Perhaps there is a slight confusion here. It might be my fault for not having explained the position with sufficient clarity. The criteria that we have in clause 2(2)(a) to (d) would be those used to fix the penalties for certain offences. The same would be the case in clause 3 for fixing the penalty points. Almost certainly, those will have to come back before the House for consideration in relation to secondary legislation, in which the criteria would be used to formulate the fine levels for certain offences.
I am sure that the hon. Gentleman would accept that if one tried to introduce, as he does in his amendment, different times of day and night for the enforcement of, say, camera-operated speed limits, that would create almighty confusion. It would be almost unenforceable. The criteria would not apply to such offences. They would apply to the formulation of the penalty but not, once it was fixed, to the penalty itself. Once the criteria are fixed, the discretion goes out of the window.