UK Parliament / Open data

London Local Authorities Bill [Lords]

It is always a trial to follow my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg), because, as I am sure we all agree, we could happily sit here all afternoon and listen to him, so wise is his counsel and so entertaining is his delivery. I am afraid that I cannot match it, but I, too, congratulate my hon. Friend the Member for Christchurch (Mr Chope) on tabling the amendments, and because today appears to have been a red letter day for him. Such was the speed at which our hon. Friend the Member for Finchley and Golders Green (Mike Freer) rattled through the amendments, which have now been accepted, that I struggled to keep up with them all, so my comments will be based on my understanding of the current situation, and I am sure that my hon. Friend will correct me if I am wrong at any point. I certainly support the thrust of what my hon. Friend the Member for North East Somerset said about the amendments, and particularly about the position of accredited persons. My hon. Friend the Member for Finchley and Golders Green made the point that such council officials and officers are reasonable people who will use the powers only when necessary and sparingly, that they would not be used willy-nilly, and that that was his experience of council officials. My hon. Friend talked to me about my experience of my local police when investigating what might be considered petty or minor crime, and my experience of the police in Shipley is, at is happens, very good—but he must not only have had good experiences of council officials and officers, but also have come across the rather petty council officer who is a stickler for something and does not use any discretion or common sense. I am sure that we have all come across those people. My hon. Friend the Member for North East Somerset referred to traffic wardens who wait for the clock to tick down before they put their £70 ticket on a vehicle, and there are also those who measure up to see whether one inch of a car is parked on a double yellow line, even though the vast bulk of the car is well within the parking space. I am sure that we have all had experiences of these things. It is completely unacceptable to give that kind of person additional powers to go about and terrorise what we would largely call law-abiding members of the public. In my hon. Friend's part of the world there may well be very reasonable people who use their powers very sparingly. However, the rules would apply not only to the council officials whom he has in mind, and not only to the council officials in place at the moment, all of whom may be very reasonable people, but to council officials in future—and who knows what kind of people we may have running some of our local authorities in future? We should not be giving people all these powers just because the people we know at the moment seem to be okay. We have to bear in mind how they may be used, or abused, in future. Amendment 9, which is one of the few amendments that my hon. Friend the Member for Finchley and Golders Green is not accepting, is about the power to require names and addresses. That is a completely unacceptable aspect of the Bill. He said that that power would be exercised only where council officials believed that an offence was being committed. I have a problem with that, because the definition of when somebody believes that an offence is being committed is fairly loose. In a situation where there was no real reason for anybody to think that an offence was being committed, but one of these officials merely stated that they did believe that an offence was being committed, would that be good enough for them then to exercise the power granted in the Bill? Where is the check on whether they were right in believing that an offence had been, or was about to be, committed? By allowing them to use these powers in such circumstances we are, in effect, allowing them to use them whenever and wherever they like. That is totally unacceptable. I come back to the point that I made briefly in an earlier intervention. Lots of my constituents come down from Shipley to London. They may not come down very often, perhaps only every now and then, but they know that they do not have to give their name and address to a council official when it is requested of them. If a council officer from Bradford city council demands to know their name and address, my constituents know that they do not have to tell him, and they can tell him to go forth and multiply. When my constituents come down to London on their day trip, or for a week's holiday, or to visit the theatre, or whatever it may be, and a council official in Westminster says to them, ““You must give me your name and address,”” they would be perfectly reasonably entitled to expect to be able to say to him, ““Go forth and multiply. I know I can tell my council official in Bradford to go forth and multiply, so there's no reason why I shouldn't be able to tell a Westminster city council official the same thing.”” It is totally intolerable, unacceptable and unjust that my constituents in that situation would be committing an offence and liable to pay a fine. How are they supposed to know? Many of my constituents are avid watchers of the Parliament Channel; they want to know what is going on and like to be very well informed about the political debate. However, are we really expecting them to be fully aware, having looked it up before they came down on their trip to London, of the powers of Westminster city council officials, on the off-chance that they may have been given a power that council officials in Bradford have not been given? It is complete nonsense to think that that could be acceptable in this country. This is not just a matter of minor interest; we are talking about our fundamental individual freedoms, and surely those apply equally right across the United Kingdom. I am a believer in localism, but surely we cannot farm out our fundamental freedoms to the principle of localism and allow every local authority to decide how illiberal it wants to be in its area. That is unacceptable. It is for this House to stand up against that kind of assault on our individual freedoms. I am disappointed that my hon. Friend the Member for Finchley and Golders Green said that he would not accept amendment 9, which would delete clause 4. Unlike my hon. Friend the Member for Christchurch, I am not an expert in parliamentary procedure, so I do not know whether we can put any of the amendments to a vote. However, as the promoter is now prepared to accept amendment 5, the lead amendment, I hope that my hon. Friend the Member for Christchurch will say that he wishes to press amendment 9 to a Division, because we are talking about a fundamental freedom. I hope that you, Madam Deputy Speaker, will be minded to allow a Division on that amendment if it is in order, because it is the most important amendment in the group. This is something that everybody in this House should be concerned about, because it could affect all our constituents. This might be the London Local Authorities Bill, but as so many of our constituents come down to London, it could affect any of our constituents.

About this proceeding contribution

Reference

537 c348-50 

Session

2010-12

Chamber / Committee

House of Commons chamber
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