Mr David Heath (Somerton & Frome, Liberal Democrat)

I want to be absolutely clear about the grounds for appeal under clause 60 for a suspension of the disqualification. Under clause 59, the only grounds for appeal appear to be that section 57 does not apply. In other words, it is not possible to argue the correctness or otherwise of the facts of the original case or the verdict of a court that applied the original disqualification. The only matter is whether the disqualification exists and whether it falls within the context of clause 57

That does not appear to be the case under clause 60. Am I right or wrong? Clause 60 does not appear to have the same qualifications, so I presume that it opens a door to a person who is disqualified under clause 57 to have that disqualification suspended on any grounds, including the facts of the original case. If that is not right, where does it say that?

Mr David Jamieson (Parliamentary Under-Secretary, Department for Transport; Plymouth, Devonport, Labour)

I can give the hon. Gentleman the assurance that any appeal will not be on the substance of the case, but only on whether the process was duly followed.

Mr David Heath (Somerton & Frome, Liberal Democrat)

I am not clear where it says that in the Bill. It says simply that

''the court may, if it thinks fit, suspend the qualification.''

There is not any elaboration of why it should think fit to do that. As far as I can understand it, clause 57 does

not qualify clause 60 or the subsequent Scottish and Northern Irish provisions.

Mr David Jamieson (Parliamentary Under-Secretary, Department for Transport; Plymouth, Devonport, Labour)

To help the hon. Gentleman, I can jot him a line and get the legal definition tied up for him. I am assured that an appeal can be only on the process rather than the case, but if he wants to know the precise legal process in the Bill, I shall be happy to provide it.

Question put and agreed to.

Clause 60 ordered to stand part of the Bill.

Clauses 61 to 78 ordered to stand part of the Bill.