Driving Instructors (Registration) Bill

Earl Attlee Excerpts

Friday 11th March 2016 Lords Chamber

Moved by

[Earl Attlee]

That the Bill be now read a second time.

[Earl Attlee (Con)]

My Lords, I am grateful for the privilege and the opportunity to bring forward this Private Member’s Bill. This is a simple Bill which makes amendments to the Road Traffic Act 1988 to simplify the registration of driving instructors. As part of my TA military service I qualified as an Army HGV driving instructor, and I have taught HGV driving both to military personnel and in civilian industry. I think I can safely claim that I know something about the subject. Nevertheless, I am under no illusions and I know that it would require a great deal of effort on my part to qualify as an approved driving instructor. Your Lordships should not underestimate the difficulty of becoming an ADI.

Put simply, the Bill will introduce two small deregulatory measures to update the current legislation to remove barriers that previously prevented driving instructors from voluntarily leaving the profession at a time of their choosing and returning to the profession when it is convenient for them to do so without having to retake their qualifying examinations.

As your Lordships may already be aware, professional driving instructors have been regulated since the 1960s to help ensure that people receive a minimum standard of training for taking the driving test. It is therefore unlawful for a person to conduct driving instruction for payment unless they are registered as an approved driving instructor. To become registered as an ADI, an instructor must take and pass a three-stage examination of theory, practical driving ability and, most importantly, instructional ability; and be a fit and proper person. Once qualified, ADIs are registered for four years.

Once their name has been added to the register it will remain there until registration expires at the end of four years or is extended. To get their registration extended, they must take and pass a standards check of their continued ability to deliver instruction. The only way that a person can currently be removed is if the registration runs out or if they are removed from the register by the registrar for conduct, competence or disciplinary reasons. Once an instructor has been removed from the register they can return only if they requalify by retaking the three-part examination.

The Bill provides two deregulatory measures to simplify the re-registration. The first simplifies the process for re-entry to the register of approved driving instructors if the registration has expired. It is proposed that those instructors who have been away from the profession for between one and four years, apart from those removed for conduct reasons, are allowed to rejoin the register by undergoing a standards check of their ability rather than to have to requalify via the three-part examination. This simplified process will make the return much quicker and more straightforward, as the time and effort for preparing for and taking repeat examinations can be used more effectively to get back into employment and earn a living. The simplified process will take on average around six weeks, as opposed to an average of 34 weeks for requalification.

ADIs operate mainly as sole traders and therefore fall under the micro-business definition of having fewer than 10 employees, so any cost savings will be beneficial. The proposals therefore accord with the Government’s commitment to help small businesses.

I want to assure the House that the Bill will not compromise standards. The standards check for rejoining the register is the same check as practising ADIs undergo to remain on the register and renew their registration.

The simplified route is not open to those have been removed from the register for disciplinary reasons. The Bill makes provisions to safeguard against any lowering of the standards and prevent misuse of the simplified route by instructors who would have been removed from the register to protect public safety. Those instructors will have to apply for re-entry via the existing route by undertaking the full, three-part examination.

The second measure allows a driving instructor to request voluntary removal from the register at a time of their choosing and to return at a later date under the simplified process. Current legislation allows only either for their registration to expire or for them to be removed for refusing to undergo a periodic standards check. If they refuse the standards check, it is recorded on their file as a disciplinary matter and could affect their joining the register at a later date. Allowing ADIs voluntarily to leave the register at a time of their choosing is only right. An ADI may wish to take a break from the profession for career, family or health reasons, and it is somewhat perverse that they are not able to do so without it being treated as a disciplinary matter if they have failed to attend the standards check because they are no longer practising.

There are examples where ADIs have contacted the registrar, who administers the register of approved driving instructors, to request voluntary removal from it as they are no longer practising due to raising a family or caring for an ill relative, or because they are unwell themselves. Being able voluntarily to leave and then return at a later date without having to requalify will remove barriers that are out of date with current work practices and help reduce any stress for the ADI concerned, especially if the break has been made necessary to undertake medical treatment.

I hope that I have set out the case today for adopting these two simple, deregulatory measures and that they will find favour with the House. I beg to move.

--- Later in debate ---

[Earl Attlee]

My Lords, I am grateful to all noble Lords who contributed to this short Second Reading debate. Under the Private Member’s Bill procedure, it is a fine judgment as to whether a question is for me or for my noble friend the Minister, but I can assure the House that we work as a close team and we know how we will work together.

The noble Lord, Lord Rosser, asked me about the benefits of voluntarily retiring from the register, given that you can get back on to it after a standards check by virtue of Clause 1. The fee is not an issue as it covers the four-year period of the registration. Subsequent four-year periods attract a further fee. The problem is the need for the standards check. The noble Lord also asked what stimulates a registrar into requiring a standards check.

I understand that there are two grades of pass for the standards check. If an instructor secures only a B-grade pass, he or she is good enough to practise but the registrar will want to ensure that the instructor has improved or is at least up to the required standard. Thus, another standards check will be indicated. The words “every few years” give the flexibility required. The registrar will also be aware of the instructor’s student pass rate and whether any complaints have been recorded against the instructor. This may also indicate a further standards check.

Clearly, if an instructor appears not to be too keen on taking a standards check, the registrar will be particularly concerned and will draw negative conclusions. Failure to take a standards check is regarded as misconduct, as I think we have already covered. This is unfair if the instructor has decided to stop instructing for perfectly good reasons, such as the ones I suggested earlier. I hope that that satisfies the noble Lord. I beg to move.

Bill read a second time and committed to a Committee of the Whole House.

Foreign Workers: Engineers

Earl Attlee Excerpts

Wednesday 10th February 2016 Lords Chamber

[Lord Bates]

I do not know about that—obviously, the measure was not in place at that time or for their nationality. What I do know at this time is that we are investing heavily in science skills in this country. We have new science A-levels, new university technical colleges and a new science and technology baccalaureate, and the number of apprenticeships in science and manufacturing is up 74%. I think that that would be welcomed on all sides of the House and by Brunel and Pugin, if they were around.

[Earl Attlee (Con)]

My Lords, the standing of a professional engineer in Germany is much higher than in the UK. What are the Minister and the Government doing to enhance the social standing of professional engineers in the UK?

Road Traffic Act 1988 (Alcohol Limits) (Amendment) Bill [HL]

Earl Attlee Excerpts

Friday 29th January 2016 Lords Chamber

[Earl Attlee (Con)]

My Lords, I am grateful to the noble Lord, Lord Brooke, for so expertly moving the Second Reading of his Bill, although I have some difficulties with it. When the noble Lord, Lord Adonis, commissioned the North report, I assumed that he had identified the next step of our road safety programme, which would be to lower the blood alcohol level, or BAC, for drivers. I thought that the report was to provide the necessary evidence for the changes. In the UK, we have a very good road safety record because successive transport Ministers of all parties—one of them, the noble Lord, Lord Whitty, is in his place—have followed the evidence, expertly analysed by officials, rather than taking a populist course of action, which is what the noble Lord, Lord Brooke, has suggested the Minister should do.

At the time, I thought that, if a BAC of 80 milligrams would damage the hospitality industry, so be it. However, I must tell the House that I cannot recall ever seeing an impact assessment on the effect on that industry. My understanding is that the Scottish Government had not done one before lowering their BAC limit. To this day, I have never received any briefing from that industry on this issue.

When my party got into government, I found that the advice from officials regarding North was rather more complex than I thought it would be. Will my noble friend the Minister confirm that the Government have implemented all the significant recommendations in the North report, apart from lowering the BAC?

My first point is that any alcohol intake at all will cause a deterioration in driving capability and skills. The Grand Rapids report referred to by the noble Lord, Lord Brooke, shows that the chances of having an accident increase alarmingly after 80 milligrams. However, there is no safe limit and the best advice is not to drink and drive at all. I hope my noble friend the Minister can confirm that this is his position.

Secondly, we have some data available from the STATS19 system and the coroner’s records. For those accidents where at least one driver was killed, a staggering 19% were over the limit of 80 milligrams. However, for these accidents, only 1.7% had at least one dead driver who was between the proposed new limit of 50 milligrams and the current limit of 80 milligrams. That is a very small slice. There are lies, dammed lies and statistics, but this rather suggests that the problem lies not with those who drive with an unwise and imprudent BAC level of between 50 and 80 milligrams, but rather with those drivers who are totally non-compliant. I refer to them as unregulated drinkers.

That is not to say that the noble Lord, Lord Brooke, is wrong. It is obvious that the Bill would reduce the BAC level of compliant drivers—a bit—which could produce a commensurate reduction in accidents. My fear is that the reduction will not be as great as hoped, since compliant drivers will already normally be driving with a BAC of less than 50 milligrams. If I am right, I do not think that it will take compliant drivers very long to find out that they do not need to reduce their intake much, if at all.

Thirdly, we have a problem with what I have termed unregulated drinkers. These people are often clinically dependent upon alcohol. They do not know how much they have drunk and they have no regard for the law, so the noble Lord’s proposal will have precisely no effect on them at all. They are also very hard to catch. I suspect that this is because they drive on minor roads for relatively short distances: my guess is three or four miles in a rural area and one to two in an urban area, but with a very high risk of having an accident. Noble Lords will realise that the window of opportunity for the police to detect such drinkers is very short, apart from in the event of an accident. If we have a formal Committee stage, I am tempted to run an amendment about permitting the police to instigate random breath tests, if that is what they want to do to solve their problems.

Fourthly, this change would have some resource implications. First, I am told that all the evidential breath test equipment would have to be recertified and recalibrated. I do not find this a convincing reason for not making the change. But secondly, and rather more persuasively, a considerable amount of police time could be tied up processing drivers who get caught by the new limit. Of course, this might not be the case if, in fact, even today few drivers drive with a BAC of between 50 and 80 milligrams.

My fifth point is looking around the corner. We are very careful not to let drivers know how much they can actually drink while remaining compliant. One good reason for this is that we know that there is no safe limit. Another is that, if drivers knew what their intake limit was, they might be tempted to go closer to it. This could mean that, on average, drivers would consume a bit more and therefore, on average, have more accidents. It is possible that law-abiding motorists might use their own breathalysers to ensure compliance with the new and lower limit. This could result in an increase in average intake and, therefore, the accident rate. I hope that I am wrong.

The noble Lord, Lord Brooke, pointed to lower limits in other EU countries, but, with the exception of Sweden, they do not have as good a road safety record as we do and in any case, as the noble Lord well knows, they have different penalty regimes. However, Scotland will provide us with an almost-perfect laboratory. There will be the same enforcement regime as in England because they cannot change the penalties, but a lower BAC. After three or four years we will get the stats and data from Scotland, which will tell us which way to go.

The Library Note suggests that compliance has improved by 12.5 %. I am bound to say that that is a rather disappointing figure, but unfortunately consistent with my analysis. It will take time for properly analysed statistics to be available, but if they show a significant improvement then we should consider following the Scots. In the mean time, my counsel to the Minister is to leave the BAC alone and concentrate on eliminating unregulated drinkers.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I congratulate and thank my noble friend Lord Brooke of Alverthorpe for bringing forward the Bill. He has been a marvellous campaigner on this subject for a long time. It is a shame that the Government have not taken action, especially given what my noble friend said about their knowledge of the extra risks of people driving with a BAC between 50 and 80 milligrams.

We increasingly stand alone internationally by retaining the 80 milligram rather than adopting the 50 milligram figure. It is now just Northern Ireland, England, Wales and Malta in Europe that stick at 80 milligrams. In fact, four EU countries have a limit of zero. Indeed, proud Welsh girl that I am, I have to take my hat off to the Scots, who have done the deed—and the sky did not fall in. In fact, as the noble Earl, Lord Attlee, said, there has been a 12% drop in offences, while eight in 10 Scots believe that drinking any alcohol before driving is unacceptable.

This is always a difficult subject for me to discuss, as, a day short of my 10th birthday, I lost my mother because of a drunk driver. Who knows, she might have been saved and lived had she been wearing a seat belt. In those days, of course, they were not even fitted, much less compulsory. However, as a result of endless campaigning, and finally an Act of Parliament—in both of which my noble friend Lord Robertson of Port Ellen played a key role—the law was changed with regard to seat belts. Now, we would not think of driving without wearing one. That is what I want to see happening with regard to drinking and driving—I want it to be unthinkable. A step towards that is to reduce the limit because we know that that will reduce the number of accidents. I think we have done with campaigning—just as we did in relation to seat belts before we brought in the relevant law. It is time to make the change.

I pay tribute to those who have campaigned on this issue, not just my noble friend but organisations such as the Campaign Against Drinking and Driving—CADD—set up to help the families of those bereaved through drink-driving, the Livia Trust and others who campaign for safety on the roads. We owe it to them, to those who have lost loved ones, but also to those who have been injured through someone driving after drinking, such as the Paralympian, Simon Richardson, to make this change.

For myself, I could, being a moderate person, live with this measure being introduced gradually, perhaps initially for drivers under the age of 21—as we know, they are overrepresented among the fatalities—or, perhaps drivers in their first two years after passing their test, or while holding a provisional licence; but start we must. Fifteen per cent of deaths in accidents involve at least one driver over the limit. Those are tragic but avoidable figures. In 2013 there were 250 deaths and 8,000 injuries, 1,000 of which are very serious, due to somebody driving after drinking. Would we accept so many deaths due to any other cause and do nothing about it?

Clearly, as has been said, lowering the limit is not all that is needed. We also need enforcement and publicity for real change to be made. However, a reduction to 50 milligrams would make a difference. As my noble friend said, that reduction is supported by more than three-quarters of the population. We know that at 80 milligrams, drivers are six times as likely to die in an accident as those who have not drunk at all. This is partly because, even if they do not cause the incident, they are less likely to be able to avoid a dangerous incident after they have been drinking. We are well aware that there is a direct relationship between the amount that is drunk and the ability to function behind the wheel. Even between 20 and 50 milligrams, drivers increase their chance of an accident threefold. Up to 80 milligrams, the risk increases sixfold, and up to 100 milligrams, they are 11 times as likely to have an accident. Therefore, reducing the legal limit would lower the number of accidents and improve road safety for all of us.

We, of course, are not the first to call for this, nor are we the only people who support this change. My noble friend Lord Brooke reminded us of the North report of 2010, which estimated that a reduction to 50 milligrams would save 100 lives a year. That is two a week. Those are real lives: they matter. The noble Earl, Lord Attlee, said that of the people who died, only one was between the 50 and 80 milligrams level.

[Earl Attlee]

My Lords, only 1% were between 50 and 80 milligrams, compared with the others.

[Baroness Hayter of Kentish Town]

It is even more than that in terms of people and human lives, and when you think of the families affected. Surely that makes the case for us to make this change. As has been said, the Local Government Association has said that about £300 million a year could be saved in police, hospital and ambulance costs. That is without taking account of the costs to families. However, it is not just a question of victims. When I started to campaign on this issue for obvious reasons a long time ago, I was worried about the organisations representing drivers. In fact, the AA, the RAC, the Chief Fire Officers Association, the Police Federation and the Road Haulage Association all support this change. Let us listen today to the victims and to my noble friend Lord Brooke and, for once, not take the advice of the noble Earl, Lord Attlee, and give this Bill not just a Second Reading but our wholehearted support.

Identity Documentation

Earl Attlee Excerpts

Thursday 14th January 2016 Lords Chamber

[Earl Attlee (Con)]

My Lords, I am grateful to the noble Lord, Lord Campbell-Savours, for introducing this fabulous debate.

In answer to the noble Lord, Lord Scriven, the problem is that we do not have one clean, reliable identity database. Can any noble Lord, or anyone inside or outside the Chamber, tell me why we get so excited about DNA profiling? My DNA profile is a matter of fact: I cannot alter it; it will not change with my age; it is not a choice that I have made. One of its beauties is that it can be boiled down to 70 characters of 16 groups plus a gender marker. This could be put on to a computer database which can easily be searched.

To verify every citizen’s identity à la the old ID card system is an exceptionally time-consuming, intrusive and expensive process, which is why it was binned in a former Parliament. It is also a pointless exercise because most citizens are honest and have a driving licence that is reasonably accurate. We have similar problems with Criminal Records Bureau checks because essentially they are trying to establish identity. We could give every citizen access to the driving licence system, even if they do not have the ability to drive, and then put more effort into cleaning up the relevant database. I agree with much of what my noble friend Lord Marlesford said because the advantage of the driver number is that it is easily determined from one’s name and date of birth.

But I would go further. I would capture the DNA profile and fingerprints of every UK citizen and link them to what is currently the driver number. The DNA profile would be loaded into the national DNA database with its current very strict access controls. The fingerprint data would have broadly the same availability as the data collected for the biometric residence permit, with some facility for banks and building societies to verify a card. One’s DNA profile and fingerprints are both matters of fact, and of course there is no need to carry a card because authorities can test fingerprints with mobile equipment. Having a card is simply a convenience; it is about the underlying reliable identity system.

Much more sensitive, I think, is who a citizen has been communicating with and where in the UK he or she has been, a point made by the noble Lord, Lord Harris of Haringey. I will deal with some of the most obvious DNA worries. The first is genetics. My understanding is that the DNA profile does not have enough information in it to identify a genetic disorder or predisposition to a particular illness. In any case, my second point is that the national DNA database will check only if a profile from a crime scene matches a subject profile. It will not generally provide a subject profile to law enforcement authorities or anyone else, and there is no need to do so.

My third point is that an innocent British citizen abroad would be disadvantaged if he is matched to a crime scene profile because the local law enforcement agencies could become lazy and think that they have “got their man”. Actually, the current system has this weakness. Let us take as an example a 25 year-old British lad on holiday who had been involved in a punch-up in the UK five years previously. He would be in the same unfair situation. This would not happen if all UK citizens were on the database without any discrimination. In the event of a nasty incident with a crime scene DNA profile available, it would not be so remarkable if a Brit matched the crime scene profile.

Finally, there is the argument that central government is incapable of managing a big IT system. The fact is that the Home Office is successfully managing the DNA database. As I understand it, only around 40 officials can actually access it, and presumably there is only one normal point of access, while the records hardly ever need to be edited or updated because of their nature; they are matters of fact that do not change. That is rather different from other records such as health records. In my view, public and political opinion on the use of DNA profiling is governed by fear and misunderstanding rather than logic. We should give all citizens a reliable system of identity rather than go for an intrusive and bureaucratic process of trying to verify everyone’s ID.

Airport Capacity

Earl Attlee Excerpts

Monday 14th December 2015 Lords Chamber

[Lord Kilclooney (CB)]

My Lords—

[Earl Attlee (Con)]

My Lords—

[Viscount Younger of Leckie (Con)]

I believe that it is the turn of the Conservatives.

--- Later in debate ---

[Earl Attlee]

My Lords, can the Minister now answer the question from the noble Lord, Lord Rosser? What has changed since the Government told the House that we would have a decision before Christmas? Or is it merely that the Cabinet as a whole lacks the moral courage to make the decision?

[Lord Ahmad of Wimbledon]

My noble friend has said something that I cannot agree with—and nor do I agree with it on principle. The Government have moved forward. We have agreed that airport expansion will take place in the south-east, and I am sure that he will acknowledge the importance of the environmental considerations. I said specifically that in the interim, on 26 November, we received a reasonable and full assessment from the Environmental Audit Committee and I quoted from its report. I commend the report to my noble friend, as he will see that we need to ensure that all the key environmental considerations are taken into account in making the final decision.

Trafficking: Children

Earl Attlee Excerpts

Thursday 15th October 2015 Lords Chamber

[Lord Bates]

The question of police funding will obviously be for the spending review on 25 November. There is a change to the formula there. We have made it very clear that this is a high priority. That is why the national policing lead is taking such a strong role on this. Significant amounts of training are already being done through the Crown Prosecution Service, but we will continue to keep that under review.

[Earl Attlee (Con)]

My Lords, what progress are we making in dealing with the problem of vulnerable children being referred into the care of a local authority but subsequently getting lost?

[Lord Bates]

We are looking at a number of issues, particularly with child trafficking advocates. The care of children, under the 1989 Act, continues to be at a very high level. We are looking at whether the appointment of child trafficking advocates alongside each child, to help them navigate their way through the many different services and the many situations they face, would help tackle the problem referred to by my noble friend.

Asylum

Earl Attlee Excerpts

Wednesday 16th September 2015 Lords Chamber

[Lord Ahmad of Wimbledon]

The Government adopt responsible measures and have taken a responsible attitude in addressing the issue of the migration crisis across Europe. On the noble Baroness’s assessment of the Dublin convention, she is correct: that does stand.

[Earl Attlee (Con)]

My Lords, does the Minister remain convinced that we should keep out of the Schengen area?

[Lord Ahmad of Wimbledon]

Evidence suggests that that was a very sensible thing to do.

Airports Commission

Earl Attlee Excerpts

Monday 7th September 2015 Lords Chamber

[Lord Ahmad of Wimbledon]

The noble Lord is quite right. I agree with him that this has been a detailed report, which the previous Government, under the current Prime Minister, commissioned in 2012. The report has been received, and I am sure the noble Lord would agree with me that it is time now to give the detailed report considered opinion. It is quite right that there should be a sub-committee of the Cabinet to take this decision forward. I reiterate the point that the Prime Minister has made quite clear: a decision will be made by the end of the year.

[Earl Attlee (Con)]

My Lords, does the Minister recall that I spent the first two years of the last Parliament dodging this very issue? The reason was the helpful policy input from the Liberal Democrat party. Does the Minister recognise that the Government really will have to make a decision on this matter this year?

[Lord Ahmad of Wimbledon]

I would never accuse my noble friend of dodging anything. If he did so that was his assessment; I thought he handled questions in this respect very ably from the Dispatch Box. I reiterate that the Government—and indeed the Prime Minister—have made it clear that a decision will be made and it will be made by the end of the year.

Railways: Swansea to Paddington

Earl Attlee Excerpts

Wednesday 22nd July 2015 Lords Chamber

[Lord Ahmad of Wimbledon]

As a general principle in life, it is often good to pause and reflect. I suggest to the noble Lord that it is something he should sometimes deploy. We have asked Sir Peter Hendy to look into the whole issue and the challenges that have arisen around electrification. He will report in the autumn and, after he does, I am sure we will return to this subject. As for the northern powerhouse, the plug is truly in and the switch is turned on.

[Earl Attlee (Con)]

My Lords, is it not something more to do with lack of engineering capacity, because we have not done very much electrification in recent years, until this Government came into office?

[Lord Ahmad of Wimbledon]

My noble friend speaks from great experience on these matters, not least because he has spoken from this Dispatch Box on the issue of skills. I am delighted that that is one of my specific portfolio responsibilities at the Department for Transport. As noble Lords will know, we have already established the Tunnelling and Underground Construction Academy, which I visited only last week, an incredible investment that has come out of the Crossrail project. Later this year, I will be joining the Secretary of State for the opening of the National Training Academy for Rail. Britain has some great challenges as far as the skills agenda is concerned. It is certainly this Government’s view that we not only meet the skills challenge domestically but establish institutions to provide for skills abroad as well.

Mediterranean: Migrant Trafficking

Earl Attlee Excerpts

Tuesday 14th July 2015 Lords Chamber

[Lord Bates]

I am very happy to give our support to that. We give our support to the European Asylum Support Office which has locations in Greece, Cyprus, Bulgaria and Italy. In fact, we are the largest provider of bilateral assistance to that organisation. What the church is doing is to be applauded. It is absolutely in keeping with the priority we see in providing these vulnerable people with the care they need.

[Earl Attlee (Con)]

My Lords, does the Minister agree that it is very important to concentrate on a long-term, upstream solution rather than purely on short-term solutions?

[Lord Bates]

My noble friend is absolutely right. Part of the issue is to deal with the immediate crisis and stop the deaths that are occurring in the Mediterranean, but there is a bigger part, which is how you build stability within these countries so that people do not have to embark on this perilous journey. That is why we are so proud of our overseas aid budget, which of course is the second largest, in cash terms, in the world.