On Thursday, my hon. Friend the Member for Stoke-on-Trent, Central (Mr. Fisher) remarked on an interesting point relating to whether a driver is in control of a vehicle at traffic lights. It is important to retain flexibility when we interpret what is meant by ''driving''. The Department believes that it would be wrong to encourage people to think that they can use a mobile phone just because they have switched off their engine, perhaps at traffic lights. Clearly drivers must be alert to their surroundings whenever they are in control of the vehicle. We consider that the offence should apply at times when a driver has stopped but the vehicle can be expected to move off after a short while, as at traffic lights.

Some hon. Members suggested that a driver who is stationary for, say, 15 minutes should be allowed to use a mobile phone. That judgment is best left to the police and the courts. We cannot legislate for every eventuality, and an inflexible approach is likely to create more problems than it solves.

I also mentioned electric vehicles, which could give rise to the problem of whether an engine is off or on at traffic lights. I understand that hybrid vehicles, which combine an internal combustion engine and an electric motor, have the technology to switch off the engine to conserve power when travelling at very slow speeds or when stationary at junctions or traffic lights. It would certainly be inappropriate for somebody to circumvent the offence of using a mobile phone merely by claiming that their engine was switched off. I hope that in light of those comments the hon. Member for Christchurch (Mr. Chope) will withdraw his Amendment.