Licensing Act: 'it won't be delayed'

by John Harrington

Trade experts predict that a last-ditch bid by MPs to delay implementation of the Licensing Act has little chance of success.

Opponents of reform this week used an obscure parliamentary procedure called 'praying against' to force a fresh vote among MPs - and maybe peers - on plans to implement the Act on 24 November. The order setting the Act's starting date can be overturned within 40 working days of the new Parliament, which opened this week.

If enough MPs sign the Early Day Motion to delay implementation, the Government would be forced to set up a standing committee, or allocate time in the Commons, to debate the plan. If MPs vote for a delay, the Government would have to set a new start date for the Act. A total of 139 MPs had signed the EDM at the time of going to press.

A similar procedure would also take place in the Lords if a peer can be persuaded to 'pray against' the order to implement the Act on 24 November. The Lords could also force the Government to set a new start date for the Act.

Bizarrely, the order setting the Second Appointed Day as 24 November could be overturned after that date because it is within 40 working days of the first day of Parliament.

Liberal Democrat culture spokesman Don Foster, who is spearheading the bid, admitted that Labour's big majority in the Commons means the plan for delay has little chance of winning approval among MPs.

Foster said he plans to rally support for a delay among peers from all parties.

Morning Advertiser legal expert Peter Coulson said it would be 'most unlikely' that the bid would succeed. 'The Parliamentary majority for Labour is such that it wouldn't stand a chance. I think this is just sabre-rattling by the Lib Dems and the Tories.'

He added that peers would most likely agree with the Government that delaying implementation of the Act at this late stage would be damaging. It is also very rare that the Lords overrules the Commons, Coulson added.

British Beer & Pub Association director of communications Mark Hastings also expressed confidence that the bid would not succeed. 'The Government has an overall majority in the House of Commons and the House of Commons is where the key vote will be taken,' he said.