Clause 6 - Appeals
Vehicles (Crime) Bill
5:15 pm
Mr Michael Fabricant (Lichfield, Conservative)
I continue to disagree. This is most unusual because, certainly with regard to magistrates, the hon. Gentleman and I have often had common cause, particularly concerning the plight of magistrates courts in Staffordshire. None the less, I do not follow the logic of his argument, because I do not believe that it has logic.
The Secretary of State would not be interfering with the magistrates' decision. The amendment would simply enable the Secretary of State to say that the matter could go to the magistrates court for independent consideration. The two issues are separate. The first is whether a magistrate decides on appeal to allow re-registration. The amendment would extend the time limit by which an application can be granted so that a magistrate can hear the appeal.
Given that the period of 21 days in subsection (2) would not be altered, it would be inflexible, if not arrogant, of the Government to decide not to accept the amendment. As I have said, there is no obligation on the Secretary of State to extend the period. If he felt that the appeal for additional time was nonsensical or spurious, he could refuse it. To say that it must be 21 days and no longer under any circumstances seems unreasonable, particularly for small businesses or sole traders.