Clause 6 - Appeals
Vehicles (Crime) Bill
5:00 pm
Mr John Bercow (Buckingham, Conservative)
The Minister says that he is sucking his spectacles because he is taking precautions to avoid being bitten. I am sympathetic to that, and I believe that he will have struck a chord—or a raw nerve—with my hon. Friend the Member for Lichfield.
I am sorry that the Minister intends to resist. I do not want to make the point too strongly, but it is worth saying that there seems to be an element of inconsistency in the Minister's thinking about time periods for making representations, or, in the case of de-registration, the period over which cessation of trade has taken place. I mention that because, a few moments ago, almost in parentheses while developing his own argument, the Minister said that he thought that it was not sensible for the Opposition to propose different time periods. For example, although the Minister disagrees, we think that there are good reasons for suggesting that the 28-day cessation of trade resulting in de-registration should be extended to up to 60 days. On the other hand, I have argued in relation to registration of plate suppliers and to motor salvage operator that, where particulars that should be recorded in the register change over a period, it is reasonable to expect that an individual trader will notify the central authority of those changes, not, as the Government apparently expect, within 28 days, but within 14 days. There are arguments for those different time periods. The consistent theme permeating everything that we say is the need to ensure that the purpose of the Bill is made good. We want it to be effective, robust and consistent.
Nevertheless, the Minister was critical. What he is proposing is what we consider a relatively short, almost truncated, time scale, within which representations about refusal of registration, re-registration or a decision to cancel can be made. The period Ministers are commending to the Committee is a week shorter than that over which a cessation of trade would result in deregistration. The Minister might advance reasons for the differential time scales that he thinks are justified, by contrast with ours, in different contexts that apparently are not justified. I await the dexterous manoeuvring of the hon. Gentleman with eager anticipation. Our concern is to ensure that legitimate businesses can continue and that they are not summarily de-registered through a hasty and inadequate procedure that the availability of greater time would have enabled the central authority and the afflicted businesses to avoid.
I argued on Second Reading—and the point has been made on a number of occasions during the course of the Committee—that proprietors may be unable to conduct their business due to illness or because they are away from the country. The same could, of course, apply to the making of appeals. For that reason, we propose to allow the Secretary of State to extend the appeal period to avoid those legitimate businesses being removed from the register. As I have said on previous occasions, I would be interested in the views of other hon. Members on this point and in the response of the Minister.
Once again continuing, and now perhaps even reinforcing, my growing reputation for succinctness in these matters, I rest my case.