I am most grateful to the Minister, but I think that the answer he has given to the Committee has missed the point. As I understand the amendment of my noble friend Lord Attlee, deferred disqualification does not come into this. Proposed new Section 28A (1) states:"““This section applies where—(a) a person is convicted . . . (b) penalty points are to be attributed to the offence and the court does not order him to be disqualified””."
When you reach 12 penalty points disqualification by the court is not mandatory, it is discretionary. So the situation we are considering is where the court might well disqualify, but a thoroughly sensible motorist who realises that this had all gone on for too long and that he had better improve his driving will come to the court and say, ““I will undertake a course””—and of course courses need to be provided—““if you will be prepared not to take away my licence at this point””. I cannot see any objection in principle whatever.
My noble friend Lord Attlee, has brilliantly drafted these long and complex clauses and it would not surprise me at all if the department did not want to have another go at the clauses. I very much hope that the Minister will be able to say that this is a thoroughly good idea, as, indeed, he was kind enough to say in principle that the department would look at the setting up of sensible courses of this nature and would seriously consider perhaps coming forward with its own clause to provide this opportunity, which I believe will be very valuable.
Road Safety Bill [HL]
Proceeding contribution from
Lord Lyell of Markyate
(Conservative)
in the House of Lords on Monday, 17 October 2005.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Road Safety Bill [HL].
About this proceeding contribution
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674 c636 Session
2005-06Chamber / Committee
House of Lords chamberSubjects
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