Traffic Management (Northern Ireland) Order 2005

I too thank the officials, who have been extremely helpful to us as we considered these rather thorny questions. I shall speak for slightly longer than the noble Lord, Lord Glentoran. Although we have no objection to these measures in principle, we have questions about how the scheme will operate, primarily on accountability. As there are a number of questions, I do not expect the Minister to answer them all this afternoon. I shall be quite happy if he would like to reply later. How will this measure affect the traffic warden service currently employed by the Police Service of Northern Ireland? Will traffic wardens be redeployed to other duties that do not fall under this scheme at the moment? If the department decides to contract out, which it will do, what standards and criteria will it use to assess the credibility and ability not only of the third party, but of the people whom it employs? I understand the department will be responsible for them. There are also questions about the training that the individuals will receive. I understand, although I would like it confirmed, that because it will be country-wide—Northern Ireland-wide—arrangements will not vary across Northern Ireland; that the arrangements will be the same in every district. That would ensure that standards of training are comparable. How do we ensure that the quality of work is of a common standard? I mentioned to the officials the role played by the policing board of Northern Ireland to ensure that the chief constable, and all those who work for him, which at the moment includes traffic wardens, are effective and efficient. While I do not disagree with what the order proposes in relation to the attendants, I query the carrying out of those responsibilities. Who will carry out the review function if not the policing board? Article 3(4)(c) allows the department to prescribe other functions which may be carried out by traffic wardens. I wondered what the department may have in mind for that. How will such functions be prescribed and will they need to come before Parliament or will they merely be administrative decisions? Schedule 1 concerns contraventions that a traffic attendant can enforce. There is quite a list. I wonder whether that is an exhaustive list or whether the department envisages adding to it. Article 18 sets out the circumstances in which the department may immobilise a vehicle. The Explanatory Notes suggest that the regulations could include a specified number or level of debt that has to be reached before powers to immobilise can be employed. I wondered what other conditions might be in the regulations. Under Articles 21 to 28, the department will have the power to remove a vehicle and its contents and the power to dispose of a vehicle and its contents. Can the amount recoverable be varied by the department or would that need to come before Parliament, even as a negative instrument? Articles 29 to 31 set out the procedure and criteria for appointing adjudicators. While we welcome the provisions relating to the adjudicators and appeals and while the process looks rigorous and fair, we are pleased to see that a report will be published every 12 months on the discharge of the functions of the adjudicators. We look forward to examining those reports to ensure that the appeals process is indeed fair and effective. Article 32 changes the reference to ““institution”” in the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 to ““organisation””. On conviction, the offence is punishable by a fine not exceeding £1,000. Perhaps the noble Lord could remind me—it is a number of years since I was a magistrate in this country so I am a little out of date—how this fine compares with that of a similar offence in England and Wales. I would be happy to receive a written answer. I wondered whether the maximum is quite high. Article 38 deals with acquisition of land for purposes of functions of the department under this order. I am not sure what this means. What moneys have been put aside to acquire this as yet unspecified land? Finally, is the Minister satisfied that ordinary post is reliable enough for the service of documents under the order? Normally they are sent by registered post.