Part of Road Safety Bill – in a Public Bill Committee at 9:25 am on 1 February 2005.
Christopher Chope
Conservative, Christchurch
9:25,
1 February 2005
I take completely the opposite view. If someone chose not to accept the fixed penalty and went to court, there would, in the light of the decided cases, be no defence at all. The magistrates would have to find them guilty on the facts. To suggest that some sort of discretion might apply is to mislead the public. The Government are seeking to change the law so that an endorsement and a fine are mandatory in the circumstances we have described. That is manifestly absurd.
If we do not make it clear that that is not our intention, we will be deemed to be accepting that the same rules apply to the use of a mobile phone while driving, as in the case set out in 1969. That may seem a long time ago, but it is still the leading case regarding the definition of ''driving''. What the Minister said in our previous sitting, and some of what she said today, could mislead motorists into thinking that they will not be committing an offence if they use their mobile phone in a long traffic jam with the engine switched off and they have left the car. If we do not accept the Amendment, however, they will be committing an offence.
Unless the Government are prepared to come forward with another amendment to cover exactly that situation, members of the Committee should use some people power and common sense and support the amendment.
Question put, That the amendment be made:—
The Committee divided: Ayes 4, Noes 10.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
