Proceeding contribution from John Hemming (Liberal Democrat) 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)
We have been generally supportive of reform in this matter. It is obvious that there are widespread problems with pedlary, as the situation at Somerset carnivals shows, and it does not require a lot of evidence. We can, I think, take at face value the tales of, for example, the hon. Member for Nottingham, East (Mr. Heppell) and the right hon. Member for Leeds, West (John Battle) that there is a specific problem in their areas. It will clearly create unfair competition if in Reading, for example, people have to pay £5,000 a year for a licence, but for £12.50 people can wander around all over the place. We should give more attention to the process whereby the law gets changed and how we have ended up with a sequence of Bills and to the fact that, until this point, the Government have not recognised the need for reform. To that extent, we greatly welcome the Government's consultation on the issue of pedlary. A law put in place when people did not have easy transport around the country and would wander around with their goods is now undermining the regulation of the street scene. Street traders are very important, but when people come in to localities from different areas, that causes a difficulty. Oddly enough, in my constituency, we have moved down the route of discouraging cold calling as well, which points to another issue that should, perhaps, be looked at in the consultation. Given that distraction burglaries are a great concern in Birmingham, Yardley, we might need to look at that wider issue as well. The Reading Bill contains interesting provisions relating to touting. It refers to:""Any person who, in a place designated under this section, importunes any person by touting for a hotel"." It would be interesting to know how the courts would interpret that. Selecting the word "importunes" rather than "solicits" implies that somebody is being asked more than once. If we are to develop a framework for dealing with such issues, which we have supported all along, the Government's consultation should also consider what might need to be done about touting, and whether that should be addressed in relation to soliciting or importuning, which is the term used in the Bill. It might be difficult to secure prosecutions if somebody says, "Well, I only asked them once", given what, on the strict dictionary definition of the term used, the measure in the Bill means. I had great encouragement from the hon. Member for Nottingham, East to give a very long speech, but I am not sure that I entirely understood his semaphoring so I shall stick to talking about the basic issues, as I have so far. We support these private Bills, but in future, we will have to look at how legislation can be changed by public demand without that having to be agreed by a Department, because it is clear from the Bills' progress that the Department for Business, Enterprise and Regulatory Reform is resistant to necessary change. However, that resistance is gradually eroding as it is obvious that so many local authorities have reached the threshold where they are willing to spend more than £100,000—the £100,000 merely relates to the costs paid externally and there are obviously internal costs too. In the context of reform within this House and how legislation is generated, there must be a better mechanism for reviewing how to alter things, so that changes do not come just through the civil service, but can be developed outside this House and promoted in this House more effectively in mainstream business. That is different from everything coming along with the bus, as it were, with a standard Bill, on whatever it might be, generated out of the civil service. Resistance from within a Department—we are pleased to see it ebbing away on this occasion—causes the difficulty of a sequence of expensive private Bills and potentially a situation where we drive a problem around the country as we deal with it in each place. I must welcome the fact that the Government have recognised that and are moving to consultation. Within that consultation they should also examine the issue of touting, because if Reading feels that it is worth examining, it is important that we deal with the wider point. On that basis, we will be supporting these Bills. Question put and agreed to. Bill accordingly read a Second time and committed.
Secondary information
- Type
- Proceeding contribution
- Reference
- 493 c349-50
- 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
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