UK Parliament / Open data

London Local Authorities and Transport for London (No. 2) Bill [Lords]

Debate on bills on Wednesday, 10 July 2013, in the House of Commons.
Report stage first day. To be further considered on 16 July.
Type
Parliamentary proceeding
Reference
566 cc469-507 
Session
2013-14
Legislative stage
Report stage
Chamber / Committee
House of Commons chamber
Proceeding contributions
Christopher Chope | 566 c469 (Link to this contribution)

I beg to move amendment 1.

Baroness Primarolo | 566 c469 (Link to this contribution)

With this, it will be convenient to discuss amendments 2 to 9 and 20.


Show all contributions (129)
Christopher Chope | 566 c469 (Link to this contribution)

It gives me great pleasure to move amendment 1 and to discuss the other amendments in the group. ...

Jim Fitzpatrick | 566 c469 (Link to this contribution)

The critics to whom the hon. Gentleman refers have obviously never had the opportunity of being i...

Christopher Chope | 566 cc469-470 (Link to this contribution)

I am grateful to the hon. Gentleman. I do not wish to crow, other than to say that it is importan...

Philip Davies | 566 c470 (Link to this contribution)

I understand my hon. Friend’s point. Is it possible that what he mentions is done to enable autho...

Christopher Chope | 566 c470 (Link to this contribution)

It may be that my hon. Friend, as so often, anticipates the response to come from my hon. Friend ...

David Nuttall | 566 c470 (Link to this contribution)

Might not confusion result from the fact that measures are to be introduced on different days in ...

Christopher Chope | 566 c470 (Link to this contribution)

It could be, but I am not going to try to follow my hon. Friend by making accusations against the...

Philip Davies | 566 c470 (Link to this contribution)

I just wonder whether my hon. Friend’s amendment will achieve what he seeks. Are these parts of t...

Christopher Chope | 566 cc470-1 (Link to this contribution)

My hon. Friend raises another point that I had not thought about, which is that these subsections...

David Nuttall | 566 c471 (Link to this contribution)

Amendment 3 specifically suggests that the approval of the Secretary of State for Transport shoul...

Christopher Chope | 566 c471 (Link to this contribution)

I am not learned in any sense of the term, but this amendment has been selected and I thought tha...

Philip Davies | 566 c472 (Link to this contribution)

My hon. Friend comes at this with far more expertise and knowledge than I do, because whereas I n...

Christopher Chope | 566 c472 (Link to this contribution)

Whether it was a meaningless rubber-stamping exercise or something of substance would depend very...

Stephen Hammond | 566 c472 (Link to this contribution)

My hon. Friend rightly says that I would be entirely assiduous should this onerous burden be plac...

Christopher Chope | 566 cc472-3 (Link to this contribution)

I am grateful to my hon. Friend for the first part of his remarks and I hope that in due course w...

Philip Davies | 566 c473 (Link to this contribution)

I totally agree with my hon. Friend; this is a ludicrous state of affairs. Also, the Bill says “a...

Christopher Chope | 566 cc473-4 (Link to this contribution)

Exactly. My hon. Friend makes a very good point.

Clause 5(5) falls into the “ludicrous and ...

Jim Fitzpatrick | 566 c474 (Link to this contribution)

The hon. Gentleman is making a strong argument for the amendment. If I heard him correctly, he sa...

Christopher Chope | 566 c474 (Link to this contribution)

I hope so, but I have not yet received formal notice about this amendment. The two amendments abo...

Jim Fitzpatrick | 566 c474 (Link to this contribution)

I was not indicating whether we supported or opposed the amendment; all I was saying was that the...

Christopher Chope | 566 c474 (Link to this contribution)

The hon. Gentleman suddenly seems rather nervous about committing himself. I am grateful to him f...

Philip Davies | 566 c474 (Link to this contribution)

On amendment 6, which would leave out subsection (5), has my hon. Friend had any thoughts about w...

Christopher Chope | 566 c474 (Link to this contribution)

I find that a rather testing intervention, because I am rather against the idea of using e-mails ...

Christopher Chope | 566 cc474-5 (Link to this contribution)

I am grateful to my hon. Friend. They go into the spam folder, so they are effectively never rece...

Philip Davies | 566 c475 (Link to this contribution)

May we stick to amendment 7 for the time being? I agree with my hon. Friend’s general premise. Mo...

Christopher Chope | 566 c475 (Link to this contribution)

That could well be an unintended consequence—

Christopher Chope | 566 cc475-6 (Link to this contribution)

I do not think it would be an intended consequence. I concede that my hon. Friend may have got me...

Philip Davies | 566 c476 (Link to this contribution)

My hon. Friend, rather uncharacteristically, is rushing through his amendments and catching me ou...

Christopher Chope | 566 c476 (Link to this contribution)

Yes. If we were to leave out “may” and insert “shall”, as amendment 7 proposes, but not make amen...

Philip Davies | 566 c476 (Link to this contribution)

It is clear, but I wonder whether my hon. Friend could expand a little on why he thinks the highw...

Christopher Chope | 566 cc476-7 (Link to this contribution)

In a sense, that is the other side of the coin my hon. Friend has just used. The answer is that i...

David Nuttall | 566 c477 (Link to this contribution)

Is my hon. Friend aware of the definition of “owner”? Is it a leasehold-owner or someone who owns...

Christopher Chope | 566 c477 (Link to this contribution)

My hon. Friend makes another good point. I do not know. The explanatory notes define “owner” in r...

Philip Davies | 566 c477 (Link to this contribution)

I agree with my hon. Friend wholeheartedly. Does he agree that there may well be a perfectly good...

Christopher Chope | 566 cc477-8 (Link to this contribution)

Absolutely. The clause refers to anyone who

“interferes with a relevant barrier without law...

Bob Blackman | 566 c478 (Link to this contribution)

I thank my hon. Friend the Member for Christchurch (Mr Chope) for tabling these various amendment...

David Nuttall | 566 c478 (Link to this contribution)

Will my hon. Friend give the House one or two examples of the sorts of signs and effects that wou...

Bob Blackman | 566 cc478-9 (Link to this contribution)

There will be times when signage or lamps are required, possibly on a temporary basis, and theref...

Christopher Chope | 566 c479 (Link to this contribution)

Is not the point that provision is already set out in the Road Traffic Regulation Act 1984 to dea...

Lindsay Hoyle | 566 c479 (Link to this contribution)

The Minister is getting carried away. He cannot intervene on someone who is already intervening. ...

Bob Blackman | 566 c479 (Link to this contribution)

Does the Minister wish to intervene?

Lord Hammond of Runnymede | 566 c479 (Link to this contribution)

Wearily he climbs. Let me try and clear up this point. I agree with my hon. Friend the Member for...

Bob Blackman | 566 cc479-480 (Link to this contribution)

I thank the Minister for that helpful intervention. Amendment 4 would mean that local authorities...

Philip Davies | 566 c480 (Link to this contribution)

My hon. Friend is doing a good job of explaining the position. However, if I heard him correctly,...

Bob Blackman | 566 c480 (Link to this contribution)

It is clearly incumbent on the local authority to make every effort to establish the name and own...

David Nuttall | 566 c480 (Link to this contribution)

On that basis, if local authorities already have the power to serve notices, I am not quite sure ...

Bob Blackman | 566 c480 (Link to this contribution)

It just reinforces and restates existing legislation, and I think it is sensible to have the rele...

Christopher Chope | 566 c480 (Link to this contribution)

My hon. Friend says that the subsection just restates the existing law in section 233 of the 1972...

Bob Blackman | 566 c481 (Link to this contribution)

For clarity and continuity it is sensible to restate, not change, the position that already exist...

Christopher Chope | 566 c481 (Link to this contribution)

The explanatory memorandum states that

“Clause 6 would replace section 133 with provisions ...

Bob Blackman | 566 c481 (Link to this contribution)

The key point is who repairs the damage initially, or how the money is recovered. The point is th...

David Nuttall | 566 c482 (Link to this contribution)

I am not sure that I entirely agree with that interpretation. All that the amendments tabled by m...

Bob Blackman | 566 c482 (Link to this contribution)

I thank my hon. Friend for that point, but that is completely the wrong way around. The polluter ...

Christopher Chope | 566 c482 (Link to this contribution)

I think we are at cross-purposes. My hon. Friend rightly said that the polluter should pay, but m...

Bob Blackman | 566 c482 (Link to this contribution)

The highways authority already has a duty to keep the highways in good repair. As I read the amen...

Bob Blackman | 566 cc482-3 (Link to this contribution)

No, it wouldn’t. It says that the local authority “shall” step in and do the work, irrespective. ...

Philip Davies | 566 c483 (Link to this contribution)

I am not entirely sure that the matter is as clear-cut as my hon. Friend says. As I understand it...

Bob Blackman | 566 c483 (Link to this contribution)

Clearly, this is a matter of interpretation. The purpose of placing barriers across a traffic hig...

Christopher Chope | 566 c483 (Link to this contribution)

Obviously we want to test out the new provision, because it would create a new criminal offence, ...

Bob Blackman | 566 c483 (Link to this contribution)

Having made something of a study of such gates in London over the years, I can say that they are ...

Philip Davies | 566 c483 (Link to this contribution)

My earlier intervention fell on stony ground, so I will try from a different angle. My hon. Frien...

Bob Blackman | 566 c483 (Link to this contribution)

It would be shocking; indeed, it would be shocking if the emergency services did not have the key...

Jim Fitzpatrick | 566 c484 (Link to this contribution)

Is it not also the case that the emergency services have a statutory power of entry when they are...

Bob Blackman | 566 c484 (Link to this contribution)

I cannot imagine that anyone who was acting under the authority and direction of a member of the ...

Lindsay Hoyle | 566 c484 (Link to this contribution)

What a choice! I call Mr Nuttall.

David Nuttall | 566 c484 (Link to this contribution)

Thank you, Mr Deputy Speaker. As always, it is a pleasure to follow my hon. Friend the Member for...

Lindsay Hoyle | 566 c484 (Link to this contribution)

Well, let me help the hon. Gentleman. We are discussing the amendments, and we do not need to hea...

David Nuttall | 566 c484 (Link to this contribution)

Thank you, Mr Deputy Speaker. I am indeed. In one sentence, let me say that this is relevant beca...

Lindsay Hoyle | 566 c485 (Link to this contribution)

Don’t worry, I do not need to see the Bill shrinking before my eyes. All I want to hear being dis...

David Nuttall | 566 cc485-6 (Link to this contribution)

I was just finishing the sentence, Mr Deputy Speaker.

I shall start with amendments 1 and 2...

Jim Fitzpatrick | 566 c486 (Link to this contribution)

The hon. Gentleman says that he is not convinced by the arguments of his hon. Friend the Member f...

David Nuttall | 566 cc486-9 (Link to this contribution)

What I cannot understand is why we would need legislation to remove a sign. I understand why legi...

Christopher Chope | 566 c487 (Link to this contribution)

On reflection, would my hon. Friend agree that the biggest problem with the clause is that it cri...

David Nuttall | 566 c487 (Link to this contribution)

My hon. Friend makes a very good point. That is one of the problems with the clause: it will pote...

John Bercow | 566 c487 (Link to this contribution)

Order. I call Mr Philip Davies, and I am modestly confident that the contribution will be relativ...

Philip Davies | 566 cc487-490 (Link to this contribution)

Among your many other great qualities, Mr Speaker, you are clearly a mind reader. I was only just...

Christopher Chope | 566 c490 (Link to this contribution)

At the risk of hastening my hon. Friend on, will he specify which he thinks are the best amendmen...

Philip Davies | 566 cc490-2 (Link to this contribution)

I am grateful to my hon. Friend and I certainly will do that. To cut to the chase, his strongest ...

Jim Fitzpatrick | 566 cc492-3 (Link to this contribution)

I am grateful for the opportunity to follow the hon. Member for Shipley (Philip Davies).

Wh...

Christopher Chope | 566 c493 (Link to this contribution)

With your encouragement, Mr Speaker, this has been a very civilised debate and we have covered th...

John Bercow | 566 c493 (Link to this contribution)

I am grateful to the hon. Gentleman. I am clear that he wishes at some stage to test the will of ...

Christopher Chope | 566 c493 (Link to this contribution)

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

John Bercow | 566 c494 (Link to this contribution)

With this is will be convenient to consider amendments 11 to 19.

Christopher Chope | 566 c494 (Link to this contribution)

These amendments relate to part 3 of the Bill, which deals with “Builders’ Skips”. It is importan...

Christopher Chope | 566 c494 (Link to this contribution)

I will take my hon. Friend’s intervention shortly, but I am going to anticipate it in my next com...

Bob Blackman | 566 c494 (Link to this contribution)

I congratulate my hon. Friend on tabling this amendment. The promoters are happy to accept it, an...

Christopher Chope | 566 cc494-5 (Link to this contribution)

I am very grateful to my hon. Friend.

Amendments 12 and 13 deal with the level of penalty f...

Philip Davies | 566 c495 (Link to this contribution)

Will my hon. Friend clarify what sums are involved at levels 1, 3 and 5 so that we may better ass...

Christopher Chope | 566 c495 (Link to this contribution)

I am afraid that that is the exam question I hoped would not be asked, because I do not know the ...

Philip Davies | 566 c495 (Link to this contribution)

Does my hon. Friend have in mind a scenario in which a skip that has been properly lit is vandali...

Christopher Chope | 566 cc495-6 (Link to this contribution)

That is exactly the scenario I had in mind. The owner might employ security guards to look at the...

Philip Davies | 566 c496 (Link to this contribution)

Does my hon. Friend accept that if amendment 14 is accepted and requires someone to take “any rea...

Christopher Chope | 566 cc496-7 (Link to this contribution)

Exactly. Sometimes the imagination of those who draft private Bills runs away with them and they ...

Bob Blackman | 566 cc497-8 (Link to this contribution)

I thank my hon. Friend the Member for Christchurch (Mr Chope) for outlining his various amendment...

David Nuttall | 566 c498 (Link to this contribution)

My hon. Friend has said on a couple of occasions that this Bill is a decriminalisation measure. M...

Bob Blackman | 566 c498 (Link to this contribution)

The point is that these are criminal offences at the moment. The proposals would put the power re...

David Nuttall | 566 c498 (Link to this contribution)

On that point, will my hon. Friend inform the House what sort of court someone would be taken to ...

Bob Blackman | 566 c498 (Link to this contribution)

A penalty charge notice would be issued initially. If that is paid, that is the end of the matter...

Christopher Chope | 566 c499 (Link to this contribution)

My hon. Friend says that it is perfectly reasonable that somebody who owns a skip should be subje...

Bob Blackman | 566 c499 (Link to this contribution)

The current position is that were that to happen and lighting was removed, a criminal offence wou...

David Nuttall | 566 c499 (Link to this contribution)

The logical conclusion is that the person on whom the authorities have served the notice must tur...

Bob Blackman | 566 cc499-500 (Link to this contribution)

Clearly, it would be incumbent on the person served with the PCN to substantiate that the contrav...

Jim Fitzpatrick | 566 c500 (Link to this contribution)

If I remember correctly, my hon. Friend the Member for Ealing North (Stephen Pound) pointed out o...

Bob Blackman | 566 c500 (Link to this contribution)

I thank the hon. Gentleman for clarifying the issue.

In summary, let me say on behalf of th...

Philip Davies | 566 cc500-1 (Link to this contribution)

I seek to fulfil the same role in this debate as I did in the debate on the previous group of ame...

David Nuttall | 566 c501 (Link to this contribution)

Perhaps I can assist my hon. Friend. The difference might be that clause 8(1) refers to “the name...

Philip Davies | 566 cc501-2 (Link to this contribution)

I appreciate that point, but amendment 10, standing in the name of my hon. Friend the Member for ...

Christopher Chope | 566 c502 (Link to this contribution)

I am grateful to my hon. Friend for his support of my amendment. Does he accept that exactly what...

Philip Davies | 566 c503 (Link to this contribution)

My hon. Friend makes a very good point. His amendment goes with the flow of the legislation rathe...

David Nuttall | 566 cc503-5 (Link to this contribution)

If I may, I will start where my hon. Friend the Member for Shipley (Philip Davies)left off, and w...

Christopher Chope | 566 c505 (Link to this contribution)

Does my hon. Friend agree that one of the big problems is that local authorities have already dem...

David Nuttall | 566 cc505-6 (Link to this contribution)

My hon. Friend makes a good point, as that is one reason why one is slightly sceptical about this...

Christopher Chope | 566 c506 (Link to this contribution)

In summing up an excellent debate, may I thank my hon. Friend the Members for Bury North (Mr Nutt...

David Nuttall | 566 c506 (Link to this contribution)

I appreciate that my hon. Friend is summing up, but are we not talking about the same case that w...

Christopher Chope | 566 c506 (Link to this contribution)

Exactly the same point applies in relation to gated roads, which is why it is a pity that we have...

Christopher Chope | 566 cc506-7 (Link to this contribution)

I am delighted that the hon. Gentleman is joining in with the debate, albeit from a sedentary pos...

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