argyrotsipi/train-dataset huggingface dataset:
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Transportation
Gregory Knight (Conservative, Centre-right): Following previous stages of our consideration of the Bill, and having received a number of representations, it is apparent to me that it can and should be strengthened further. One point of concern that has been raised, including by the hon. Member for Cardiff South and Penarth (Stephen Doughty) and my hon. Friend the hon. Member for Dudley South (Mike Wood), relates to the appeals services available to motorists. Currently, when a motorist receives a ticket, they must first go to the parking operator to challenge it. If the challenge is rejected, they may go on to an appeals service provided by whichever accredited trade association the parking operator is a member of. Parking on Private Land Appeals and the Independent Appeals Service are the appeals services of the British Parking Association and the International Parking Community respectively. However, POPLA does not operate in Scotland, so motorists who receive parking tickets from British Parking Association operators in Scotland are denied an independent appeals service entirely, which I do not think is right The Bill provides an opportunity to raise the standards of the private parking industry and create more consistency in the process. My amendments would expand that opportunity, providing the Secretary of State with the power to appoint a single appeals service for the whole industry, providing greater consistency for motorists in England, Scotland and Wales, as they would know exactly where to go when they want to appeal a private parking ticket.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Social Welfare
Michael James Tomlinson-Mynors (Conservative, Centre-right): May I be the first to congratulate my right hon. Friend on piloting his Bill thus far? Many of our constituents who are caught up in these schemes are among the most vulnerable. Will he reassure my constituents who have been caught up in the past that in future they will be able to go through a much clearer and more straightforward process?
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Transportation
Gregory Knight (Conservative, Centre-right): I am happy to give that assurance and to confirm that the appeals process will be free of charge The new clause and amendment 6 are the substantive amendments and would allow the Secretary of State to appoint a single appeals service for the private parking industry. They would also amend the proposed levy powers in order to use the levy to cover the costs of establishing and maintaining such an appeals service. Amendments 1 to 5, which also stand in my name, are largely technical and would amend the Bill to allow the Government flexibility to delegate their functions for investigating breaches of the code. They would also ensure that, where the Secretary of State has delegated the function of preparing the code of practice, they must still approve the final version of the parking code The current provisions mean that the Minister can delegate only to a public authority, but my amendments would allow the delegation of the investigatory function to private bodies. That would allow subject matter experts from private industry to conduct the function, thus offering a greater range of options and value for money. Lastly, my final amendments cover where the Secretary of State has delegated the code of practice, as I have said, but is still required to give final approval to it. I commend my new clause and amendments to the House.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Government Operations
Christopher Robert Chope (Conservative, Centre-right): May I address some remarks to the amendments in my name, particularly amendments 7 and 8 to clause 1? Like everybody else in the Chamber, I think this is a really good piece of legislation, but it is dependent on the good will of the Government to ensure that something actually happens Too often, we pass legislation in this House, and months or years later we find that nothing much has happened as far as the Government are concerned. I give as an example the primary legislation passed in this House to limit public sector exit payments to £95,000. That was contained in the Enterprise Act 2016. The Government have still not implemented that provision. Despite promises more than a year ago that they were about to bring forward regulations, they have not even fulfilled those promises. The most recent information I have is that there will be a write-round before Christmas, and then they may have a consultation on the regulations next year. When the Government say, "Yes, we’re definitely going to do something about this", as they did when that law was passed, there is quite often a gap between what is said and the reality It is against that background that I am seeking, in amendments 7 and 8, to tighten up the requirements on the Government to bring forward the code of practice. Currently, all the Bill says is: "The Secretary of State must prepare a code of practice containing guidance" However, he may not prepare that code of practice for many months or many years, and we should learn from past mistakes.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Transportation
Christopher Robert Chope (Conservative, Centre-right): I hope that is so. One way of establishing that my right hon. Friend is right would be if the Government readily accept amendments 7 and 8. Doing so would reinforce the good will of the Government in ensuring that they will bring forward their parking code in good time.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Government Operations
Christopher Robert Chope (Conservative, Centre-right): That is exactly the purpose of my amendments Amendment 7 would insert, in the first line of clause 1, that the Secretary of State, "within twelve months of the day on which this Act is passed", must prepare a code of practice. That is pretty clear in bringing in a time limit and a requirement. I hope the Minister will be able to give an undertaking that the Government will bring forward a code of practice within 12 months. Some people may be impatient and say that they want it sooner, but under the terms of the Bill the Government have to consult before producing a code of practice, so I think it is reasonable to allow a period for the code of practice to be drawn up and consulted on If that amendment goes too far and is too extreme for the Government, amendment 8 is a modification as it would mean that the Secretary of State must "use his best endeavour" to prepare a code of practice. I do not know whether the Minister will say that those words are a meaningless addition, or that they would impose too tight a legal requirement on the Secretary of State.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Government Operations
Gregory Knight (Conservative, Centre-right): May I say gently to my hon. Friend that if his amendments are accepted, they may cause some difficulty? If the Bill becomes law, the Government will need to go through a procurement process, which will take several months. The arbitrary time limit that he seeks to impose might mean that that procurement process could not properly take place.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: International Affairs
Christopher Robert Chope (Conservative, Centre-right): That very challenging question is not dissimilar to the questions that I asked the Government and Prime Minister about what enforcement mechanism there will be to ensure that "best endeavours" as referred to in the withdrawal agreement will be implemented. In answer to a parliamentary question from me, the Minister replied on 22 November: "The reference to best endeavours in Article 184 of the Withdrawal Agreement is a legally binding commitment that requires the United Kingdom and the EU to conduct themselves so that the negotiations on the future relationship are meaningful. It prohibits inflexible or obstructive behaviour and obliges the parties to pay reasonable regard to the interests of the other party." So in answer to the hon. Gentleman, that is the precedent that would be established. If he thinks that that is full of clarity, then I am sure he will be eager to support my amendment.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Transportation
James Roger Cartlidge (Conservative, Centre-right): Presumably, whether best endeavours have been followed in the Brexit negotiations is likely to capture slightly more media coverage than whether best endeavours have been used in the introduction of the civil car parking code of practice.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: International Affairs
Christopher Robert Chope (Conservative, Centre-right): With the greatest respect, I do not understand why my hon. Friend says that. According to the Government, "best endeavours" is a legal term, so why can we not incorporate it in the Bill in the same way that it has been proposed that it should be incorporated in the EU withdrawal legislation?
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Government Operations
Christopher Robert Chope (Conservative, Centre-right): In my submission, if an aggrieved member of the public felt that the Government had not been using their best endeavours to bring forward the code of practice and were thereby delaying the implementation of the will of Parliament, it would be open to that person to raise the matter by way of a judicial review, so there would be an enforcement mechanism.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Government Operations
Alexander John Gervase Chalk (Conservative, Centre-right): Is this amendment not a licence to take power away from this House and put it into the courts? This House should be responsible for its own legislation. If there had been a failure of a dilatory nature from the Government, then my hon. Friend could no doubt call them to account in this House. However, ceding power to the courts to make a decision on whether best endeavours have been used seems to me to be a complete abdication of responsibility.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: International Affairs
Christopher Robert Chope (Conservative, Centre-right): What my hon. Friend says is interesting if one applies the analogy of best endeavours to what is being discussed in the context of article 184 of the EU withdrawal agreement. In answer to another parliamentary question, the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Daventry (Chris Heaton-Harris) the Minister with responsibility for exiting the European Union stated: "the primary remedy would be that the party in default would be obliged to return to the negotiating table and modify its position. In the event that there was further non-compliance, remedies may be imposed under the processes established by the withdrawal agreement." It may be that my amendment is just as weak as article 184 of the proposed EU withdrawal agreement seems to be.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Government Operations
Christopher Robert Chope (Conservative, Centre-right): I shall use my best endeavours to comply with your ruling, Madam Deputy Speaker I think that was a useful walk around amendments 7 and 8. Let me refer briefly to the other amendments in my name, which deal with when the Bill has to be enacted. At the moment, clause 11, on the commencement, extent and short title, says that "section 8" and "any power to make regulations" will come in "on the day on which this Act is passed" However, the clause also states that the "remaining provisions of this Act come into force on such day as the Secretary of State may by regulations appoint." My amendment suggests that that should be two months after the day on which the Act is passed, again to ensure that the pressure is kept on the Government to bring the measures forward as quickly as possible. There is massive public demand for them, and I fear that if we do not tie the Government’s hands a bit more than the Bill does currently, we may have to rely, to a very great extent, on the muscle power of my right hon. Friend the Member for East Yorkshire. I do not really think we want to have to do that, which is why I tabled the amendments. I look forward to hearing what the Minister has to say.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Transportation
Paul Masterton (Conservative, Centre-right): The hon. Gentleman has set out very clearly the concerns in his constituency. He has been an MP slightly longer than I have, but is he shocked by the sheer amount of correspondence in his inbox and postbag on parking charges? The Bill gives us a chance, particularly in Scotland, where the appeals process is slightly more iffy, to achieve clarity and fairness for our constituents against many of those—as he rightly says—rogue independent parking operators.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Law and Crime
Michael James Tomlinson-Mynors (Conservative, Centre-right): As ever, the hon. Gentleman is making an eloquent and passionate defence of the Bill, which is excellent. A few moments ago, he mentioned the threatening letters that were sent. Does he agree that, like my constituents, his more robust constituents can shrug them off, but the more vulnerable are caught up, and for them the charges, when set out in detail, are more worrying and impactful if they end up having to pay them?
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Government Operations
Michael Jon Wood (Conservative, Centre-right): I thank my right hon. Friend for that generous intervention, but I fear that it may be a little too generous. The work that he and his team, and Ministers, have done has been key to the Bill I will certainly support both my right hon. Friend’s amendments and the Bill’s Third Reading, but I am afraid that I do not find myself able to support amendment 8, tabled by my hon. Friend the Member for Christchurch (Sir Christopher Chope). I think that we have a responsibility to ensure as far as possible that the provisions in our legislation are enforceable, and I therefore question the wisdom of legislative provisions requiring best endeavours on the part of the Government, although I have no doubt whatsoever that Ministers will at all times exercise such best endeavours. I am particularly reassured by the undertakings given by my right hon. Friend to harry Ministers if that becomes necessary, and I am in absolutely no doubt that he is perfectly capable of making Ministers’ lives a misery, just as he has promised.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Transportation
Henry Edward Millar Smith (Conservative, Centre-right): I congratulate my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) on introducing this timely Bill The hon. Gentleman is talking about parking companies that almost set motorists up to fail to be able to meet their terms, but it is not just the small operators who do this. It is alleged that NCP—National Car Parks—in the centre of Crawley has been charging motorists for illegal parking when it does not even have planning permission for the CCTV to monitor those cars. Does the hon. Gentleman agree that the large companies must also comply with best practice?
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Government Operations
Michael James Tomlinson-Mynors (Conservative, Centre-right): As ever, my hon. Friend is using his forensic intellect to consider these matters, but is not the situation worse than that? Even if it were justiciable, the phrase "best endeavour" is simply too vague. It would be impossible to judge, as the hon. Member for Cardiff West (Kevin Brennan) pointed out in an earlier exchange, whether a Minister had or had not used best endeavour.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Law and Crime
Alexander John Gervase Chalk (Conservative, Centre-right): Absolutely right. The Court would not thank this House at all for requiring it to make that kind of assessment. One could imagine how the evidence would have to be provided on both sides. The Minister would provide timelines, and then the Court might have to consider what the Opposition had to say. How on earth would the Court be meant to make a judgment?
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Transportation
Rishi Sunak (Conservative, Centre-right): I cannot give my hon. Friend a precise answer to that question, simply because, in the first instance, I am not in control of the parliamentary process in the other place, as he will be aware However, what I can do for my hon. Friend and the House is to give some evidence as to the pace and commitment with which I and my team are working on this issue. My predecessor, my hon. Friend the Member for Nuneaton (Mr Jones), had already, even before the Bill’s Second Reading, asked the director of the RAC Foundation to form a working group to start developing an outline code of practice. That working group contains multiple stakeholders from across the industry, including the two main trade associations—the BPA and the International Parking Community—the Welsh and Scottish Governments, and bodies such as People’s Parking, the RAC Foundation, the traffic penalty consortium, the British Retail Consortium, and the DVLA. The body has already met four times—each time extensively, for over two hours—to debate all the issues. I personally have spent time with the director of the RAC Foundation and the BPA, and I am shortly to meet the IPC. My officials have had more than 30 bilateral meetings with members of the working group. At my instigation, my officials have hosted a parking operator roundtable in the Department to fully engage the industry to help to develop the code of practice All that work has not been in vain. It has informed a draft code of practice, which has already been published and shared with the Public Bill Committee, and I would be delighted to place a copy of it in the Library for hon. Members to see. I hope that, collectively, this will give all hon. Members the reassurance they need that the Government and I are firmly committed to developing this code of practice, and ensuring that the legislation is enacted as quickly and practically as is possible.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Transportation
Eleanor Fulton Laing (Conservative, Centre-right): Thank you. It is very good to have clarity for the Chair Question put and agreed to. New clause 1 accordingly read a Second time, and added to the Bill. Clause 6 Delegation of functions Amendments made: 1, page 3, line 14, leave out from "may" to "functions" in line 20 and insert "— (a) enter into an agreement with a public authority authorising the authority to perform any functions of the Secretary of State under sections1 to4 (other than the function of laying a code or alteration before Parliament); (b) enter into an agreement with a person authorising that person to perform any" This amendment enables the Secretary of State to delegate functions relating to the investigation of breaches of the parking code to bodies that are not public authorities. Amendment 2, page 3, line 28, leave out "public authority which is" and insert "person" This amendment is consequential on Amendment 1. Amendment 3, page 3, line 34, leave out "the final version of" See the explanatory statement for Amendment 5. Amendment 4, page 3, line 35, at end insert "for approval" See the explanatory statement for Amendment 5. Amendment 5, page 3, line 36, leave out "The" and insert "Once the Secretary of State has approved the code or alteration, the" .—(Sir Greg Knight.) Amendments 3 to 5 make clear that, where the Secretary of State has delegated the function of preparing the parking code, the Secretary of State must approve the final version of the parking code (or any alteration to it) before it is laid before Parliament. Clause 7 Levy for recovery of administrative and investigation costs Amendment made: 6, page 4, line 3, at end insert— "() where the Secretary of State has entered into an agreement with a person under section (Appeals against parking charges) (appeals against parking charges), the establishment and maintenance by the person of a service for dealing with parking appeals (within the meaning of that section)." —(Sir Greg Knight.) The effect of this amendment is that, where the Secretary of State enters into an agreement with a person for the person to deal with appeals against parking charges (see NC1), the costs of establishing and maintaining that parking appeals service may be defrayed out of the proceeds of the levy imposed on accredited parking associations. Third Reading Queen’s consent signified.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Transportation
Gregory Knight (Conservative, Centre-right): I am grateful to my hon. Friend for his intervention. These examples are all, clearly, very distressing for the motorist concerned, as are the language and the threats that are often used—a point made by my hon. Friend the Member for Cheltenham (Alex Chalk). It is, however, important to remember that these companies have no legal power to fine motorists. That is something only the police, local councils and those enforcing railway byelaws can do. As a result, some private parking companies deliberately make their parking charges look very similar to official penalty charge notices. When the police or the local authority issue a fine, it will often be labelled as a "PCN"—a penalty charge notice—and may come in an official yellow cellophane wrapper. Some private companies are now using similar packaging and are even labelling their notices with the word, "PCN", but this time it stands for parking charge notice. Often the term enforcement is used, but these companies do not have any enforcement powers.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Transportation
Gregory Knight (Conservative, Centre-right): My hon. Friend will be pleased to know that, when this Bill becomes law, as I hope it will, that is precisely what it will do: it will take away the right of a rogue company to seek vehicle keeper details, thereby putting it out of business.
Parking (Code of Practice) Bill — House of Commons, 2018-11-23
Topic: Law and Crime
Kevin John Foster (Conservative, Centre-right): Does my right hon. Friend agree that the whole purpose of this Bill—I will come on to this in my own speech in a minute—is to create a clear and single source for the code of practice and regulation so that the rogue operators cannot shop around, and also if those operators are not approved, they cannot approach the DVLA? What is at the absolute core of this Bill is stopping this flagrant abuse that is going on.