Part of the debate – in the House of Commons at 2:03 pm on 19 April 2024.
Jerome Mayhew
Conservative, Broadland
2:03,
19 April 2024
I extend my sympathy and that of the whole House to the family of David Gow. I have suffered personally as a result of the actions of quad bikes and motorbikes, although my experience pales into insignificance in comparison with the consequences that the Gow family have suffered.
Before I came into the House, I ran an outdoor leisure company that had 36 locations around the United Kingdom. We were building on a new site in an urban park in the north of England, but during the construction phase it was terrorised—that is the best way to describe it—by teenaged boys on quad bikes and motorbikes. They were 100% boys or young men, riding through the public park and, after the site was opened, frightening paying members of the public who were walking around. It led to concern, fear, including fear of injury, and increased cost. Security concerns at the site meant that 24-hour dog patrols had to be recruited to protect this perfectly legitimate leisure activity. In my newly formed Constituency of Broadland and Fakenham, I visited quite recently the premises of Matt Pope Motorcycles—I was actually there to help with an issue related to flooding—which sells off-road motorcycles. During our conversation, the owner talked about the risk of break-ins, and of theft of off-road motorcycles. In part that is because they are not registered and do not tend to have VIN numbers as other vehicles do, making them much more susceptible to theft, even from very legitimate sellers, such as Matt Pope Motorcycles. There is a significant problem here. I am very sympathetic to any legislation that we can collectively bring forward, or any progress towards legislation, to make it easier to discourage this deeply antisocial behaviour.
When we consider legislation, as we all do in this House, there is a very obvious two-stage test that we should apply. First we should ask: is the problem that we seek to solve due to a lack of powers for the enforcement authorities, or a lack of enforcement of powers by the enforcing bodies? If it is the former and not the latter, we move on to the next test, which is whether the legislation will solve the problem without doing more harm than good. We should apply that two-stage, common-sense test to every piece of legislation.
Let me turn to the first question: is the problem here the lack of powers for the police, or lack of enforcement of existing powers? I found two relevant sections in the Road Traffic Act 1988. The first is section 3, under which it is an offence for a person’s driving, including on motorcycles and quad bikes, to cause alarm, distress or annoyance to other pedestrians and road users. That is very straightforward. Section 34 deals specifically with off-road driving.
As an aside, Mr Deputy Speaker, one of the great pleasures of these Friday sittings is that the research we have to do in order to make speeches gives us quite a lot of insight into legislation. I now know, Mr Deputy Speaker, that you do not commit an offence if you drive off the road, but only if you do so within 15 yards of the carriageway and for the purpose of parking. It is also interesting that in 1988, the unit of measurement used in legislation was yards, not metres, yet we decimalised in 1971. That was a slight tangent, but it was something that just sprung to mind.
Turning back to my argument, we have the offences for the police to enforce. We see in section 59(3) of the Police Reform Act 2002 what the police can do once that offence has been committed. Section 59(3)(a) is the power to stop those miscreants, and section 59(3)(b) is the power to seize the vehicles, so the police already have the powers to stop and to seize. Section 59(3)(d) is the power to use reasonable force to do so. Section 59(3)(c) is the power to enter domestic premises to enforce those powers. If we take those in combination, it is pretty clear that this is a problem not of police powers, but of enforcement. The question is therefore whether the Bill would help to increase enforcement. There is a very substantial argument that it would, for the reason the hon. Lady gave, which is that many of us who are exposed to this antisocial behaviour would be willing witnesses to the offence, and could take down a registration number and supply it to the police. It is then an issue of the police acting effectively at beat manager level.
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