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Session 2008 - 09 Publications on the internet General Committee Debates |
The Committee consisted of the following Members:Chris Shaw, Committee
Clerk attended the
Committee Public Bill CommitteeWednesday 17 June 2009[Mr. David Wilshire in the Chair]Driving Instruction (Suspension and Exemption Powers) Bill9.30
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 instructors
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 persons registration or (as the case may
be). See
Members 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
Members 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
Members explanatory statement for amendment
1. Amendment
5, in
clause 1, page 2, line 4, after
first section, insert 127(5)
or. See
Members explanatory statement for amendment
1. Amendment
6, in
clause 1, page 2, line 4, after
second section, insert 127(5)
or. See
Members 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 persons registration or (as the case may
be). This
amendment would provide for a suspension relating to an application to
extend an instructors 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 persons registration or (as the case may
be). This
amendment would provide for a suspension relating to an application to
extend an instructors 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 persons registration or (as the case may
be). This
amendment would provide for a suspension relating to an application to
extend an instructors 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
Members 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 persons 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 persons 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 persons registration or (as the case may
be). This
amendment would limit compensation so that, where the Registrar decides
to refuse the instructors 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
persons 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 persons name from the register were (or, in
the case of section 128(7E)(d), included) references to the refusal of
the persons application for the retention of the
persons name in the
register.. This
amendment would enable the Registrar to suspend a persons
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
persons 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 persons 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 Registrars decision has
taken effect) in section 131A(2)(b), were
omitted.. This
amendment would enable the Registrar to suspend a persons
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
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
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
instructors 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
Bills 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 teachers career. What safeguards are there to ensure that the
suspension process will not lead to such malicious accusations being
made and the disruption of someones career by unfounded
allegations?
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