Scotland Bill

Lord O'Neill of Clackmannan Excerpts

Tuesday 28th February 2012 Lords Chamber

[Lord Cameron of Lochbroom]

As the debate continues, it seems we are missing something. If I think back to my days in the law, we had a book called Road Traffic Offences, which dealt with the whole substance of road traffic law, which included regulations in respect of licensing and also of course the issue of penalties. Here, we are, in part, trying to add on to a United Kingdom Act—the Road Traffic Act 1988 in one case, and the Road Traffic Regulation Act 1984 in another—little bits that will apply only to Scotland and which devolve power to make certain changes in the whole structure of road traffic law in that way. As an individual who has to obey the law, I would find it very difficult to find where to go to in order to understand what my obligations are in driving. Leaving aside the issue about licensing and the like raised by the noble Lord, Lord Sewel, the United Kingdom licence is a licence to drive anywhere—yet we are asking individuals throughout the United Kingdom to have regard to regulations made by two separate bodies, each with their own responsibilities, which are giving rise to a whole series of different and very difficult questions that have already been brought to mind in this debate. I wonder whether—

[Lord O'Neill of Clackmannan]

Before the noble and learned Lord leaves that point about two different jurisdictions, can he perhaps clear up for me the difference in relation to corroboration between Scotland and England? As I understand it, at the moment, because we have UK traffic legislation, only one policeman is required to provide evidence in an arrest. However, were Scottish legislation to apply and there was a different alcohol or speed limit, would that be subject to a different form of corroboration, since it came from Scots law rather than UK law?

[Lord Cameron of Lochbroom]

The noble Lord raises an interesting point. I would not wish to give any definitive opinion as it is a long time since I have had to deal with these matters. The noble and learned Lord, Lord Boyd, is probably better able to do so, as he has a more modern understanding of road traffic law as a recent Lord Advocate in Scotland. However, these questions arise over a whole series of issues apart from road traffic. We are getting into an area where I wonder whether the kind of devolving of powers that is being sought here is in fact creating more problems that it would do if the whole issue of road traffic legislation—instead of being under the Road Traffic Regulation Act 1984 or the Road Traffic Act 1988—were left as a separate Act that applies within the jurisdiction of the Scottish Parliament. That would be much clearer for members of the United Kingdom.