Select Committee on Select Committee on the Bournemouth Borough Council Bill [HL]
and the Manchester City Council Bill [HL] First Special Report



BOURNEMOUTH BOROUGH COUNCIL BILL [HL] AND
MANCHESTER CITY COUNCIL BILL [HL]


1.  The Bournemouth Borough Council Bill [HL] and the Manchester City Council Bill [HL] were introduced into the House of Lords on 22nd January 2007. The Bills, promoted by the district councils for the borough of Bournemouth and the city of Manchester respectively, relate to street trading. The Bills have five main purposes, namely—

(1)  to extend the scope of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 so that it enables each Council to regulate the provision of services on the street as well as the sale of articles;

(2)  to alter the exemption enjoyed by the holders of a pedlar's certificate from the street trading regime contained in the 1982 Act;

(3)  to empower council officers or police constables to seize articles, receptacles or equipment, in cases where they believe a street trading offence has been committed;

(4)  to allow the court to order the forfeiture of any article, receptacle or equipment which is shown to the satisfaction of the court to relate to the offence;

(5)  to enable council officers to serve fixed penalty notices in cases where they have reason to believe that street trading offences have been committed.

The provisions of the Bills are described in more detail in the explanatory memorandum which is attached to each Bill.[1]

2.  Those directly or especially affected by either Bill had an opportunity to voice their objections by presenting a petition against that Bill. Two such petitions were received[2]; one against each Bill. Mr Alexander Campbell-Lloyd petitioned against the Bournemouth Borough Council Bill and was represented before the Committee by Mr Robert Campbell-Lloyd. Mr David Murphy petitioned against the Manchester City Council Bill and was represented before the Committee by Mr Nicholas McGerr.

3.  The Bills were given a Second Reading, without debate, on 20th February 2007.

4.  The Select Committee on the Bill was appointed on 24th May to consider matters complained of in the petitions. One member was unable to attend the Committee meetings and a new member was appointed on 28th June. The members of the Committee were Lord Boyd of Duncansby, Lord Brougham and Vaux, Baroness Coussins, Lord Harrison (Chairman) and Lord Methuen.

5.  Both petitions presented against the Bills objected to the whole Bill. The Committee therefore considered both Bills in their entirety.

6.  No reports were received by the House from Government Departments other than those relating to the Bills' compliance with the European Convention on Human Rights.[3]

7.  The full transcript of proceedings before the Committee is available on the internet.[4]

8.  The Committee sat for two days, 3rd July and 10th July, to hear evidence and submissions from the Promoters and the Petitioners.

9.  The Committee wishes to express its thanks to those who appeared before them.

10.  The Committee's conclusions are that the Bills should proceed without amendment to Clause 5 but with the amendments as in the filled Bills. However, the Committee has strong reservations about the use of piecemeal private legislation to remedy perceived problems in national legislation. It considers that the Government should undertake an urgent review of the law on trading in the streets and selling from door to door with a view to producing national legislation which reflects current conditions. The Committee further require the Promoters of the two Bills to undertake that they will give particular attention to the training of officers who will be charged with the enforcement of this legislation so that genuine pedlars operating within this new legislation are not prevented from carrying on their trade.


1   Available from the Parliamentary Agents for the Bills, Sharpe Pritchard, Elizabeth House, Fulwood Place, London, WC1V 6HG or on the internet at:

Bournemouth Borough Council Bill [HL]:

http://www.publications.parliament.uk/pa/ld200607/ldprbill/003/003.htm

Manchester City Council Bill [HL]:

http://www.publications.parliament.uk/pa/ld200607/ldprbill/002/002.htm Back

2   These are available on the internet at: www.parliament.uk/about_lords/prbohol/pb0607.cfm#bbcbill Back

3   These are available on the internet at:

Bournemouth Borough Council Bill [HL]:

http://www.publications.parliament.uk/pa/ld200607/ldprbill/003/003rep.htm

Manchester City Council Bill [HL]:

http://www.publications.parliament.uk/pa/ld200607/ldprbill/002/002rep.htm  Back

4   The transcript of all of the Committee's proceedings is available at:

http://www.publications.parliament.uk/pa/ld/ldobcbm0607.htm

 Back


 
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