provision relating to streets and one that also includes parades and promenades.