Driving Instructors (Registration) Bill

Lord Ahmad of Wimbledon Excerpts

Friday 11th March 2016 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, I thank all noble Lords who taken part in our debate this afternoon and in doing so join other noble Lords in thanking my noble friend Lord Attlee for bringing forward this Bill. I thank him for laying out the particulars of the Bill so clearly and comprehensively. I also thank the noble Lord, Lord Rosser, and the noble Viscount, Lord Simon, for their support behind the principles of this Bill, which the Government are pleased to support. I confirm that in my view the provisions of the Driving Instructors (Registration) Bill are compatible with the European Convention on Human Rights.

As my noble friend Lord Attlee has pointed out, it is unlawful for a person to carry out paid driving instruction unless they are an approved driving instructor and appropriately registered as such. That has been the case since the 1960s. Primarily, that is to protect road safety by ensuring that instructors are qualified to deliver a suitable level of instruction to learner drivers. Great Britain has some of the safest roads in the world—a position we should be justly proud of, but not complacent about. We therefore need to ensure that a robust system is in place to assure the qualification of driving instructors and maintenance of standards of instruction. That said, Great Britain is considered by many other countries to have a proportionate regime in place for the qualification of driving instructors. However, we must recognise that some of the legislation regarding the registration of instructors is out of date and due for a change. That is why we are here today—to make some minor, deregulatory changes to update that legislation and modernise the system for registering driving instructors.

I will come to the reasons for the changes very shortly, but first, let me assure noble Lords that standards of instruction will not be compromised. Updating the system to allow instructors to take a break from the profession and then to return via a simplified route will require a demonstration of competence as a driving instructor. I want to make that very clear.

The simplified route will still require a test to be passed and a check of driving instructors’ character and conduct to be taken, commonly known respectively as a standards check and a fit and proper check. The standards check will test their continued ability to deliver driving instruction and is the same check that practising instructors on the register must pass to renew their registration for a further four years. This route will be available only to instructors who have been away from the profession for between one and four years, so they will have been practising fairly recently and will not have lost their skills and knowledge.

The fit and proper check which is carried out when ADIs first qualify for entry on to the register and upon renewal of their registration is a check of criminal records which includes checking for road traffic and other offences which may be taken into account in determining their fitness to instruct. We must also be aware that the regulation of driving instructors is to protect young and vulnerable persons who may be isolated in a one-to-one situation with an adult. Many new drivers start lessons at the age of 17 and are considered to be children until they reach 18 years old. We have a duty to ensure that these persons are not put at risk.

A further protection is that this simplified route will not be open to those who have been removed from the register due to disciplinary reasons. Instructors who would have been removed from the register to protect public safety will have to apply for re-entry by undertaking the full three-part examination to demonstrate that they are fully competent. For this combination of reasons, I am reassured that the Bill will offer benefits to those who genuinely need them, but will not offer a loophole to others seeking to avoid having to demonstrate their competence as driving instructors.

This brings me specifically to the reasons for introducing the Bill. The current system in place for the registration of driving instructors does not take account of modern-day working practices which allow for flexible working conditions such as career breaks to start a family, to undertake caring commitments, developmental opportunities or to receive medical treatment. When the system was introduced in the 1960s, it was a very different time and many women who left work to raise a family found it difficult to return. It was also unknown, I think, to consider a break for developmental reasons such as to take further education courses. Moreover, back in the 1960s the recovery rate for people having undergone treatment for serious illnesses was considerably less than it is today, given the progress we have seen with modern medicines and therapies. It is for these reasons that the system and the legislation need to be updated.

The registrar, who is responsible for maintaining the register of approved driving instructors, received over 600 requests last year from ADIs to be voluntarily removed from the register as they were no longer practising for one reason or another. As we have heard from my noble friend Lord Attlee, the only way a person can leave the register is if their registration expires or they are removed for refusing the standards check, which is considered a disciplinary action and can affect their return. The noble Lord, Lord Rosser, also mentioned this point. That is greatly unfair. To return to the register under such circumstances means that currently they have to requalify by taking the three-part examination. Changes are needed to allow those who wish to leave the profession to do so without penalty and to return within a reasonable timeframe so as not to compromise standards, but without having to undergo another qualification.

Requests have been made to leave the register voluntarily to start a family, to care for a sick relative, to receive medical treatment for cancer or because of a heart attack, among other valid reasons. Many of these people have stopped practising their profession and are in no fit mind to undergo a standards check to continue with their registration, but take the standards check anyway to avoid having to requalify. These people should be able to leave the register voluntarily and then return if they so wish within the timeframe allowed under a more straightforward route.

Let us also not forget that driving instructors are in the main sole traders, so are defined as microbusinesses. The Government are committed to helping small businesses, and this is an opportunity to do so. It is for this reason that the Bill provides, as we have heard, for two deregulatory measures to simplify the registration of driving instructors. First, it allows them re-entry to the register under a simplified procedure if they apply within four years of leaving, and secondly, it allows an instructor to request voluntary removal from the register and to return at a later date under the simplified process.

The noble Lord, Lord Rosser, asked about the consultation. There was a full public consultation in 2013. Almost 90% of the responses received supported the two proposals in the Bill. The responses we received were mainly from ADIs and amounted to 1,679. There was a further consultation more recently, which took place with the main six ADI national associations, which also support the provisions.

I consider the Bill appropriate for the Government to support and once again thank my noble friend Lord Attlee for bringing it forward. I hope that he gets the support that he deserves.