Clause 5 - The special powers of a traffic officer
Traffic Management Bill
3:30 pm
Mr Christopher Chope (Christchurch, Conservative)
I am grateful to the Minister for that clear exposition of why the Government have had to withdraw clause 6 and replace it with a new clause, and of amendment No. 60. Before I tabled a parliamentary question inquiring what powers of arrest traffic officers would have, the Government had not realised that they would have had powers of arrest that they did not wish them to have under the original draft of the Bill.
I have already indicated to you, Mr. Beard, and informally to the Minister that I will not be able to be present in Committee throughout this debate because an Adjournment debate that I called in Westminster Hall has been allocated the time between 4 o'clock and 4.30 pm, and if I am not there, I will not be able to argue about the problems of audiology services, particularly in my constituency. I hope that when I come back soon after 4.30 pm, the Minister will have been able to satisfy my hon. Friends in my absence
that the Government have thought through the contrast between the way that community support officers are being supported with a residual power of arrest that is not being given to traffic officers, even for a limited period in limited circumstances.
The Minister will know that community support officers have been given a power of arrest so that they can hold someone for up to half an hour pending the arrival of a police officer. A traffic officer might be the first on the scene of an incident on a motorway or trunk road and it might be obvious to him that somebody who has been driving a vehicle will not give his identity. Perhaps the officer suspects that he has stolen the vehicle or that he is an illegal immigrant; everyday occurrences, unfortunately, under the present Government. Is he really to stand idly by while the person concerned hops it over the motorway perimeter fence, pending the arrival of a police officer, or should he have the power, as a community support officer might do, to arrest somebody who does not give his name and address in circumstances in which the officer believes the person has committed an offence?
I put the question to the Minister because, unlike a town, city or village, a motorway is pretty inaccessible and police officers have to get access to the point at which the incident has taken place, which can take time. If the traffic officer were there already, would it not be sensible for him to have actual powers of arrest, albeit circumscribed? That is the main point that I wanted to get across in this group of amendments. The other amendments will be covered by my right hon. and hon. Friends. I am sure that when I return from having debated audiology services, an answer will be forthcoming from the Minister.