Orders of the Day — Legislative and Regulatory Reform Bill

Part of the debate – in the House of Commons at 1:48 pm on 9 February 2006.

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Photo of Rob Marris Rob Marris Labour, Wolverhampton South West 1:48, 9 February 2006

Perhaps I have misunderstood the protections offered by the Bill, but I ask my hon. Friend to clarify the following point. Clause 3(2) lists the five protections to which he referred and clause 6 deals with criminal penalties. If we put the two together, it appears that a Minister could decide to increase the penalty for using a hand-held mobile phone while driving, for example, to 18 months' imprisonment. Such an increase would appear to be consistent with all five protections, and it meets the test under clause 6 because the period in question is less than two years. Many Members would regard increasing the current penalty for using a hand-held mobile phone while driving from three points on one's driving licence to 18 months' imprisonment as rather more than a regulatory reform, but, unless I have misunderstood the Bill, it gives a Minister the power to do that, albeit subject to the negative resolution procedure. Could that be done?