Deregulation Bill

Debate between Lord Purvis of Tweed and Lord Wallace of Saltaire

Thursday 6th November 2014 Grand Committee

[Lord Wallace of Saltaire]

My Lords, we come to a set of government amendments—Amendments 76 to 78, 97 and 98—which we are introducing on motor racing. Currently motor racing on public roads can be permitted only by Parliament using the Private Bill procedure for specific events. These new provisions enable authorising bodies, in conjunction with the local highway authority, to run motor races on roads which have been closed for the purpose without the need for individual primary legislation. They also redress the anomaly which allows local authorities to close roads for all sorts of events, such as street parties, parades and motor events that do not involve racing, as well as for cycle racing, as in Yorkshire this summer, but not motor racing. The amendment will extend that permission to motor races.

The sorts of races envisaged are small-scale local events, such as rally stages, sprints and hill climbs—not a London Grand Prix. Although the legislation removes a potential obstacle to on-road F1 races, major logistical and financial challenges remain and it is not likely that one would be held. The Motor Sports Association and the Auto-Cycle Union have estimated there might be up to 100 new events per year. The bulk would be very small events that would often form part of larger local festivals and events. They estimate that there might be one or two new very large events annually on the scale of the Jim Clark Rally in the Scottish Borders, which is permitted under private legislation. Similar events are already permitted in the Isle of Man and Northern Ireland, where the major racing events the North West 200 festival and the Ulster Grand Prix—both motor cycling—provide major financial investment, attracting thousands of spectators from home and abroad.

The Government consulted on the proposals in the spring of 2014. Even treating all the template replies organised by the motor sport organisations as one reply, there was overwhelmingly strong support for all but one of the proposals. The one proposal not agreed to is not being carried forward. The provisions in new Sections 12A to 12F provide for England and Wales and the provisions in new Sections 12G, 12H and 12I provide for Scotland. These are different due to the specifics of the legislative system in Scotland and also reflect the preferences of colleagues north of the border for greater central government input.

The amendment for England and Wales allows a person who wishes to promote a race or trial of speed to apply to one of the motorsport governing bodies for a permit. These bodies will be appointed by regulation and we expect them to be the Motor Sports Association for car races and the Auto-Cycle Union for motorbike races being the very experienced bodies which authorise on and off-road events. The motor racing body would consult the highway authorities, the police, local authorities and anyone else who has requested to be involved and ensure that enough information is provided on resources, safety and other arrangements. That would include having sufficient insurance. Once satisfied, the body would then be able to issue a permit setting out the route and any relevant conditions.

The organiser would then apply to the local highway authority for a motor race order. He would need to provide a risk assessment. The local authority would consider the impact on the local community, the potential benefits and any other relevant factors, such as safety, before deciding whether to proceed. We envisage a high degree of consultation and engagement with such bodies as the police and emergency services before any such decision is taken. This would ensure that races are run only where it is safe and sensible to do so. The local authority would be able to charge a fee for considering the application for a motor race order.

The legislation then specifies some provisions that would be disapplied during these races. They include, among other things, speed restriction, traffic signs and licensing and insurance requirements, but not the provisions in the Road Traffic Act 1988 relating to drink and drugs. This new section would also disapply Sections 1 to 3 of the Road Traffic Act 1988—road traffic offences related to careless and dangerous driving—in respect of competitors. This is because competitive driving has an element of increased risk, since it involves conduct, such as driving at speed, that would be considered careless or dangerous in normal driving conditions, and the vehicles used for some forms of race are not road legal and do not comply with the construction and use requirements. National authorities will be able by regulation to amend the list of disapplied road traffic legislation.

The proposed amendment for Scotland permits motor racing and trials of speed on public roads so long as the event is authorised by regulation and is held in accordance with any conditions imposed on the promoter by or under the regulations. It also disapplies Sections 1 to 3 of the Road Traffic Act 1988—road traffic offences related to careless and dangerous driving—in respect of competitors. The amendment allows Scottish Ministers to make provisions by regulation that specified provisions of legislation should not apply, or should apply subject to modification, to participants in authorised events. These provisions could cover, among other things, speed restrictions, traffic signs, licensing and insurance requirements. These regulations will not be able to disapply the provisions in the Road Traffic Act 1988 relating to drink and drugs, as in England and Wales. Scottish Ministers will be able by regulation to amend Section 16A of the Road Traffic Regulation Act 1984 to add to the list of statutory provisions which may be suspended by a road closure order. The legislation provides that the promoter would be liable in damages if their action, or that of a participant, caused personal injury or damage to property, unless the promoter could show that they had taken reasonable steps to prevent it. This amendment amends Section 16A of the Road Traffic Regulation Act 1984 in respect of England, Scotland and Wales to allow local authorities to close roads in order to hold motor races.

The Government consulted on these proposals and there was strong support for this provision. We envisage a high degree of consultation that would ensure that races are run only where it is safe and sensible to do so. Certain legislation would be disapplied during these races, including speed restrictions and road traffic offences related to careless and dangerous driving in respect of competitors. I beg to move.

[Lord Purvis of Tweed (LD)]

My Lords, I support the amendments in this group, in particular those that transfer powers to Scottish Ministers. I crave the indulgence of noble Lords as I have not taken part in this Bill in Committee so far, but having listened to the eclectic subjects of schooling, tourism, licensing evenings in villages halls, haircuts, whisky ice cream and the size of Mars bars, it is much more attractive for me to carry on to take part in the debate.

These amendments are welcome. They reflect that rallying in Scotland has a long history and is enjoyed by thousands of dedicated individuals: spectators, drivers and volunteers. Scottish drivers and co-drivers have reached the highest levels of competition, for example, winning the World Rally Championship and building on Scotland’s motor sport tradition. As the Minister indicated, for more than 40 years the memorial rally for Jim Clark has been a fixture in the Scottish rally scene, in particular in the Scottish Borders in the constituency of my right honourable friend Michael Moore and in the ward of Councillor Frances Renton who is a tireless supporter of the rally. For more than 40 years, this annual event has taken place on private roads and tracks in the Scottish Borders in memory of my father’s hero Jim Clark, who was Formula One World Drivers’ Champion in 1963 and 1965. It is the only closed-road rally in mainland UK and therefore this measure will be of relevance to the Scottish Borders and the Jim Clark Rally.

It is held over three days in the Scottish Borders. It is worth acknowledging the work over many years by dedicated volunteers, and the real professionalism in the local authority and the local police and emergency services. However, despite that, this year the rally was struck by tragedy and three spectators were killed.

Devolution and Decentralisation: Constitutional Commission

Debate between Lord Purvis of Tweed and Lord Wallace of Saltaire

Monday 23rd June 2014 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, Part II of the Silk report has only just been published and the Government are currently considering it. Given the amount of constitutional change and devolution over the past few years, the idea that we are in a status quo situation is not fair. We are moving and will have to move further. The question of how we move—whether we go to a UK-wide commission or, indeed, a convention, as the committee in the other place suggested—is one we all need to consider. The Government will certainly be thinking about this in the light of the September referendum, which, as the noble Lord rightly suggests, involves the future of Wales, Northern Ireland and the English regions altogether.

[Lord Purvis of Tweed (LD)]

My Lords, does the Minister agree that it will be important to move on quickly in the event of a no vote in the Scottish referendum to deliver on the cross-party consensus for strengthening the Scottish Parliament among the three parties which do not support independence? My right honourable friend Alistair Carmichael has announced a conference on the new Scotland to meet shortly after the referendum to help bring that about. Does the Minister further agree that it will be necessary for a new Government, with a new mandate and a new Parliament after 2015, to provide a holistic review of what the refreshed union will be post-referendum? That is why cross-party support for a conference on the new union, concerning the relations between the nations and Westminster and the operation of Whitehall departments, will hopefully be important in bringing about an overall review, which will serve the strength of the United Kingdom in which we surely all have an interest.

[Lord Wallace of Saltaire]

My Lords, that is an interesting idea which we should all consider debating further. The northern parts of England have interests in common with Scotland in wanting to counter the dominance of London, which is a part of the problem as well as a huge advantage for the United Kingdom in economic terms. It is a part of the dialogue that we all need to have.

West Lothian Question

Debate between Lord Purvis of Tweed and Lord Wallace of Saltaire

Tuesday 4th February 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the noble Lord may be aware that the Political and Constitutional Reform Committee of the House of Commons has, indeed, recommended the idea of a constitutional convention in a recent report. As someone who used to study the British constitution, I have to say that, on the whole, we have preferred to patch it, make do and then put a bit more in rather than attempt a complete redesign.

[Lord Purvis of Tweed (LD)]

My Lords, does my noble friend agree that one of the very positive aspects of devolving further taxation and fiscal power to the National Assembly for Wales and the Scottish Parliament is greater fiscal accountability for those institutions? As a former Member of the Scottish Parliament, I agree with that entirely. Does my noble friend agree that the best answer to the old question of the West Lothian question is to address the issue that it is actually a Westminster question, and that the answer to the old question is perhaps the old solution of British federalism?

[Lord Wallace of Saltaire]

My Lords, that was exactly the question I was debating with Russell Johnston in Edinburgh in 1968. There is more appetite for fiscal devolution in England, which means restoring to the cities and local authorities a great deal more autonomy in collecting and spending money themselves.