§ Baroness Gardner of Parkes asked Her Majesty's Government:
§ Whether they will introduce regulations under Section 150 of the Local Government and Housing Act 1989 to clarify the existing right of local authorities to charge for suspension of parking places.
§ Baroness Gardner of ParkesMy Lords, can I draw my noble friend's attention to the fact that this is a very grey area? It has not been clearly established whether the provision is legal or illegal. Does he agree that in view of the reply made at the Committee stage of the Road Traffic Bill, when the Government said that they had the powers to clarify this matter, that it would be desirable to do so?
Earl HoweMy Lords, it is correct to say that under existing legislation a charge made by a local authority for suspending a parking meter is neither prohibited nor expressly allowed for. However, the New Roads and Street Works Bill, which your Lordships considered for the last time this week, will allow highway authorities to recover from utilities all costs incurred by virtue of temporary traffic regulations. In principle that could include the administrative cost of suspending a metered parking bay.
§ Baroness Gardner of ParkesMy Lords, in view of the fact that it is so important not only to residents and other motorists who wish to use the facility, if it transpires that after the Bill comes into operation there still remains a lack of clarity, can the Minister say whether the Government will then consider the matter further?
Earl HoweMy Lords, the Government are not aware that the situation as it stands presents undue difficulty to local authorities. If it is a matter which is found to cause problems, the Government will naturally pay heed to any supported arguments that the local authorities choose to bring forward. However, we would prefer not to make further legislative changes at the moment.
§ Lord Clinton-DavisMy Lords, perhaps I may take this opportunity to congratulate the noble Earl on his first appearance at the Dispatch Box. Perhaps I may also advise him that I have no supplementary question to offer on this occasion.
Earl HoweMy Lords, I thank the noble Lord for his kind remarks. I am very relieved as to the content of his second statement.
§ Lord TordoffMy Lords, perhaps I may join in the congratulations. However, I have one supplementary question arising from what the noble Baroness, Lady Gardner of Parkes, said. In his reply, the Minister referred to utilities suspending parking bays. Can the Minister say something about private ventures suspending parking bays? Has the noble Earl been into Great Peter Street recently and seen the chaos there?
Earl HoweMy Lords, it is open to a local authority to make a charge to a commercial undertaker by agreement with that undertaker. Some authorities do that and others do not. It is a matter for private negotiation between the two parties. The point raised by the noble Lord, Lord Tordoff, is an understandable worry. That is why the New Roads and Street Works Bill gives the Secretary of State reserve powers to bring forward a scheme of charges where the highway has been occupied for an unreasonable period. The first of any such regulations would be subject to the Affirmative Resolution procedure. The intention of such provisions would be to encourage work to be completed efficiently without penalising those who complete work within a reasonable period.
Lord MorrisMy Lords, can my noble friend say whether Her Majesty's Government have any intention of bringing forward such proposals; and, if so, when?
Earl HoweMy Lords, the Secretary of State will no doubt be influenced to introduce a scheme of charges if he were persuaded over a period that there was sufficient annoyance caused by the problem which cannot be dealt with by other provisions in the Bill.
§ Baroness Gardner of ParkesMy Lords, I thank my noble friend for the Answer; and I add congratulations to him from this side of the House on his first appearance at the Dispatch Box.