Disabled Persons’ Parking Badges Bill

Earl Attlee Excerpts

Friday 30th November 2012 Lords Chamber

[Earl Attlee]

My Lords, today’s Second Reading marks an important step in the reform of the blue badge disabled parking scheme and I thank my noble friend Lady Thomas for the excellent way in which she introduced her Bill. It has the full support of the Government.

As the noble Lord, Lord Macdonald of Tradeston, observed, Governments have long understood the need to reform the blue badge scheme. Until last year, very few changes had been made to the scheme since its establishment in the 1970s. I had an office near to that of Lord Morris of Manchester and I much enjoyed his company and wise counsel. Since coming to power, this Government have continued to work with disabled people’s groups and local authorities to develop improvements. The changes we have introduced are neatly complemented by the contents of my noble friend’s Bill, which in essence completes the reform package which has obviously been in gestation for many years. The noble Lord, Lord Touhig, suggested that cars involved in abuse should be crushed. That might be a bit draconian for this Government but if we did go down that route, I think the power should be invested in a Minister in the Government Whips Office.

Last year, the Government announced plans for reforming the scheme. Those plans were two-fold: first, to tackle rising levels of fraud and abuse; secondly, to ensure that badges are issued more fairly and consistently across the country. This would thereby ensure the scheme remains sustainable in the long term for those who rely upon it most. Given my background as a Territorial Army officer, I am delighted to see the provision in my noble friend’s Bill enabling the Armed Forces on UK bases overseas to apply for a badge, as this is about fairness and complements the Government’s aims.

The Government have made great strides in delivering reforms. Last year we amended regulations so that a badge can be withdrawn by a local authority following a relevant conviction for misuse. Previously, a local authority was obliged to obtain three relevant convictions before a badge could be withdrawn. That was unduly cumbersome. We have reduced that to one conviction to support local authorities in their attempts to stamp out abuse. In this context, the provision in my noble friend’s Bill to clarify existing offences relating to the wrongful use of parking badges is extremely important. Local authorities need to be clear about what constitutes an offence and what behaviour may be prosecuted.

More recently, on 1 January this year the Government introduced the Blue Badge Improvement Service. This is a major initiative aimed at tackling rising levels of fraud and abuse, while helping to ensure that disabled people receive improved customer service. I am delighted to say that every local authority in England has signed up to use it. It is a service that provides for online applications and, since it went live, over 800,000 badges have been issued. The local authorities use a central, secure print facility to supply and distribute badges and are able to make administrative savings by sharing services.

I am grateful for the kind words of the noble Lord, Lord Macdonald of Tradeston, when he described the system, which provides local authorities in England, Scotland and Wales with a single, national database of all blue badge holders and their key details, therefore preventing multiple and fraudulent applications. This new tool is a major step forwards in tackling fraud and the powers being proposed in this Bill—specifically, allowing inspections by officers in plain clothes and enabling on-street recovery of badges that are fake, cancelled or being misused—will enhance its value. Enforcement officers can run quick validity checks of badges on the street via their handheld devices and if a badge is forged, stolen, expired or being misused they will be able to take it off the offender to prevent further abuse.

The noble Lord, Lord Touhig, touched on the possibility of photocopying a badge. I assure him that the new badge is completely resistant to this type of fraud. Furthermore, since the new system went live the Government have built on the functionality available in the online form and members of the public can now report lost and stolen badges and any changes of circumstances online. This function will be enhanced by the new power proposed in the Bill enabling local authorities to cancel badges that are no longer in the holder’s possession, which means that on-street enforcement officers will have access to the most up-to-date information when interrogating the database.

To help counteract fraud, the Government have also introduced a new badge design that is harder to copy, forge or alter. The old-style cardboard badge has been replaced by a superb new badge made from a hard plastic material, which contains a number of overt and covert security features as used in banknotes and driving licences. As my noble friend Lady Thomas explained, the Bill has an important role here too by removing the need to prescribe the badge details in regulations. Already, people are attempting to make copies of the new badge and I am pleased to say that they are bad copies. However, we do not want to help those criminals by publishing the badge security details.

The noble Lord, Lord Dubs, talked about misuse of the blue badge. It is important to understand that there is a limitation on how much we can do. If we have too many badges in use, too many parking spaces will be used and we will devalue the badge itself. Of course, the same arguments apply to abuse. He also talked about the need to collect badges in person within six weeks. There is no requirement for this practice. It is for local authorities to decide their own arrangements. Some ask people to collect them to help ensure that they are delivered to the right people; some also take payment at that time. The noble Lord referred to signs and parking on yellow lines; my noble friend Lady Brinton also touched on this. Local authorities are required to put signs up explaining who can park there. All badge holders receive a rights and responsibilities leaflet, explaining about yellow lines. I am afraid that they may have to check the rules in their local area because local authorities have to manage their own traffic situation.

The noble Lord, Lord Dubs, also talked about towing and clamping. A vehicle displaying a blue badge must not be clamped but if the vehicle avoids clamping in circumstances where the badge was being misused, an offence is committed and the badge user could be prosecuted. The department advises local authorities that vehicles displaying blue badges should be removed only for emergency, security or ceremonial reasons, where the vehicle is a serious safety hazard or obstruction. However, local authorities may remove a vehicle displaying a blue badge if it is in contravention of a parking prohibition and a penalty charge notice has been appropriately issued. Depending upon the terms of the parking orders, contraventions could include circumstances where a blue badge is not valid or is being misused by a third party.

The noble Lord, Lord Dubs, also talked about parking bays. Broadly speaking, there are two types of on-street disabled persons’ parking bay. The first type is installed by local authorities who have powers under the Road Traffic Regulation Act 1984 to designate by order a parking place reserved for a disabled badge holder. If a disabled persons’ parking bay has been designated, it would be an offence for a non-disabled person to use the space. Contraventions can be enforced with penalty charges; the offender may also be prosecuted and be liable for a fine of up to £1,000. Disabled bays that are backed by an order take longer to implement, as their provision requires public consultation and objections need to be considered before they can be implemented. It can therefore take some considerable time for such bays to be installed, unlike advisory bays which can be given quick consideration. Their use, however, cannot be enforced by parking authorities. Such bays are marked out on the road surface and are often installed by local authorities in residential areas, where it is expected that neighbours will respect them.

Many noble Lords talked about off-street parking. There are no plans to apply the scheme to off-street parking or private land. The Government do not believe that they should impose a prescriptive regulatory scheme on car parks, which are very often privately owned. Where car parks are on private land and owned, for example, by a supermarket it is entirely a matter for the landowner to determine the terms and conditions by which that land may be used and how parking spaces may be allocated. However, I am sure that supermarkets would pay attention to the presence of a blue badge. The Equality Act already places a broad duty on providers of services, including car parks, to take reasonable steps to ensure that disabled people are not substantially disadvantaged compared to nondisabled people when accessing a service. This has implications for car park owners, who may have to demonstrate that as well as marking out disabled persons’ parking spaces they have taken reasonable steps to ensure that they are made available to disabled people. My noble friend Mr Norman Baker, the Transport Minister, wrote to the main supermarkets in March and September last year to encourage them to actively monitor and enforce their disabled bays.

The noble Lord, Lord Macdonald of Tradeston, asked about local publicity campaigns. The Government issue guidelines to local authorities recommending that they enforce a scheme and publicise activity locally, but it is of course a matter for local authorities as to how they do that.

The noble Lord, Lord Touhig, suggested that there is no incentive to hand back a badge if no longer needed. This is required in the legislation; local authorities can take action to recover a badge and the Bill would make it an offence to use a badge that should have been returned. Of course, the badge will have limited utility because if an enforcement officer uses his scanner, he will straightaway be able to see that the badge is no longer in effect.

The noble Lord, Lord Davies of Oldham, touched on public expenditure. The Bill is expected to have no impact on public service manpower and will impose no significant additional public expenditure. Use of the new powers by local authorities will be voluntary and badges could be recovered in the course of current routine enforcement patrols. Local authorities choosing to use the new powers could benefit from a reduction in lost parking revenue through better enforcement—and with the security features in the new badge, it will be much more efficient for local authorities to police it. There may be a minimal cost to the Government in issuing badges to eligible members of the Armed Forces resident overseas, but this could be offset by charging applicants the £10 fee payable by other badge holders.

The noble Lord, Lord Davies, touched on the problem of when a badge holder’s badge becomes out of date. The Blue Badge Improvement Service automatically notifies badge holders when their badge is due for renewal. The noble Lord also talked about parking tickets for expired badges. It is the responsibility of the holder not to display an expired badge. I have already touched on the benefits of the Blue Badge Improvement Service.

The noble Lord asked about appeals, and this is quite an important point. There is no formal appeal route to the Secretary of State when a local authority determines that an applicant is not eligible for a badge. However, local authorities may have their own appeal procedures. In addition, if the applicant believes that the regulations have not been applied properly, he may ask the Local Government Ombudsman to review his complaint. The Bill, as my noble friend explained when she introduced it, removes in England the limited right of appeal to the Secretary of State in cases where, for example, an authority requires the return of a badge or for reasons relating to the misuse of badges. Only one or two such appeals are made each year. It is an anomaly that, while local authorities administer the blue badge scheme, the Secretary of State for Transport is required to consider these appeals. The department is not best placed to consider these. In future the Local Government Ombudsman will review these complaints under existing powers. The ombudsman has the expertise of dealing with over 10,000 complaints per year.

During Questions last month I was asked by the noble Lord, Lord Wigley, about an appeal process for people who might lose their right to a badge following the introduction of the personal independence payment. If someone did not qualify for a badge via the PIP, they would be free to make a separate application to the local authority for a blue badge. If the authority assessed that the individual met the eligibility requirements set down in the regulations, they would still qualify for a badge. If the individual did not meet the eligibility criteria, it would be correct for the local authority to refuse to issue a badge. There is no formal right of appeal against a decision not to issue a badge but, if an individual feels that he has been treated unfairly or that the local authority has not properly applied the regulations, he may ask the local authority to reconsider and/or take his complaint to the Local Government Ombudsman.

If I have missed any important points, I will of course write in the usual way, as I am sure will my noble friend Lady Thomas. To conclude, the Department for Transport undertook a full consultation on the reform measures introduced by the Government and those in my noble friend’s Bill. The consultation showed widespread support for the changes, which are long overdue. I hope that the House will recognise the considerable benefits that the Bill will bring to disabled people who rely upon the blue badge scheme and to local authorities in their efforts to reduce fraud against public sector. To that end, I join my noble friend Lady Thomas in commending it to the House.