Clause 4 - Graduated fixed penalty points
Road Safety Bill [Lords]
4:30 pm

Photo of Owen Paterson

Owen Paterson (Shadow Minister, Transport; North Shropshire, Conservative)

Will the Minister clarify where we stand on the system of graduated penalties? This morning, he mentioned the guidelines produced by the Association of Chief Police Officers, which refer to an excess speed of 10 per cent. plus two that we should be reached before an offence kicks in, but we are debating these matters against the background of a spectacular increase in motoring offences. The latest figures that I have are for 2003, in which the number of motoring offences dealt with by the police in which a penalty was charged is 13.2 million, which is up 15 per cent. on the 2002 level and is the highest number ever recorded. I understand that that trend has continued, and that the number of motoring offences dealt with by fixed penalty notices, including those issued by traffic wardens, was 3.6 million, which is up 27 per cent. on 2002. There were 2.3 million court proceedings for motoring offences during 2003, which is up 9 per cent. on 2002.

Speed cameras, our friends of this morning, provide the evidence for 1.9 million offences that were dealt with—93 per cent. of speeding offences. There are now up to 5,000 camera sites and the number is growing. The result is that whereas there was previously some flexibility, there is now the rigidity of the camera system. The Government published what we thought was a consultation document, but we were told that it was a discussion document. In relation to the 30 mph limit, it was proposed that there would be a schedule of lower penalty points: two points plus a £40 fine at 39 mph, a standard penalty of three points from 40 to 44 mph and a higher penalty of six points at 45 mph.

Without rehearsing this morning’s arguments on penalty points, which were similar, I can say that we welcome the flexibility to allow for conditions. I am intrigued, however, by how the system will work if ACPO adheres to an excess of 10 per cent. plus two,   which I believe is sensible. Indeed, some major newspaper reports appeared over the weekend saying that some police monitoring devices are not accurate. It is therefore sensible to have some flexibility about the speed that is being prosecuted, aside from taking into account the circumstances.

We said in previous debates and in the House of Lords that we were not happy that proposed new subsection (3A) to section 28 of the Road Traffic Offenders Act 1988 states that all these matters will be decided in a separate debate on a statutory instrument. It would be better for us to have the debate now so that it is on the record and so that all the parties can hear the Government’s thinking.

The Government’s proposals have support outside the House. The RAC Foundation is a respected organisation that has a great deal of knowledge and which has done a great deal of research on the subject. It stated that while it appreciated that all speeding could be dangerous, it supported the graduated penalty system. It believes that the level of punishment needs to fit the crime, and that a range of penalty points may in fact discourage people from excessive speeding. The greatest reduction in road casualties would come from reducing the speeds of faster drivers—a point that we discussed this morning. The foundation states that there is no evidence to suggest that a graduated system would encourage motorists to drive just above the limit, as two penalty points are still a strong deterrent to speeding. So there is support from respectable bodies outside the House.

My party supports graduated penalty points because of the variability and flexibility that they give, but I would like a clear idea from the Minister as to whether he has a schedule in mind that might be debated at a future stage in a Statutory Instrument Committee. Would it not be better for him to debate it now and tell us how the ACPO ruling will affect it?

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