Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)

We recognise the Government's attempt with amendment No. 295 to clarify what the clause stands for. We would go further. New clause 7 attempts to give greater clarity to what the Government intend. Either clause 121 should set out in detail the way in which personal licences are to be regulated, as has been done for operating licences under part 5, or the Secretary of State should issue a statement on the regulation of personal licences, following consultation.

A variation of a personal licence could result in imprisonment for an operator who is in breach of his operating licence due to a change in the personal licence under clause 30(1), and the defence of holding a valid operating licence will not be available. It is therefore critical that the provisions regarding personal licences are fully set out in the Bill, in order to comply with the Human Rights Act 1998 and the European convention on human rights.

An individual can also be liable to imprisonment for a breach of his personal licence under clause 132(4). That emphasises the need to ensure clarity in the Bill. Clause 121 attempts to sidestep important issues of detail by simply providing that the provisions regarding operating licences will be repeated unless otherwise amended by the Secretary of State. We believe that such an approach will lead to uncertainty as it will be impossible for those operating under the provisions to understand which will be modified and which will apply to personal licences. We believe that new clause 7 gives that clarity.

See this speech in context