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Proceeding contribution from Philip Davies (Conservative) in the House of Commons on Wednesday, 3 June 2009. It occurred during Debate on bill on Leeds City Council Bill (By Order).


Leeds City Council Bill (By Order)

I take the hon. Gentleman's point, but are one or two examples sufficient to make us go through the whole process of a new Act of Parliament and to justify the time that is being taken up? In answer to his question, I have regularly visited the centre of Leeds. In fact, in the eight years before I entered Parliament I worked in the centre of Leeds for Asda. I am well aware of the pros and cons of Leeds city centre, but I am not entirely sure that in the haste to get the Bills passed we have heard a coherent case about the problems encountered. The Durham university report shows that the test for the legislation should be quite high. It appears to me, at the moment, that we are being asked to support the Bills on the basis of rather limited information. It would help if we had some firm evidence of the problems. I welcome the specific examples relating to Leeds that the right hon. Member for Leeds, West cited and I hope that we will hear the same points made about Reading and, in particular, about Nottingham. Given Nottingham's reluctance to compromise at all, above all else the council must demonstrate that it has a specific problem that cannot be dealt with under existing powers. So where is that evidence? Paragraph 211 on page 70 of the Durham university report states that those who took part in its public survey""found genuine pedlars to be inoffensive and generally found their interactions with pedlars to be a positive experience."" The report does not seem to be stating that there is a great case for the Bills; it seems to be saying something rather different. It goes on to say that there is""little sense in withdrawing the livelihood of such inoffensive and well-meaning traders"," and that the people surveyed""greatly preferred pedlars to operate in the street, rather than door-to-door."" I am not entirely sure whether the Durham university report makes the case for the promoters of the Bills, as they try to indicate in their statement. The report concluded that""restricting pedlars to door-to-door trading only would lead to a severe restriction on their livelihood."" Paragraph 6 of the statement from the promoters of the Bills says that""evidence of the problems that the Bills seek to address will be provided to the committees of both Houses, and those committees will be able to test the case for the Bills in detail, to meet the recommendation in the Durham report."" That statement misunderstands the fact that it is imperative, before approval be given, in principle, to the restriction of rights of pedlars on Second Reading, that there should be""genuine evidence of a local problem insurmountable through the use of existing powers"," as the Durham university report said. I am not a big fan of the idea that we should say, "Let's agree to anything on Second Reading, because all matters can be decided, one way or the other, in Committee. If we think that we have got it wrong, we can change things then. We can always vote against the measure on Third Reading." That seems rather a strange approach to parliamentary scrutiny and parliamentary legislation, because on that basis, presumably no one would ever vote against the Second Reading of anything. We might say, "We can deal with all the issues in Committee," but that is not sufficient reason to support the Bills on Second Reading. Nottingham is, it seems, the least keen to compromise. If there is such a serious problem in Nottingham that the city not only needs the Nottingham City Council Bill to be agreed to, but is not even prepared to compromise on it, presumably it should not be difficult to provide some cogent evidence and some good examples of where the problem is. However, the only evidence that the House has had drawn to its attention is on page 34 of the Durham university report, which shows that in 2006, in the whole of the Nottinghamshire police force area, only two defendants were found guilty of offences under the Pedlars Act 1871. In 2005, the number was seven, and in 2004 it was four. I would submit that that does not indicate that there is an issue of such gravity and importance that the House should spend, or perhaps waste, time and money considering legislation to cover Nottingham specifically. All the evidence from the report, which the Government commissioned, suggests that there is not really much of a problem in Nottingham. Perhaps the promoters of the Bills—again, I look particularly to the promoters of the Nottingham City Council Bill—can let us have the details of whether the offences identified in the report took place in the city of Nottingham, or a different part of the Nottinghamshire police force area. That is not entirely clear from the information that we have. Perhaps they can also tell us what the nature of the offences was, so that we can have a basis on which to decide whether we need legislation for Nottingham. I genuinely think that the case has not been made. I have attended all the Second Reading debates that we have had on such Bills, and I have heard little from those who support the Bills about why the Bills are so good. The right hon. Member for Leeds, West probably made the best case that I have heard at such a Second Reading, even though his speech was incredibly brief. We need people to put forward a case before the House accepts it; it should not accept the proposals willy-nilly without even challenging whether they are necessary. I come back to the point that I made in my intervention on the right hon. Gentleman. I represent a seat neighbouring Leeds, and I absolutely understand that his constituency is much nearer the centre of Leeds than mine is. If anyone were to move from Leeds to Shipley, they would certainly go through his patch. They may well not even come to Shipley, but go straight to Bradford or somewhere else. However, Members who represent neighbouring areas should be concerned. On page 32 of the report, paragraph 94 deals with the number of complaints that have been made and the number of prosecutions that have taken place. The report examines the particularly high rate of guilty verdicts in Derbyshire and Kent under the terms of the Pedlars Act and states:""In the latter case this could be the result…of an influx of pedlars from London, where the application of the London Local Authorities Act 2004 may have driven them out of the capital."" So the Durham university report clearly makes the point that by restricting the rights of pedlars in specific centres, there is a good chance that they will move to other parts of the country. It seems perverse for us as a national Parliament to say it is all right to restrict pedlars in particular cities, but we are happy for them to move on to other cities nearby. That is a bizarre and divisive approach for a national Parliament to take. I know the point has been made before, so in line with Mr. Deputy Speaker's ruling, I shall not go over it, but that paragraph of the report is important for people living in areas neighbouring the cities under discussion. We should consider whether there is a national problem and whether we need national legislation, rather than adopting a piecemeal approach which may suit the centre of Leeds, Nottingham or Reading, but gives no thought to cities and towns nearby. When we come to decide these matters, potentially in a vote, I see no reason why the Bills that relate to Leeds and Reading should not progress to Committee, even though we do not yet have the results of the Government's consultation. Those cities are keen to compromise, and in that spirit we should not unduly delay the progress of those Bills. I hope they will be able to proceed without the need for a Division. However, the case for Nottingham has not been made. The Durham university report does not show that there is a particular problem in Nottingham, as opposed to any other part of the country. If the case is not made properly, the House should decide that that Bill does not deserve a Second Reading today.


Secondary information

Type
Proceeding contribution
Reference
493 c332-4 
Session
2008-09
Chamber / Committee
House of Commons chamber
Subjects
Licensing Leeds Nottingham Nottingham City Council Reading Borough Council Reading (Berkshire) Touting Street trading Leeds City Council
Legislation
Leeds City Council Bill 2007-08 to 2012-13
Nottingham City Council Bill 2007-08 to 2012-13
Reading Borough Council Bill 2007-08 to 2012-13
Link
View this Proceeding contribution on www.publications.parliament.uk