Road Safety Bill [HL]

In opposing the Question that Clause 4 stand part of the Bill, I seek further information from the Government. Clause 4 refers to Schedule 1, which will allow vehicle examiners from the Vehicle and Operator Services Agency, VOSA, to issue fixed penalty notices in respect of those offences for which they have enforcement powers. We debated that matter earlier. The schedule will also empower VOSA to deal with other matters connected to the operation of the fixed penalty system on behalf of the Secretary of State. The right of the recipient of a fixed penalty notice to request a court hearing would not be affected. In tabling these amendments, I hope that the Minister will be able to set out what the policy of the   department will be on the exercise of discretion on whether to impose penalties under the powers set out in the schedule. There is much concern that, as soon as we get into the fixed penalty regime, discretion will go out of the window. I hope that the Minister will assure us that it is not the intention of the department that every breach of any regulation that is governed by the schedule will   automatically result in the imposition of a fixed penalty and that common sense and discretion will be applied in generous measure. I wish also to ask the Minister about the mechanics of the handling of licences that must be endorsed. Can he give us some assurances about the time-scales in which those licences will be returned? The circumstances would be different if a penalty involved disqualification, but in the routine case of an endorsement someone might be without a licence for a fairly long time, which could be a serious problem for a professional driver. Perhaps the Minister will also explain why he thinks that making the change is a good idea. I think that we should be wary when more people are put in a position in which they can prosecute or penalise motorists because enough people can do that already. I want the Minister to tell us why he wants to add another group of people and not leave it to the tried and tested way of doing things. Furthermore, what supervision will there be of the people carrying out the measure? What standards will be set? I know that there is guidance but to what extent will someone who is not one of these inspectors be able to ensure that it is being followed? To what extent will someone be able to compare their practice with that used elsewhere, and, if necessary, will they have the authority to pull a person back into line with other people issuing fixed penalty notices? Obviously, one of the suspicions when an agency has the power to levy penalties is that it will be motivated to   do so to fund its own activities, as some people have claimed is the case with speed cameras—in short, a self-financing regulatory authority. I should be grateful if the   Minister would give an undertaking that VOSA’s operations will not be dependent on funding which it obtains from penalties that it imposes. That might give it an incentive to impose more penalties than is fair.