Clause 4
Local Transport Bill [Lords]
4:30 pm
Rosie Winterton (Minister of State, Department for Transport; Doncaster Central, Labour)
I would not like to imply that the hon. Gentleman had missed the point altogether, but I hope to give a little clarification that might assist him. The amendment, as he said, would extend to the 17 current deputy traffic commissioners the clearer powers under clause 4 to dismiss poorly performing traffic commissioners. As we discussed earlier, the competence with which traffic commissioners exercise their statutory duties can have a dramatic effect on individual operators. Delays in processing licensing applications or granting variations to existing licences can mean that new businesses cannot start, existing ones cannot expand or that business is lost perhaps with disastrous consequences for the livelihood of operators and their employees.
Currently, as we have discussed, and which will continue under the Bill, a traffic commissioner is appointed until retirement and can be removed from office only by the Secretary of State on the grounds of inability or misbehaviour. As I said earlier, the Government believe that such power is not explicit enough. For example, it does not make clear what inability means. It does not state whether it refers to those who do not have the professional expertise to perform their functions in a competent and proper fashion, whether it means someone who does not work efficiently or someone who is just unwilling to perform their functions to an acceptable standard. The Government believe that the power should encompass all such situations and that all commissioners must have the professional competence to carry out their functions and be properly accountable for ensuring that they do so in as efficient and effective way as possible. That is why we want clearer powers.
However, deputy traffic commissioners work on a part-time and pro rata basis. They are paid only for the work that they do, and they work only at the request of the full-time traffic commissioners usually when they have an enormous amount of work and need helping out with particular cases. Unlike the traffic commissioners, the deputies are appointed on fixed three-year contracts. In the case of poor performance, it is true that the Secretary of State can decide not to renew their contract or that another new deputy could be recruited to the area. It would be possible simply not to use the deputy traffic commissioner if it were felt by the traffic commissioner that they were not competent. That would not be at a cost to the public purse because deputy traffic commissioners are paid only when they work.
Under the other powers in the Bill, the senior traffic commissioner would have the power, for example, to use deputies from other areas to cover short-term needs until, if necessary, a replacement was found. We do not consider it necessary to have within the role of the deputy traffic commissioner the same powers and the same need to go through the dismissal process that applies to a full-time traffic commissioner. That would complicate matters. The position, as it rests at the moment, provides the necessary mechanisms to take appropriate action in respect of poorly performing deputy traffic commissioners. I hope that I have been helpful, have clarified the position and given the hon. Member for Wimbledon the reassurance that I expect he seeks.