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Prevention of Homelessness
Mr. Sarwar accordingly presented a Bill to make provision about homelessness: And the same was read the First time; and ordered to be read a Second time on Friday 18 June, and to be printed [Bill 73].
DELEGATED LEGISLATION
Motion made, and Question put forthwith, pursuant to Standing Order No. 118(6)(Standing Committees on Delegated Legislation),
Social Security
- That the draft Social Security (Basic Skills Training Pilot) Regulations 2004, which were laid before this House on 12th February, be approved.
That the draft Social Security (Intensive Activity Period 50 to 59 Pilot) Regulations 2004, which were laid before this House on 12th February, be approved.
That the draft Social Security (Intensive Activity Period 50 to 59 Pilot) (No. 2) Regulations 2004, which were laid before this House on 12th February, be approved.—[Margaret Moran.]
EUROPEAN COMMUNITY DOCUMENTS
Motion made, and Question put forthwith, pursuant to Standing Order No. 119(9)(European Standing Committees),
Value Added Tax
- That this House takes note of European Union document No. 13853/03, Commission Communication on the review and update of VAT strategy priorities; and welcomes both the progress made so far and the United Kingdom Government's continued aim to ensure a fair, responsive and robust VAT system based on unanimous agreement amongst Member States.—[Margaret Moran.]
Orders of the Day
Traffic Management Bill
As amended in the Standing Committee, considered.
New Clause 11
Power to Inspect Blue Badges
'(1) Section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44) (badges for display on motor vehicles used by disabled persons) is amended as follows.
(2) In subsection (4B) after "a badge" there is inserted "purporting to be".
(3) After subsection (4B) there is inserted—
"(4BA) Where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be of a form prescribed under this section, he may require any person who—
(a) is in the vehicle, or
(b) appears to have been in, or to be about to get into, the vehicle,
to produce the badge for inspection.
(4BB) In subsection (4BA) "enforcement officer" means—
(a) a traffic warden;
(b) a civil enforcement officer (within the meaning of section 73 of the Traffic Management Act 2004);
(c) a parking attendant (within the meaning of section 63A of the Road Traffic Regulation Act 1984).
(4BC) The power conferred on an enforcement officer by subsection (4BA) is exercisable only for purposes connected with the discharge of his functions in relation to a stationary vehicle.
(4BD) A person who without reasonable excuse fails to produce a badge when required to do so under subsection (4BA) shall be guilty of an offence."
(4) In subsection (4C) after "(4B)" there is inserted "or (4BD)".'.—[Mr. McNulty.]
Brought up, and read the First time.
1.38 pm
The Parliamentary Under-Secretary of State for Transport (Mr. Tony McNulty): I beg to move, That the clause be read a Second time.
The new clause introduces a power for parking enforcement authorities to inspect disabled persons' parking badges, which we know as blue badges, to ensure that they are being used by those who are entitled to do so. My hon. Friend the Member for Milton Keynes, North-East (Brian White) tabled an amendment intended to cover this ground in Committee, where we undertook to consider how to introduce such a provision. I am delighted that we have been able to do so. Perhaps unusually, the measure had the acclamation of the entire Committee, which is why I am even more delighted, creature of consensus that I am, that we have been able to table this new clause.
The new clause addresses an issue that has been of great concern not only to those responsible for parking controls, who obviously have a particular interest in this area; significantly, it has also been of concern to many organisations of disabled people. Badge holders themselves want the disabled persons parking scheme to work effectively for those who need the concessions that it provides for their day-to-day mobility. Abuse of the
scheme by those who are not entitled to its concessions undermines its credibility, but such abuse can also have a direct and immediate impact on the mobility of disabled people. Car parking places reserved for bona fide badge holders could be blocked by those who display a blue badge but are not entitled to do so. As the House will understand, such abuse can virtually destroy the entire daily schedule of the disabled person concerned.The new clause will provide all those involved in the enforcement of parking controls with a power to require the driver or passenger—or anyone who they consider is returning to, or leaving, the car—to produce the badge for inspection. It restricts their exercising of that power to times when they are exercising their other functions. If a vehicle is displaying a parking badge but is not using the concessions that the scheme offers—for example, if it is parked in an area without parking restrictions—an enforcement officer will not be empowered to ask that the badge be produced for inspection. That is important to protect genuine badge holders from being targeted when they may have inadvertently left their badge on display.
Those required to produce the badge include the driver, the passenger or anyone who is seen to be leaving, or who is about to return to, the vehicle. So even when the disabled badge holder is not in the vehicle but the concessions are clearly being used, an enforcement officer will still be able to ask the vehicle's occupant to produce the badge for inspection.
In cases where someone unreasonably refuses to produce a badge for inspection, the clause creates an offence. Subject to conviction, a fine will be imposed not exceeding level 3, or £1,000. Guidance will be issued to enforcement officers and responsible authorities, advising them on the appropriate means of involving the police, so as to pursue a prosecution. We also intend that where a badge is not produced for inspection, the enforcement officer will treat that as a prima facie case of unlawful parking and issue a fixed penalty notice or a penalty charge, as appropriate. We do not need to provide for such circumstances in the Bill; the intention is that they will be covered in the guidance that we will produce for enforcement authorities and badge holders.
Mr. Greg Knight (East Yorkshire) (Con): A number of disabled people are concerned about what happens when the badge becomes partly obscured, perhaps because it moved while it was left in the vehicle; indeed, as a result of such an incident, many are given a ticket. If the badge is inspected and found to be in order and the disabled person is entitled to park where the car is parked, will the guidance make it clear that a ticket will not be issued if there is any possibility that such an incident might have been a mere accident?
Mr. McNulty: I undertake to make sure that, if need be, the guidance will make that clear. When it is clear that a perfectly legitimate badge has been obscured, my authority—and doubtless many others—rescinds such parking notices. But if guidance is needed I shall certainly take this issue on board.
On the subject of guidance, we will consult the relevant bodies representing local authorities, enforcement authorities and disability organisations,
including our statutory advisers, the Disabled Persons Transport Advisory Committee. The guidance will be published before the power is brought into force. This is an important issue that DPTAC has brought to our attention before, and we said that we would seek to legislate at the earliest opportunity.I am pleased that the Bill allows us to legislate on this narrow enforcement issue, and I anticipate that it will enjoy the support of the whole House. I hope that the House agrees that the new clause addresses a fundamental gap in the enforcement of the blue badge scheme, and that Members will support the Government in its introduction. It seeks to restore the scheme's legitimacy without allowing abuses, and I am grateful to my hon. Friend the Member for Milton Keynes, North-East (Brian White) and other members of the Committee for the way in which this issue was dealt in Committee. Although this measure is a small step in the wider scheme of things, in the context of making a substantive difference to the lives of disabled people, it has a significance far beyond that which we can grant it today. In that context of spirit, harmony and consensus, I commend the new clause to the House and hope to receive the House's acclamation for it, if not for myself.
1.45 pm
Mr. Christopher Chope (Christchurch) (Con): We welcome the new clause; indeed, in Committee we supported the previous new clause—new clause 23—when it was discussed. However, I have a couple of questions for the Minister. He mentions the recommendations of the Disabled Persons Transport Advisory Committee, of which the provision before us is a key example. Another issue of equal concern is when the Government will legislate to allow the issuing of blue badges for children aged under two who require the transporting of bulky medical equipment. That is a key issue—albeit for a small group of people—and I should be interested to know when the Minister will legislate on that recommendation.
Secondly, what happens when a person is asked to produce a badge for inspection by a traffic warden, civil enforcement officer or parking attendant, rather than a police officer, and the person of whom the request is made refuses to comply with it? According to the Minister's press release, such officials will have the power to inspect, but surely that is dependent on consent being given to inspection in the first place. How will it be possible to identify a person who refuses to allow the badge to be inspected, and what procedures for enforcement and penalties will flow from such a refusal?
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