Local Transport Bill [HL]

moved Amendment No. 83: 83: Clause 112, page 85, leave out lines 43 and 44 The noble Earl said: The measures contained within the Bill to allow the DVLA to approach their foreign counterparts for details of drivers who have caused an offence in this country are to be welcomed. Our objection is only to a small part of this clause, which could have very significant implications if allowed to remain. Clause 112(3)(j) allows the Secretary of State to disclose information obtained relating to foreign-registered vehicles to a person whom the Secretary of State is satisfied has reasonable cause for seeking disclosure of the information. I draw the Committee’s attention to the Road Vehicles (Registration and Licensing) Regulations 2002, which similarly empowers the DVLA to make available information from the vehicle register to anyone who can demonstrate reasonable cause. The present interpretation of ““reasonable cause”” by the DVLA includes the release of information about a vehicle's keeper to private car park enforcement firms. The Security Industry Authority regulates parking enforcers working on private land by requiring anyone placing a clamp on a vehicle to be trained and licensed, and to pass criminal records checks. Enforcing by ticket rather than clamp means there is no need for staff to have an SIA licence as there is no need to apply a clamp as a means of enforcement. A firm that intends to enforce by issuing tickets can do so by setting up a digital CCTV system to record vehicles entering and leaving a car park; contacting the DVLA to obtain the owner's details of any vehicle they accuse of over-staying, or parking without permission; and issuing a penalty notice by post, often deliberately designed to resemble an official local council penalty notice. As no clamp is placed on the vehicle, there is no need for the firm to employ licensed, criminal-record cleared personnel. With minimal overheads, firms can offer their services at zero cost to landlords, potentially undercutting reputable companies which follow the British Parking Association's code of practice and putting them out of business. This business model is only possible because the DVLA makes its records available. It is unacceptable that this problem exists, and that motorists' confidential information can be passed on in this way to an organisation that is not a member of a reputable trade association. It is disappointing that the DVLA regards it as its legal duty to facilitate this. The ““reasonable cause”” loophole should be closed, and not extended to the provision of information regarding overseas motorists. This again brings me to the point on transparency. With regard to road charging, how are the public to trust the DVLA given its casual approach to privacy? I beg to move.