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Session 2008 - 09
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General Committee Debates



The Committee consisted of the following Members:

Chairman: Mr. David Wilshire
Brown, Mr. Russell (Dumfries and Galloway) (Lab)
Clark, Paul (Parliamentary Under-Secretary of State for Transport)
Connarty, Michael (Linlithgow and East Falkirk) (Lab)
Donohoe, Mr. Brian H. (Central Ayrshire) (Lab)
Gilroy, Linda (Plymouth, Sutton) (Lab/Co-op)
Goodwill, Mr. Robert (Scarborough and Whitby) (Con)
Hamilton, Mr. David (Midlothian) (Lab)
Holloway, Mr. Adam (Gravesham) (Con)
Hunter, Mark (Cheadle) (LD)
Knight, Mr. Greg (East Yorkshire) (Con)
Lancaster, Mr. Mark (North-East Milton Keynes) (Con)
Mundell, David (Dumfriesshire, Clydesdale and Tweeddale) (Con)
Osborne, Sandra (Ayr, Carrick and Cumnock) (Lab)
Rennie, Willie (Dunfermline and West Fife) (LD)
Roy, Lindsay (Glenrothes) (Lab)
Taylor, Ms Dari (Stockton, South) (Lab)
Chris Shaw, Committee Clerk
† attended the Committee

Public Bill Committee

Wednesday 17 June 2009

[Mr. David Wilshire in the Chair]

Driving Instruction (Suspension and Exemption Powers) Bill

9.30 am
The Chairman: Before we start discussing of the Bill, may I make a few comments? First, as Mr. Donohoe was anxious to know, of course everybody may take their jackets off if they feel the need to do so. Secondly, will those with a mobile phone either turn it off or put it on silent?
If anybody is tempted to try to table amendments at this stage, I must make it clear that I do not like late amendments, so I am unlikely to consider them. I remind you that there are money and ways and means resolutions on the table. Finally, having consulted with the interested parties on the Bill, I think that one way of dealing with it expeditiously would be to discuss the substance of the clauses when debating amendments to them. That way, I will not have to call stand part debates, unless anybody objects. I see no objections.
The Parliamentary Under-Secretary of State for Transport (Paul Clark): I beg to move amendment 1, in clause 1, page 1, line 9, after ‘section’, insert ‘127(5) or’.
This amendment would allow the Registrar to suspend an instructor while considering whether to refuse an application to extend the instructor’s registration, where the Registrar believes the instructor would pose a significant threat to the safety of members of the public unless suspended.
The Chairman: With this it will be convenient to discuss the following: amendment 2, in clause 1, page 1, line 12, after ‘considering’, insert
‘whether to refuse the application for an extension of the person’s registration or (as the case may be)’.
See Member’s explanatory statement for amendment 1.
Amendment 3, in clause 1, page 1, line 13, leave out ‘to terminate the registration’ and insert
‘so to refuse or terminate’.
See Member’s explanatory statement for amendment 1.
Amendment 4, in clause 1, page 2, line 3, after ‘section’, insert
‘127(5) or (as the case may be)’.
See Member’s explanatory statement for amendment 1.
Amendment 5, in clause 1, page 2, line 4, after first ‘section’, insert ‘127(5) or’.
See Member’s explanatory statement for amendment 1.
Amendment 6, in clause 1, page 2, line 4, after second ‘section’, insert ‘127(5) or’.
See Member’s explanatory statement for amendment 1.
Amendment 7, in clause 1, page 2, line 7, after ‘Registrar’, insert
‘decides not to refuse the application for an extension of the person’s registration or (as the case may be)’.
This amendment would provide for a suspension relating to an application to extend an instructor’s registration under s127(1) of the Road Traffic Act 1988 (‘RTA 1988’) to end where the Registrar decides not to refuse that application.
Amendment 8, in clause 1, page 2, line 8, after ‘decides’, insert
‘to refuse the application for an extension of the person’s registration or (as the case may be)’.
This amendment would provide for a suspension relating to an application to extend an instructor’s registration under s127(1) of the RTA 1988 to end where the Registrar refuses that application but the decision has not taken effect and the instructor successfully appeals it.
Amendment 9, in clause 1, page 2, line 11, after ‘decided’, insert
‘whether to refuse the application for an extension of the person’s registration or (as the case may be)’.
This amendment would provide for a suspension relating to an application to extend an instructor’s registration under s127(1) of the RTA 1988 to end where the Registrar fails to decide whether to refuse that application within 75 days of serving a notice under section 127(5) of that Act.
Amendment 10, in clause 1, page 2, line 13, after ‘section’, insert ‘127(5) or’.
See Member’s explanatory statement for amendment 9.
Amendment 11, in clause 2, page 3, line 13, after ‘Registrar’, insert
‘decides not to refuse the application for an extension of the person’s registration or (as the case may be)’.
This amendment would extend the circumstances in which compensation may be payable to those where the Registrar suspends an instructor pending a decision in respect of an application made under s127(1) of the RTA 1988, but then decides not to refuse that application.
Amendment 12, in clause 2, page 3, line 16, after ‘Registrar’, insert
‘to refuse the application for an extension of the person’s registration or (as the case may be)’.
This amendment would extend the circumstances in which compensation may be payable to those where the Registrar suspends an instructor pending a decision in respect of an application made under s127(1) of the RTA 1988 and subsequently decides to refuse that application, but the instructor successfully appeals that decision.
Amendment 13, in clause 2, page 3, line 19, after ‘Registrar’, insert
‘to refuse the application for an extension of the person’s registration or (as the case may be)’.
This amendment would limit compensation so that, where the Registrar decides to refuse the instructor’s application under s127(1) of the RTA 1988 and that decision is successfully appealed after taking effect, it may only relate to any suspension imposed in relation to the application.
Amendment 20, in schedule 1, page 7, line 13, at end insert—
‘2A After subsection (8) of section 127 of the Road Traffic Act 1988 (c. 52) (extension of duration of registration) insert—
“(9) Sections 128(7A) to (7G) and 131A apply in relation to suspending a person’s registration in connection with an application under subsection (1) above as if the references in sections 128(7A) to (7G) and 131A to—
(a) a notice under section 128(4) were references to a notice under subsection (5) above, and
(b) the removal of the person’s name from the register were (or, in the case of section 128(7E)(d), included) references to the refusal of the person’s application for the retention of the person’s name in the register.”’.
This amendment would enable the Registrar to suspend a person’s registration while considering an application under s127(1) of the RTA 1988 (as it currently has effect, without the substitution of that section by Schedule 6 to the Road Safety Act 2006). Provisions relating to compensation would also apply.
Amendment 21, in schedule 1, page 8, line 8, at end insert—
‘4A After subsection (8) of section 129 of the Road Traffic Act 1988 (c. 52) (as it has effect without the omission of that section by Schedule 6 to the Act of 2006) (licences for giving instruction so as to obtain practical experience) insert—
“(9) Sections 130(7) to (13) and 131A apply in relation to suspending a person’s licence in connection with an application for a new licence in substitution for a licence current at the date of the application as if—
(a) the references in sections 130(7) to (13) and 131A to—
(i) a notice under section 130(3) were references to a notice under subsection (7) above,
(ii) the revocation of the licence were (except in section 130(11)(d)) references to the refusal of the person’s application for a new licence, and
(iii) the decision not being in effect were references to the decision not being in effect because the licence has not expired, and
(b) section 131A(3), and the words “(whether or not the Registrar’s decision has taken effect)” in section 131A(2)(b), were omitted.”’.
This amendment would enable the Registrar to suspend a person’s licence while considering their application for a new licence in substitution for a current licence under s129 of the RTA 1988 (without its omission by Schedule 6 to the Road Safety Act 2006). Provisions relating to compensation would also apply.
Amendment 26, in schedule 2, page 9, line 35, at end insert—
‘Section 127(9).’.
This amendment is consequential on amendment 20. When the amendments to the RTA 1988 made by Schedule 6 to the Road Safety Act 2006 are brought into force, the transitory amendment of the RTA 1988 as it currently has effect will need to be repealed.
Amendment 27, in schedule 2, page 9, line 36, at end insert—
‘Section 129(9).’.
This amendment is consequential on amendment 21. When the amendments to the RTA 1988 made by Schedule 6 to the Road Safety Act 2006 are brought into force, the transitory amendment of the RTA 1988 as it currently has effect will need to be repealed.
Paul Clark: It is an honour to serve under your chairmanship, Mr. Wilshire, in debating this important Bill, which we are pleased to support. The amendments are necessary to enable the suspension power to operate effectively. The Bill as published makes changes to the regulatory scheme for driving instructors set out in the Road Traffic Act 1988. At present, there are two main categories of regulated driving instructors who are entitled to give paid driving tuition: fully qualified, approved driving instructors, who are registered; and partially qualified trainee driving instructors, who are licensed. Trainee instructors can give paid driving instruction in order to gain practical experience in giving instruction, with a view to taking the final examination to become a fully approved driving instructor.
Both registrations and licences are administered by the registrar of approved driving instructors, an employee of the Driving Standards Agency. At present, if it becomes necessary to revoke an instructor’s permission to give paid instruction, either by removing their name from the register or by revoking their licence, the registrar must follow the statutory processes set out in the 1988 Act. Those processes take 45 days or more to complete, during which time the instructor may continue to give paid instruction. In certain circumstances, that is inappropriate and dangerous, so the Bill will give the registrar the power to suspend a driving instructor, with immediate effect, while he completes the statutory process revoking their permission to give paid driving instruction. The hon. Member for Dunfermline and West Fife highlighted the issue when the Bill was introduced.
Mr. Greg Knight (East Yorkshire) (Con): Following on from what the Minister just said, will he confirm that he envisages that the Bill’s powers of suspension will be used only in the most serious cases?
Paul Clark: Absolutely. That is certainly the intention. The Bill states that the registrar should use the powers only accordingly and where he or she believes that it is a danger to the public for the person to be allowed to continue giving tuition while a case is investigated.
Michael Connarty (Linlithgow and East Falkirk) (Lab): The amendments are useful. Having come from the teaching profession, and having held the elected position of president of a region in Scotland, it is clear that, in that profession, there are such things as malicious accusations that can run for a considerable time and disrupt a teacher’s career. What safeguards are there to ensure that the suspension process will not lead to such malicious accusations being made and the disruption of someone’s career by unfounded allegations?
 
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