PEDLARY IS UNDER THREAT

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9 February 2013 - Pedlar letter to Charles Hendry MP PDF Print E-mail

 

Pedlar Alexander [redacted] urged his MP Charles Hendry to support other MP's request for fulsome Parliamentary debate on pedlary.

 

9 February 2013

 

Dear Charles Hendry

 

Please add your voice to David Nuttalls petition to protect the Pedlars Act

 

I am your constituent - RH18 5BH.

 

I began my business career with an investment of £12.50 per annum.

For 10 years I grew that business through real life hard work trading as a pedlar wherever I lived in the UK.

At age 28 I understood my career orientation and self-funded my Chiropractic education at McTimoney in Oxford through pedlary.

Three years later together with my two brothers who were also self-funding through pedlary we established the building company [redacted] in Forest Row.

Business is good even though times are hard but I want you to take up my concern about current government policy.

 

Messrs Chope, Davies, Bone, Nuttall, Rees-Mogg fought an impossible battle for pedlary against a One-Line-Whip in recent weeks - Reading, Leeds, Notts and Canterbury bills.

In 2007 I petitioned in parliament at Select Committee against two private Acts Bournemouth & Manchester that relied on the Westminster precedent from 1999.

It was as a pedlar in Westminster Covent Garden that I launched my first business [redacted] which still runs as a family business today. 

My father from humble beginnings and knowing nothing about parliamentary process became a Roll B Parliamentary Agent to defend pedlars against private business.

For 7 years he has maintained dedication to this single cause, no longer only for his own family but for the silent majority that don't realise what this government proposes.

David Nuttall's dislike for the whipped vote last week asked for the following:

"May we please have a debate on the future of pedlary in the United Kingdom? During last night’s debate on opposed private business, the Under-Secretary of State for Business, Innovation and Skills, Jo Swinson, announced that the period for consultation on the proposed reform of the laws on pedlary and street trading was to be extended by a month. A debate would enable Members in all parts of the House to contribute to that consultation. Pedlars are the ultimate in micro-businesses, and we need to ensure that there is no danger of their being regulated out of existence". Hansard source (Citation: HC Deb, 7 February 2013, c428)

 

My children are approaching school age and I understand fully why you and the 48 million eligible people may have little or no understanding about why it is important for me as a father to ensure that the public liberty of pedlary will be available to them when they reach the age of 17.

Please don't try to reassure me with a copy & paste of civil servants spin to stakeholders that pedlars will be better off if the Pedlars Act is repealed.

Please don't accept BIS reasoning that they have to take this action because of the European Services Directive (SD) - there is an alternative interpretation.

Please be aware that civil servants misapplied erroneous interpretation of the SD by Section 45 of the Provision of Services Regulation 2009 making pedlars potential victims.

Please be aware that a pedlar is a SD 'service provider' - ie any self-employed economic activity. BIS failed to understand those 5 words and they now expect pedlars trust.

Please ask why BIS and Norman Lamb in June 2012 refused to include stakeholders amendments to enable Pedlars Act compliance with the SD.

If you have any doubt please read the SD and ask Andrea Leadsome about EC policy of Think Small First.

 

Phillip Davies reported in last weeks debate that the Principle of Touting was accepted by the OFT as in consumers best interests.

BIS in 2008 handed £87,000 to Durham University to research pedlary and found 100% endorsement by the public and 100% rejection of the notion of repeal.

 

Jacob Rees-Mogg identified that Touting is a matter of contract between two people - no different to Pedlary - in consumers best interests.

Baroness Knights committee on 4 private bills noted that the promoters sought prohibition of pedlary and made clear that council's role is not to determine what is fair or not fair competition.

 

As a businessman I can see advantage in restricting competition from others but it is constitutionally worrying when private business interests guide government to do the dirty work.

I have studied the effect of BIS policy and why it is illegal under the SD. I understand that a complaint has already been filed with the European Commission.

BIS attempt at de-regulation has come unstuck because pedlary is self-regulated ie there is no regulation, only allowance to trade any goods, any place, any time.

Pedlary is a liberty, a freedom - that's the Principle under attack by proposed repressive regulation by those who actually seek prohibition - by whatever mischief.

That is why pedlars have asked Vince Cable to withdraw the consultation URN12/605 & 606 as unfit for intended purpose to help 4-5000 pedlars.

 

When government hands every unemployed person a copy of the Pedlars Act and £12.50 to apply for a pedlars certificate perhaps then our economy will get started.

Will you please inform the Employment minister of this cost effective start-up that doesn't need re-inventing - just protecting.

 

I hope you will take this matter seriously.

For my children and the other 48 million who have this common law cultural right.

Please confirm a surgery appointment when I can find out how you intend to help those defending the principle of pedlary.

Yours sincerely

 

Alexander [redacted]

 

On 19 February Charles Hendry replied in blue and the pink text is Alexander's response - Charles Hendry did not respond again:

 

Dear Charles Hendry

I am shocked at your lack of care & attention to my email.

It is obvious that you do not read the content of a serious communication.

And you expect constituents to support you?

 

My response to your letter is in pink.

 

Please re-read my letter and do me the courtesy of a substantive response.

In case you want a quick summary of government policy (Bad Policy) and pedlars legislative proposals (Good Policy) please check this link:

 http://www.pedlars.info

 

I asked for a surgery appointment... sometime between Tuesday 26 Feb and Saturday 2 March please.

I await confirmation.

Yours sincerely

Alexander

 

On 19 Feb 2013, at 18:28, HENDRY, Charles wrote:

 

 

Dear Mr [redacted] 

Thank you for contacting me about street traders and pedlars.

Street trading forms an important part of traditional British culture, however, street traders and pedlars have to contend with outdated red tape what red-tape? that restricts what restrictions? their ability to trade, expand and grow please provide me with some evidence or explain how?.

At a time when the Government is doing it all can to back business and create growth it is right to consider all types of businesses and to look at how they can be better supported.

That is why the Government has launched a consultation to seek views on removing the Pedlars Act (1871), an archaic please explain what is archaic? law that requires pedlars to obtain a certificate once a year & 10 minutes work and pay a fee  £12.25 so what? for it, and to seek views on a clear have you ever read the Pedlars Act... what is not clear about it?, up to date definition of a pedlar the description of pedlary has withstood 315 years and is still as clear as the day it was written. As well as trying to make it easier for street traders and pedlars to trade not so... BIS is trying to push a policy of restriction with criminal sanction on pedlars by circumventing the Crown and extending agressive powers to local authorities under street trading regulation... you obviously aren't aware of what is happening? the Government is consulting no they are not... BIS is forcing and agenda without public consultation... I mean 48 million people above 17 who are affected by this policy to ensure that the street trading and pedlary regimes comply fully with the European Services Directive If you really believe that rubbish then the only way to convince you otherwise is to politely request that you actually read the Services Directive and study what is proposed... you will find that repeal of the Pedlars Act is not required and in fact infringes Article 1.5 of the Directive.

The consultation closes on 15 March 2013 and as with all consultations I would encourage those with strong views to respond as in your case via the following link:

www.bis.gov.uk/Consultations/street-trading-pedlary-laws

Thank you again for contacting me.

Yours sincerely

Charles Hendry

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