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3.45 pm
Amendment No. 11 is, I understand, intended to enable permit regulations to deal with highway authorities having to obtain permits for their own works and to record those on a permit register. Again, the amendment is unnecessary. The interpretation provision in clause 38(1) already makes it clear that the scope of "works" means that permit schemes can include works carried out under the Highways Act 1980. That covers a wide range of works carried out by highway authorities, including road maintenance works, construction of bridges and introduction of traffic-calming measures.
The regulation-making powers can enable those works to be subject to a permit scheme anyway, taking into account the unavoidably different considerations that apply in regulating the activities of public authorities and private companies.
We have asked the working group looking at permit regulations and guidance to consider how the works carried out by highway authorities can be incorporated within the scope of permit schemes. The aim behind permit schemes is to improve the management of all works in the street, including highway authorities' own works.
Amendment No. 12 would have such effect that a street authority could not give an undertaker a direction relating to the timing of one of its street works where a permit had already been issued for that works. Clause 36(8) provides that regulations made by the appropriate national authority may set out provisions that modify or disapply primary and subordinate legislation. Depending on the exact structure of permit schemes decided on in the light of consultation and the work of the working group, I would expect it to be necessary for the regulations to set aside certain sections of the New Roads and Street Works Act 1991, which set down how, where and when works can be carried out. That is needed to ensure, as the hon. Member for Christchurch suggested, that we do not duplicate controls in certain areas.
We have asked the working group to consider which existing legislation should be dealt with in that way. The power to make directions under section 56 of that Act may be one that we would want to set aside in cases where a permit has been issued. Again, that is a matter
for the working group to consider rather than for the Bill prescribe. The scope to alter provisions is appropriate and already in place.In view of my comments and the excellent contribution, by and large, from the right hon. Member for Bromley and Chislehurst, I am sure that Conservative Members feel able with confidence to withdraw the proposed new clause. As we suggested in Committee, the working groups that are bringing together local authorities, operators, utilities and other interests should put the real framework in place, so that we can take matters forward. I seriously ask the hon. Member for Christchurch to withdraw the new clause so that we maintain the consensus—shaky though it may now appear—that has driven us thus far on Report.
Mr. Chope: We have had an excellent debate and, as with that on new clause 1, it was all the better for the fact that the Liberal Democrats did not participate.
The debate centred largely on intellectual and philosophical purity. My right hon. Friend the Member for Wokingham (Mr. Redwood) and I are on one side of the argument; my right hon. Friend the Member for Bromley and Chislehurst (Mr. Forth) is on the other. My right hon. Friend the Member for Bromley and Chislehurst identified a paternalistic streak in me but in the past, a paternalistic streak was found in him—when my right hon. Friend was forced, probably against his intellectual judgment, to regulate activity centres following the Lyme bay tragedy, in direct response to a private Member's Bill presented by the hon. Member for Plymouth, Devonport (Mr. Jamieson). Neither my right hon. Friend nor I can say, much as we might wish, that we are absolutely consistent in our intellectual purity.
Mr. Forth: Surely my hon. Friend accepts that I was a Minister then. He is only in the Opposition now.
Mr. Chope: Is my right hon. Friend saying that he was a pressed man, whereas I am volunteering?
Mr. Forth: Something like that.
Mr. Chope: If that is the best mitigation that my right hon. Friend can put forward, I leave it to others to judge.
I am disappointed that my right hon. Friend did not highlight that the House is being bypassed by the vast range of regulation-making powers in the Bill—particularly in that part to which new clause 2 relates. Only a few days ago, a leading article in the Financial Times stated that regulation is the new clause IV. The Government are using regulation instead of nationalisation to achieve their objectives. The Bill contains an enormous number of regulation-making powers over which the House will have little control.
The issue is whether one believes in low taxes, be they transparent or imposed by stealth—though we are against stealth taxes. We want low taxation. We want to protect householders from the £55 per annum burden represented by part 3. The figures have not been dreamt up by me but are the result of careful analysis by the National Joint Utilities Group.
When we put the new clause to the vote, as we intend, those who support it will be voting on behalf of hard-pressed householders by saying, "We do not think that you should be burdened with an extra £55 a year on your utility bills." Those right hon. and hon. Members who enter the No Lobby will be saying that they are indifferent to those householders' plight.
Question put, That the clause be read a Second time:—
The House divided: Ayes 175, Noes 285.
AYES
Allan, Richard
Amess, David
Ancram, rh Michael
Atkinson, Peter (Hexham)
Bacon, Richard
Baker, Norman
Baldry, Tony
Barker, Gregory
Baron, John (Billericay)
Barrett, John
Bellingham, Henry
Beresford, Sir Paul
Blunt, Crispin
Boswell, Tim
Bottomley, Peter (Worthing W)
Brady, Graham
Brake, Tom (Carshalton)
Brazier, Julian
Breed, Colin
Brooke, Mrs Annette L.
Browning, Mrs Angela
Bruce, Malcolm
Burns, Simon
Burstow, Paul
Burt, Alistair
Butterfill, Sir John
Cameron, David
Campbell, rh Sir Menzies (NE Fife)
Cash, William
Chapman, Sir Sydney (Chipping Barnet)
Chidgey, David
Chope, Christopher
Clappison, James
Clarke, rh Kenneth (Rushcliffe)
Collins, Tim
Conway, Derek
Cotter, Brian
Cran, James (Beverley)
Curry, rh David
Davey, Edward (Kingston)
Davies, Quentin (Grantham & Stamford)
Davis, rh David (Haltemprice & Howden)
Doughty, Sue
Duncan Smith, rh Iain
Fabricant, Michael
Fallon, Michael
Field, Mark (Cities of London & Westminster)
Flight, Howard
Flook, Adrian
Foster, Don (Bath)
Fox, Dr. Liam
Francois, Mark
Gale, Roger (N Thanet)
Garnier, Edward
George, Andrew (St. Ives)
Gibb, Nick (Bognor Regis)
Gidley, Sandra
Gillan, Mrs Cheryl
Goodman, Paul
Gray, James (N Wilts)
Grayling, Chris
Green, Damian (Ashford)
Green, Matthew (Ludlow)
Grieve, Dominic
Gummer, rh John
Hague, rh William
Hammond, Philip
Hancock, Mike
Harris, Dr. Evan (Oxford W & Abingdon)
Harvey, Nick
Hawkins, Nick
Hayes, John (S Holland)
Heald, Oliver
Heath, David
Heathcoat-Amory, rh David
Hendry, Charles
Hermon, Lady
Hoban, Mark (Fareham)
Holmes, Paul
Horam, John (Orpington)
Howard, rh Michael
Howarth, Gerald (Aldershot)
Jack, rh Michael
Jackson, Robert (Wantage)
Jenkin, Bernard
Johnson, Boris (Henley)
Keetch, Paul
Kennedy, rh Charles (Ross Skye & Inverness)
Key, Robert (Salisbury)
Kirkbride, Miss Julie
Kirkwood, Sir Archy
Knight, rh Greg (E Yorkshire)
Laing, Mrs Eleanor
Lait, Mrs Jacqui
Lamb, Norman
Lansley, Andrew
Laws, David (Yeovil)
Leigh, Edward
Letwin, rh Oliver
Lewis, Dr. Julian (New Forest E)
Liddell-Grainger, Ian
Lidington, David
Llwyd, Elfyn
Loughton, Tim
Luff, Peter (M-Worcs)
McIntosh, Miss Anne
Mackay, rh Andrew
Maclean, rh David
McLoughlin, Patrick
Maples, John
Marsden, Paul (Shrewsbury & Atcham)
May, Mrs Theresa
Mercer, Patrick
Mitchell, Andrew (Sutton Coldfield)
Moore, Michael
Moss, Malcolm
Murrison, Dr. Andrew
Oaten, Mark (Winchester)
O'Brien, Stephen (Eddisbury)
Öpik, Lembit
Osborne, George (Tatton)
Ottaway, Richard
Page, Richard
Paterson, Owen
Pickles, Eric
Price, Adam (E Carmarthen & Dinefwr)
Prisk, Mark (Hertford)
Pugh, Dr. John
Randall, John
Redwood, rh John
Reid, Alan (Argyll & Bute)
Rendel, David
Robertson, Hugh (Faversham & M-Kent)
Roe, Mrs Marion
Rosindell, Andrew
Russell, Bob (Colchester)
Sanders, Adrian
Selous, Andrew
Shephard, rh Mrs Gillian
Shepherd, Richard
Simpson, Keith (M-Norfolk)
Soames, Nicholas
Spelman, Mrs Caroline
Spicer, Sir Michael
Spink, Bob (Castle Point)
Stanley, rh Sir John
Steen, Anthony
Streeter, Gary
Stunell, Andrew
Swayne, Desmond
Swire, Hugo (E Devon)
Syms, Robert
Tapsell, Sir Peter
Taylor, John (Solihull)
Taylor, Matthew (Truro)
Thurso, John
Tonge, Dr. Jenny
Trend, Michael
Tyler, Paul (N Cornwall)
Tyrie, Andrew
Viggers, Peter
Walter, Robert
Waterson, Nigel
Watkinson, Angela
Webb, Steve (Northavon)
Whittingdale, John
Widdecombe, rh Miss Ann
Wiggin, Bill
Willis, Phil
Wilshire, David
Winterton, Ann (Congleton)
Winterton, Sir Nicholas (Macclesfield)
Yeo, Tim (S Suffolk)
Young, rh Sir George
Younger-Ross, Richard
Tellers for the Ayes:
Mr. David Ruffley and
Mr. Geoffrey Clifton-Brown
NOES
Ainsworth, Bob (Cov'try NE)
Alexander, Douglas
Allen, Graham
Anderson, rh Donald (Swansea E)
Armstrong, rh Ms Hilary
Atherton, Ms Candy
Atkins, Charlotte
Austin, John
Bailey, Adrian
Baird, Vera
Banks, Tony
Barnes, Harry
Battle, John
Bayley, Hugh
Beckett, rh Margaret
Bell, Sir Stuart
Bennett, Andrew
Best, Harold
Blackman, Liz
Blears, Ms Hazel
Blizzard, Bob
Blunkett, rh David
Borrow, David
Bradley, rh Keith (Withington)
Bradley, Peter (The Wrekin)
Bradshaw, Ben
Brennan, Kevin
Brown, Russell (Dumfries)
Browne, Desmond
Buck, Ms Karen
Burnham, Andy
Byers, rh Stephen
Cairns, David
Campbell, Alan (Tynemouth)
Campbell, Mrs Anne (C'bridge)
Campbell, Ronnie (Blyth V)
Caplin, Ivor
Caton, Martin
Cawsey, Ian (Brigg)
Chapman, Ben (Wirral S)
Clark, Mrs Helen (Peterborough)
Clark, Dr. Lynda (Edinburgh Pentlands)
Clark, Paul (Gillingham)
Clarke, rh Tom (Coatbridge & Chryston)
Clelland, David
Coaker, Vernon
Coffey, Ms Ann
Coleman, Iain
Colman, Tony
Connarty, Michael
Cook, Frank (Stockton N)
Cook, rh Robin (Livingston)
Cooper, Yvette
Corbyn, Jeremy
Corston, Jean
Cousins, Jim
Cox, Tom (Tooting)
Cranston, Ross
Crausby, David
Cryer, John (Hornchurch)
Cunningham, Jim (Coventry S)
Cunningham, Tony (Workington)
Curtis-Thomas, Mrs Claire
Dalyell, Tam
Davey, Valerie (Bristol W)
David, Wayne
Davidson, Ian
Davies, rh Denzil (Llanelli)
Davies, Geraint (Croydon C)
Dawson, Hilton
Dean, Mrs Janet
Denham, rh John
Dhanda, Parmjit
Dismore, Andrew
Dobbin, Jim (Heywood)
Dobson, rh Frank
Donohoe, Brian H.
Doran, Frank
Dowd, Jim (Lewisham W)
Drew, David (Stroud)
Dunwoody, Mrs Gwyneth
Eagle, Angela (Wallasey)
Eagle, Maria (L'pool Garston)
Edwards, Huw
Ellman, Mrs Louise
Etherington, Bill
Farrelly, Paul
Field, rh Frank (Birkenhead)
Fisher, Mark
Fitzpatrick, Jim
Fitzsimons, Mrs Lorna
Flint, Caroline
Follett, Barbara
Foster, Michael (Worcester)
Foster, Michael Jabez (Hastings & Rye)
Foulkes, rh George
Francis, Dr. Hywel
Gardiner, Barry
George, rh Bruce (Walsall S)
Gerrard, Neil
Gibson, Dr. Ian
Gilroy, Linda
Godsiff, Roger
Goggins, Paul
Griffiths, Nigel (Edinburgh S)
Griffiths, Win (Bridgend)
Grogan, John
Hain, rh Peter
Hall, Mike (Weaver Vale)
Hall, Patrick (Bedford)
Hanson, David
Havard, Dai (Merthyr Tydfil & Rhymney)
Henderson, Ivan (Harwich)
Hepburn, Stephen
Hesford, Stephen
Heyes, David
Hinchliffe, David
Hodge, Margaret
Hoey, Kate (Vauxhall)
Hope, Phil (Corby)
Hopkins, Kelvin
Howarth, George (Knowsley N & Sefton E)
Howells, Dr. Kim
Hughes, Beverley (Stretford & Urmston)
Hughes, Kevin (Doncaster N)
Hurst, Alan (Braintree)
Iddon, Dr. Brian
Illsley, Eric
Ingram, rh Adam
Jackson, Glenda (Hampstead & Highgate)
Jackson, Helen (Hillsborough)
Jamieson, David
Jenkins, Brian
Johnson, Miss Melanie (Welwyn Hatfield)
Jones, Helen (Warrington N)
Jones, Kevan (N Durham)
Jones, Lynne (Selly Oak)
Jones, Martyn (Clwyd S)
Kaufman, rh Gerald
Keeble, Ms Sally
Keen, Alan (Feltham)
Keen, Ann (Brentford)
Kelly, Ruth (Bolton W)
Khabra, Piara S.
Kidney, David
Kilfoyle, Peter
King, Ms Oona (Bethnal Green & Bow)
Knight, Jim (S Dorset)
Kumar, Dr. Ashok
Ladyman, Dr. Stephen
Lammy, David
Lawrence, Mrs Jackie
Laxton, Bob (Derby N)
Lazarowicz, Mark
Lepper, David
Lewis, Terry (Worsley)
Liddell, rh Mrs Helen
Linton, Martin
Love, Andrew
Lucas, Ian (Wrexham)
McAvoy, Thomas
McCabe, Stephen
McCafferty, Chris
McDonagh, Siobhain
MacDonald, Calum
McDonnell, John
McFall, John
McGuire, Mrs Anne
McIsaac, Shona
Mackinlay, Andrew
McNulty, Tony
Mactaggart, Fiona
McWalter, Tony
McWilliam, John
Mahon, Mrs Alice
Mann, John (Bassetlaw)
Marris, Rob (Wolverh'ton SW)
Marsden, Gordon (Blackpool S)
Marshall, David (Glasgow Shettleston)
Marshall, Jim (Leicester S)
Merron, Gillian
Milburn, rh Alan
Miliband, David
Miller, Andrew
Mitchell, Austin (Gt Grimsby)
Moffatt, Laura
Mole, Chris
Moonie, Dr. Lewis
Moran, Margaret
Morgan, Julie
Morley, Elliot
Mountford, Kali
Mudie, George
Murphy, Denis (Wansbeck)
Naysmith, Dr. Doug
Norris, Dan (Wansdyke)
O'Hara, Edward
Olner, Bill
Organ, Diana
Osborne, Sandra (Ayr)
Owen, Albert
Palmer, Dr. Nick
Pearson, Ian
Pickthall, Colin
Plaskitt, James
Pollard, Kerry
Pond, Chris (Gravesham)
Pope, Greg (Hyndburn)
Prentice, Ms Bridget (Lewisham E)
Prentice, Gordon (Pendle)
Prescott, rh John
Prosser, Gwyn
Purchase, Ken
Purnell, James
Quinn, Lawrie
Rammell, Bill
Rapson, Syd (Portsmouth N)
Raynsford, rh Nick
Reed, Andy (Loughborough)
Robertson, John (Glasgow Anniesland)
Robinson, Peter (Belfast E)
Roche, Mrs Barbara
Rooney, Terry
Ross, Ernie (Dundee W)
Roy, Frank (Motherwell)
Ruane, Chris
Russell, Ms Christine (City of Chester)
Ryan, Joan (Enfield N)
Sarwar, Mohammad
Sawford, Phil
Sedgemore, Brian
Shaw, Jonathan
Sheerman, Barry
Sheridan, Jim
Short, rh Clare
Simpson, Alan (Nottingham S)
Singh, Marsha
Skinner, Dennis
Smith, rh Andrew (Oxford E)
Smith, Angela (Basildon)
Smith, rh Chris (Islington S & Finsbury)
Smith, Geraldine (Morecambe & Lunesdale)
Smith, Jacqui (Redditch)
Smith, John (Glamorgan)
Smith, Llew (Blaenau Gwent)
Soley, Clive
Squire, Rachel
Starkey, Dr. Phyllis
Steinberg, Gerry
Stevenson, George
Stewart, David (Inverness E & Lochaber)
Stinchcombe, Paul
Stoate, Dr. Howard
Strang, rh Dr. Gavin
Stuart, Ms Gisela
Sutcliffe, Gerry
Taylor, Dari (Stockton S)
Taylor, David (NW Leics)
Thomas, Gareth (Clwyd W)
Todd, Mark (S Derbyshire)
Touhig, Don (Islwyn)
Trickett, Jon
Truswell, Paul
Turner, Dennis (Wolverh'ton SE)
Turner, Dr. Desmond (Brighton Kemptown)
Turner, Neil (Wigan)
Twigg, Derek (Halton)
Twigg, Stephen (Enfield)
Tynan, Bill (Hamilton S)
Vaz, Keith (Leicester E)
Vis, Dr. Rudi
Ward, Claire
Wareing, Robert N.
Watson, Tom (W Bromwich E)
Watts, David
White, Brian
Whitehead, Dr. Alan
Wicks, Malcolm
Wills, Michael
Winnick, David
Woodward, Shaun
Woolas, Phil
Worthington, Tony
Wright, Tony (Cannock)
Wyatt, Derek
Tellers for the Noes:
Mr. Fraser Kemp and
Mr. John Heppell
Question accordingly negatived.
New Clause 4
Use of Bus Lanes
'Any motor vehicle with two or more passengers shall be entitled at any time to use any carriageway marked out as a bus lane.'.—[Mr. Greg Knight.]
Brought up, and read the First time.
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