Scotland Bill

Marquess of Lothian Excerpts

Tuesday 28th February 2012 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, at the moment you could be in a position in which you gain penalty points, which could cumulatively lead to you losing your licence, because you have breached a 20 miles per hour speed limit set by a local authority. Just because a local authority in Hampshire would not necessarily have designated a 20 miles per hour limit for a similar area, that in no way means that the penalty points that you have accumulated for speeding—perhaps outside a school in Lanarkshire—should somehow be discounted. The point is that if the decision made by the Scottish Parliament was that the law should reflect the problem of alcohol abuse in Scotland, it follows that people are aware of the penalties.

[The Marquess of Lothian]

I have listened carefully to what the Minister has said. He quite rightly said that there are signs to tell you whether the speed limit is 30, 40 or 50 miles per hour. I live in the borders as well and sometimes, to get from one part of the Scottish borders to another, I go through England. Is he suggesting that there should be signs to tell us what the drink driving limit is on both sides of the border?

[Lord Wallace of Tankerness]

I am suggesting that the noble Marquess, being a responsible citizen and knowing the circumstances, will know that the law is different in Scotland and England. After all, let us recall that the Scottish Parliament introduced a ban on smoking in public places well ahead of other parts of the United Kingdom, yet there appeared to be no problem with visitors to Scotland not knowing that the ban existed in Scotland, albeit that at the same time it did not exist in England. These matters will not be dealt with clandestinely. You can bet your life that if the change is made it will be well broadcast. Indeed, as my noble friend Lord Younger indicated, a change was made in the Republic of Ireland that was well known. I am sure it was well known throughout the island of Ireland. Living in Scotland and working in London, I was certainly conscious that that particular change had been made.

On the question of penalties, there is of course no maximum limit to a disqualification. These matters are best taken into account by the court. I hear what the noble and learned Lord says about the minimum disqualification period, especially if it were to apply in the event of there ever being zero tolerance of alcohol. He makes a point that I certainly wish to reflect on because it is a different point. If there is a maximum limit, no special arrangements need to be made as it is properly a matter for the court to take into account when determining the circumstances of any given offence.