Bournemouth Borough Council Bill [Lords]

Amendment 19 is similar to amendment 18 in that it would leave out "bona fide" on page 4, line 11. I do not need to address my remarks to that. Amendment 20 reads:""leave out from 'customer' to end of line 13"," on page 4. The effect of amendment 20 would be to enable the person to carry on trading from the time that he commences a transaction involving selling goods to a customer or supplying a service for payment by a customer, because it would leave out the words""up to the moment when the transaction is completed or aborted"." Again, that would add a lot of clarity and reduce the restrictions in the Bill. Amendment 20 is perhaps not the most important amendment, but it nevertheless merits serious attention. Amendment 21 would leave out the words "bona fide" from clause 5, on page 4, line 15, although I will not go over that ground again. Then we come to amendment 22, which would leave out lines 20 to 24 on page 4, removing the requirements relating to measurements of minimum distance. Everyone understands what a minimum distance is and why I am against references to minimum distances, and certainly the short distances referred to in clause 5. Everybody knows how to measure a distance, and we do not need to define it as tightly as the Bill does, which says that the""measurement of minimum distance operates in a straight line except to the extent that…the ground is not level"—" I am slightly confused by what that means—or that the""passage along the line is obstructed by buildings, fixed structures or private property"." If we are to have any confidence in common sense, surely we do not need the degree of prescription in proposed new paragraph 1(2C)(b) of schedule 4 to the 1982 Act, as set out in clause 5, on lines 20 to 24 of page 4. The last amendment in this group is amendment 23, which is arguably one of the most important amendments, because it bears directly on the quotation that I gave a moment ago of the Chairman of the Opposed Private Bill Committee, who said that there was no intention on the part of that Committee to redefine the word "pedlar". It is my submission that clause 5(2) should not say:""Nothing in subsection (1) shall be taken to extend the range of activities that comprise acting as a pedlar."" The Bill as drafted restricts the range of activities that comprise acting as a pedlar, compared with the activities set out under the Pedlars Act 1871 and the case law under it. It would be much clearer, and would also reflect more accurately the express intentions of the Chairman and other members of the Opposed Private Bill Committee, if clause 5(2) said that nothing in subsection (1) should be taken to "restrict" the range of activities that comprise acting as a pedlar, which is the complete reverse of what it says now. The reason why I think that that is important is that there is a lot of suspicion about the motives behind the provisions. There has been a breakdown of trust between the pedlars and the various boroughs whose enforcement officers they believe are harassing them unnecessarily. If the Bill goes forward in a way that, it could be argued, restricts the range of activities that currently comprise acting as a pedlar, not only will that be premature, because we will still be awaiting the report from the Government following the consultation that is taking place, but it will add to the pedlars' frustration and their feeling that they are an oppressed minority. There are only about 3,500 of them up and down the country, and some of us are trying to defend their interests today—and, indeed, to encourage more people to participate in the art and activity of pedlary, which brings so much joy to so many people in so many parts of the country. I have summarised my amendments and I urge hon. Members to support them.