Schedule 7 - Repeals

Railways and Transport Safety Bill – in a Public Bill Committee at 10:00 am on 11th March 2003.

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Question proposed, That this schedule be the Seventh schedule to the Bill.

Photo of Anne McIntosh Anne McIntosh Shadow Minister (Transport)

I seek an assurance that the Government will not delete any further provisions from the Anti-terrorism, Crime and Security Act 2001.

I did not see the words ''of police'' when I read section 76(2)(a) of the Road Traffic Offenders Act 1988, but I assume that the Minister will confirm that that is the only change to that Act.

We have already debated whether, if oral swabs were to be added to the specimens taken for the tests under the alcohol provisions for both rail and sea, there would need to be a further amendment. From my understanding of the Road Traffic Offenders Act 1988, that could be done by statutory instrument. I am confused about why we have had to wait since 1988 for primary legislation; the Minister, however, might argue that it was 2002. Is the Minister saying that if road traffic provisions have to be amended to include the taking of specimens by other means than are currently used, that would be done by statutory instrument? Would we have to wait for primary legislation? I wish for oral swabs to be considered acceptable in certain circumstances.

Photo of Mr David Jamieson Mr David Jamieson Parliamentary Under-Secretary, Department for Transport 10:15 am, 11th March 2003

The schedule does no more or less than repeal those provisions of the existing legislation that are no longer required in light of the Bill. The

regulations under parts 4 and 5 would allow the maritime and aviation testing regimes to match any changes made to the road drink-driving test regime. The hon. Lady has raised the matter of different testing arrangements many times and we have handled it throughout the Bill. The legislation would be brought in through statutory instrument, if it were appropriate.

Question put and agreed to.

Schedule 7 agreed to.