Scotland Bill

Debate between Lord Sewel and Lord Cameron of Lochbroom

Tuesday 28th February 2012 Lords Chamber

[Lord Sewel]

I do not think the real issue in respect of penalties is about proportionality but to do with the type of case we have heard about from the noble Lord, Lord Steel, and my noble friend Lord Maxton, of the person living one side of the border who finds himself on the other side and commits what is an offence on that side but not on the other side. The imposition of the penalty then affects him where he is resident—he would lose his licence for the whole of the United Kingdom although he has committed no crime in England. That sort of situation will not enjoy public confidence.

[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—