Disabled Persons’ Parking Badges Bill

Baroness Brinton Excerpts

Friday 30th November 2012 Lords Chamber

[Baroness Brinton]

My Lords, I, too, declare an interest as the holder of a disabled person’s parking badge. This Bill is an essential tool for the prevention and reduction of fraud and is long overdue, for many of the reasons that have been outlined by the noble Lord, Lord Dubs, and my noble friend Lady Thomas of Winchester.

Picking up on the point made by the noble Lord, Lord Dubs, on the abuse of space—which I have mentioned before in your Lordships’ House—there is a cultural issue in this country where people do not think that it is particularly upsetting, if there are lots of disabled spaces, to just nip into one briefly for a while. Compare that with France, where the major supermarket chain Leclerc has a little sign below each blue badge that says, “You take my space, you can take my handicap”. There is very little abuse of the system in France, and it is that cultural change that forces people to think about what they are doing that we need to get to in this country. In the mean time, we need to make sure that fraud and abuse of the system are reduced.

I, too, have looked at the web guide. In the main, I found it extremely helpful but I wondered if I needed to print out some of the 20-odd pages, particularly those on when you can and cannot use your badge on a yellow line. Having looked at it, I certainly could not memorise all the different strands. Perhaps there is a way of simplifying that, perhaps into a handy little pocket thing that might go out with the new badge when it is reissued that would give users and their carers an easy aide-memoire.

I note that the Bill does not tackle the highly contentious issue of eligibility for a badge, although I suspect that eligibility is the area that many people with disabilities are more concerned about.

Most of this short Bill is very sensible, and helpful to local authorities and the police in terms of setting out formal processes for the cancelling of badges when they are no longer held by the person to whom they were issued, and to increase the number of people able to inspect badges.

I am sure that it is right and helpful to permit authorised enforcement officers in plain clothes to inspect badges. It is also right for them to be able to confiscate a badge which they believe to have been cancelled, due for return, or because it is a fake. However, I have slight concerns about the wording in Clause 3(4)(a), which could be interpreted as a very sweeping statement. It says,

“should have been returned to the issuing authority in compliance with regulations under subsection (6) of that section or a notice under subsection (7A)(b) of that section”.

My noble friend Lady Thomas has helpfully clarified that these powers are limited and do not give an enforcement officer the right to confiscate a badge should they believe the holder is no longer displaying a level of disability that would entitle them to a badge. If so, I am reassured. It would be very worrying if untrained officers, who know nothing about the wide range of disabilities and how they manifest themselves, took it upon themselves to seize a badge. For example, someone with an invisible heart condition might appear well, might even be able to walk to the shop that they are trying to get to, and to all intents and purposes look fit and healthy to an untrained eye.

This raises the more general issue about the training of enforcement officers. Will my noble friend Lady Thomas or the Minister tell the House what training there is for those police or enforcement officers who have the power to confiscate? Do they have training to understand and recognise disabilities and how to work with people with disabilities? For example, what skills are they given in communicating with people with disabilities such as severe hearing loss, who may be unable to discuss the matter easily with an officer? Perhaps this is an area that local authorities could look at with their staff and enforcement officers.

I have a minor concern about Clause 5, which concerns appeals. I absolutely agree that it should not be necessary for a badge holder to appeal to the Secretary of State should they be refused a badge, but I am worried that it appears there is no recourse to appeal against the decision of a local authority. Can the Minister confirm that this is the case? If so, is it right or fair that there is no appeal? For example, can a sub-committee be set up in a local authority to review that initial decision? That seems to be against natural justice.

Finally, I am pleased with the proposals for the Secretary of State to be responsible for issuing blue badges to members of the Armed Forces and persons employed in their support who are resident overseas. This is eminently sensible, given the movement of service personnel and the European nature of the current badge.

I thank my noble friend Lady Thomas of Winchester for bringing forward this Bill to your Lordships’ House. With those very minor concerns, I absolutely support the Bill.