My Lords, I thank the noble Lord, Lord Clement-Jones, for introducing the Bill. He and I have been locked in closed rooms a number of times recently, dealing with intellectual property. It is nice to see that he is not a one-club golfer and has other strings to his bow. I am sorry about the mixed metaphors. I am reminded of the brilliant game that he played last Session when he brought the Live Music Bill before your Lordships’ House. He entranced us with his arguments there and attracted the attention and support of the Government. He is clearly trying to do the same again here. We wish him well with that.
I thank the other speakers in the debate, which has been of high quality. I am particularly grateful to the noble Earl, Lord Clancarty, and the noble Viscount, Lord Colville, for bringing in the wider context, which is important to this issue. After all, it is about the way in which we want our city centres to operate, and they are in danger if the widest possible range of activities cannot take place there to bring people back to them and to use them.
It is clear that the very excellent speech of the noble Lord, Lord Clement-Jones, which I thought was one of the best that I have heard since I joined your Lordships’ House, covered all the aspects that needed to be brought into play. He did so with passion and rigorous argument throughout. His point seems to be that the existing law is imperfectly achieving its objectives. It disadvantages good and valuable work in local areas, involving the arts, culture and social provision. As a result, we all lose. It encourages commercialisation of activities that depend on a more informal and relaxed use of space and the bringing in of new groups and activities to refresh and innovate. It also does not solve the litter problem that the legislation was intended to address. As other noble Lords have said, other measures would probably be more effective in that regard.
As was said, leaflets are not litter until they are discarded. Perhaps there is a thought there. It is surprising how widely the legislation has been used, and one did not perhaps realise that until it was brought up in debate. That seems to be counterintuitive in the age of the internet. One would think that most of the groups and activities that we are talking about might have used social media and others to attract their audiences. However, it is clear from the evidence that the way in which this activity operates involves a direct link with customers. There is a vicious circle whereby if you cannot make contact by direct leafleting you cannot grow the venue or activity to the extent that it would be able to pay for a licence when that was appropriate.
The argument, of course, is that it is not appropriate. The licences are not cheap and their costs vary across the country. It is not surprising to hear that Brighton is one of the most egregious examples. The Green Party would obviously leap on to such a proposal that
could be dressed up as a way of trying to accentuate a green activity by banning litter. However, it is a brave Government who attempt to restrict the activities of the Women’s Institute. If that is their purpose, I wish them luck.
The Government have a responsibility to review the effectiveness of legislation that has been passed, even legislation passed by a previous Administration. It is clear that this law is causing difficulties in an area that we all hold dear. I look forward to hearing the views of the Minister in response.
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