Scotland Bill

My Lords, I thank noble Lords who have taken part in this debate, which has given rise to a number of important issues. I share with the noble and learned Lord, Lord Boyd of Duncansby, his analysis of how the Calman commission went about its work. My noble friend the Duke of Montrose suggested that we were trying to deliver what the Scottish Executive wanted us to. If only the Scottish Executive had made any connection with the Calman commission—they studiously did not give us any evidence or indication of what they wished—their engagement might have been productive. As the noble and learned Lord, Lord Boyd, indicated, this was done on the basis of evidence. It was recognised by the commission that there are already different speed limits; there are already powers to set speed limits on local authority roads devolved to local highway authorities through road traffic regulation orders. They are free to use their knowledge and assessment of local roads and may set different speed limits of 20, 30, 40, 50 or 60 miles per hour where they think it appropriate. There was a view on drink-driving that it was part of criminal law, which is already devolved—but perhaps more importantly there are serious alcohol abuse issues in Scotland. I do not think that anyone is running away from them. The view was that this might be one other measure that could be part of how alcohol abuse could be tackled in Scotland. Before we get on to some of the more specific issues on speeding and drink-driving, I shall take up the important points that have been raised by my noble friends the Duke of Montrose and Lord Younger as well as the noble and learned Lord, Lord Boyd, on the highway code and the driving test. The amendments to which they spoke seek to ensure that provisions of the highway code reflect the content of regulations made by the Scottish Ministers on speed limits and the drink-drive limit under the powers devolved to them in the Bill, assuming that those powers are actually used and changes made. I fully agree that the highway code should reflect any changes made as a result of the powers being devolved, but it is important to note that there is no other legislation on the content of the code, either in the Road Traffic Act 1930 or in the supplementary provisions in Section 38 of the Road Traffic Act 1988. It would be disproportionate if the only specific statutory requirement on the content of the code were the few provisions in the Scotland Bill when there is no other such requirement to include any specific items of English, Scottish or Great Britain legislation. The code provides guidance, but it is not a comprehensive description of all road traffic legislation. However, I assure my noble friends that the mechanism exists to ensure that the highway code is accurately and adequately updated. It was referred to by my noble friend the Duke of Montrose that Section 38(2) of the 1988 Act gives the Secretary of State the power from time to time to revise the code by revoking, varying, amending or adding to the provisions in the code in such manner as he or she thinks fit. Section 38(3) places the Secretary of State under a duty to lay proposed alterations to the code, other than those that are merely consequential on the passing of an amendment or repeal of provisions, before both Houses of Parliament at least 40 days before she proposes to make the changes. Under Section 38(4), if the House resolves that the proposed alteration should not be made, the Secretary of State must not make the proposed revision to the code. Perhaps significantly, Section 38(5) of the 1988 Act states: "““Before revising the Highway Code … the Secretary of State must consult with such representative organisations as he thinks fit””." That would include the Scottish Government as was the case during the last major revision in 2005 to 2007.