– in a Public Bill Committee at on 3 February 2005.
Mr Peter Pike
Labour, Burnley
9:25,
3 February 2005
Before I start the proceedings, may I point out that we have got quite a lot of new clauses today? All of them should be reached, but that is in the hands of the Committee. Both this morning and this afternoon's sittings are time limited. There is no flexibility on that whatever.
Charlotte Atkins
Assistant Whip, Parliamentary Under-Secretary, Department for Transport
On a point of order, Mr. Pike. In the course of our debate on driving instruction on Tuesday 1 February, I responded, in column 255 of Hansard, to a request from the hon. Member for Caithness, Sutherland and Easter Ross (John Thurso) regarding possible loopholes relating to paid instruction. I would like to clarify that point.
Subsection (5) of the new section 123 contained in schedule 4 provides a definition of paid instruction, which covers payment other than in money and is largely based on some of the wording used in the existing section 123 of the Road Traffic Act 1988. We understand that some instructors have concerns about people offering driver training as part of selling other services such as car sales. I have no evidence of the scale of the problem, but the existing provisions in section 123(3) of the 1988 Act seek to prevent such a loophole. We have strengthened those provisions.
The provision in proposed new section 123(6) of schedule 4 allows for regulations to prescribe the circumstances in which instructions provided free of charge may be deemed to be paid instruction. That replaces the existing section 123 with a clearer provision and provides a mechanism to close any loopholes that may emerge.
Mr Peter Pike
Labour, Burnley
That was not really a point of order, but it was important to correct the record, so I accept it.
John Thurso
Shadow Secretary of State for Transport, Shadow Spokesperson (Culture, Media and Sport), Shadow Spokesperson (Scotland), Liberal Democrat Spokesperson (Transport), Liberal Democrat Spokesperson (Culture, Media and Sport), Liberal Democrat Spokesperson (Scotland)
Further to that point of order, Mr. Pike. I am grateful to the Minister for clarifying that point and putting it on the record.
Mr Peter Pike
Labour, Burnley
Thank you.
Greg Knight
Shadow Minister (Environment, Food and Rural Affairs)
On a point of order, Mr. Pike. I was surprised and rather alarmed to notice on page 110 on Ceefax, the BBC teletext service, a page under the heading ''The Government is planning to create tougher punishments for people who cause death by driving''. The page went on to say:
''The new proposals follow a review of the current Laws.''
You know, Mr. Pike, that Mr. Speaker has deprecated Ministers issuing press releases before statements are made to the House. To make matters worse, this news item has been spun by someone in the Government at a time when the House has set up a Committee—this Committee—specifically to look at those issues. Day after day we have had the opportunity to question the Minister, who has said not a word about the proposed new law. Is this not an insult to the House and a greater insult to the Committee, and should the Minister not be invited to apologise to us and make a full statement to explain precisely what on earth is going on?
Mr David Jamieson
Parliamentary Under-Secretary, Department for Transport
Further to that point of order, Mr. Pike. Any press release that may have been made has certainly not come from me or my Department. As we have explained during the Committee's proceedings, the Home Office has undertaken a review and is putting out a consultation paper on offences. I flagged that up and said last week that it would arrive during the next few days.
Perhaps the right hon. Member for East Yorkshire (Mr. Knight) has seen reference to a consultation paper that is due to be published today by the Home Office, and I hope that we shall have copies of it in the Committee shortly. It relates not to the Bill in any way, but to entirely separate issues that I flagged up previously, which are being dealt with by the Home Office.
Christopher Chope
Conservative, Christchurch
Further to that point of order, Mr. Pike. This is intolerable. When we discussed the Amendment that I tabled on the penalties for careless driving, and the results of careless driving leading to death, the Minister said that the matter was being dealt with by the Halliday review. I asked him when the Halliday review was going to report. He said that he did not know and that I should table a parliamentary question. I did so, and on 1 February I received a holding reply from a Minister in the Home Office, thereby implying that she did not know when the Halliday report was going to be published. However, obviously it was known. So I was fobbed off, despite the fact that that was a material issue for the consideration of the Committee.
Mr Peter Pike
Labour, Burnley
That is not a matter for the Committee. The hon. Gentleman has made a point and the Minister has responded. Any other matters relating to that are for the Floor of the House. We are even talking about a different Department. My responsibility is to see that the Bill makes progress.
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.
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.
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.