Psychoactive Substances Bill [Lords]

Debate between Mike Weir and Mike Penning

Monday 19th October 2015 Commons Chamber

[Mike Penning]

I apologise if I have confused hon. Members. Let me try again. There are relevant provisions: producing a psychoactive substance, which is dealt with in clause 4; supplying, or offering to supply a psychoactive substance, which is dealt with in clause 5; possession of a psychoactive substance with intent to supply under clause 7; and importing or exporting a psychoactive substance under clause 8. I apologise: I kind of misled the House unintentionally on individual possession. I was talking about intent to supply, not intent to use. Making a purchase from a foreign website would be caught, but the purchase on its own from a website or foreign website would not, and I apologise if I misled the House on that point.

[Mike Weir (Angus) (SNP)]

I thank the Minister for that. I support the Bill, but I am slightly concerned about clause 8, which says

“the person intentionally imports a substance,”

and

“the person…intends to consume the psychoactive substance for its psychoactive effects”.

It seems to me that if someone imports and possesses even a small amount of the substance over the internet he is criminalised, but if he bought it in a head shop, for example, he would not be criminalised, which seems to be a strange provision. My hon. Friend the Member for Glasgow North East (Anne McLaughlin) is trying to make the point that we support provisions to deal with people who have these substances with intent to supply, or are supplying them to people in an evil trade, but to criminalise people for having small amounts of those substances is slightly dangerous.

[Mike Penning]

That is not the Bill’s intention. As we go through the Bill in Committee we will endeavour to iron out those concerns.

Arbroath and Forfar Driving Test Centres

Debate between Mike Weir and Mike Penning

Tuesday 18th January 2011 Westminster Hall

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

I reiterate the earlier comments I made when you took the Chair, Mr Chope: it is a pleasure to serve under your chairmanship. I congratulate the hon. Member for Angus (Mr Weir). He is doing exactly what I would do if I were a Back Bencher—standing up for his community.

Let us agree on some things from the start. If the waiting list is 10 to 12 weeks—I take the hon. Gentleman’s word that that is the case—the centres will not close until they are within the guidelines, which is six weeks. Pre-bookings are an issue. People can pre-book in bulk, which causes a problem. The hon. Gentleman said that there were bookings into March. There will be pre-bookings in cases when instructors can predict that their pupils are likely to be able to take the test at that time. That is why there are pre-bookings. It happens around the country—it happened when my daughter was doing her test just 18 months ago.

There is an issue relating to consultation. However, I must say that I have inherited the Driving Standards Agency code of practice that his Government put into place.

[Mr Weir]

Will the Minister give way?

[Mike Penning]

No. I sat and listened, so the hon. Gentleman can listen to me for a few minutes longer and then he can intervene. Let me make my point first. I inherited the current situation. As a result of the distance travelled, the code of practice brought in by the previous Government states that there does not have to be a consultation. I am looking at that issue because I do not think it is acceptable. I am eight months into the job and I have a very large portfolio. I accept that there are issues, but I inherited this situation and I will look at it and see if we can change it. I am happy to do so as long as the hon. Gentleman accepts that his Government were the problem and were closing driving test centres long before I was appointed to my post.

[Mr Weir]

I do not accept that. I was not a supporter of the previous Government just as I am not a supporter of this Government. I represent the Scottish National party. I accept the Minister’s point that he did not introduce the code of practice, but the code of practice exists and he is the Minister. He says he is looking at it, but will he suspend closures until he considers the matter in more detail?

[Mike Penning]

I humbly apologise to the hon. Gentleman. It was wrong and improper of me to assume that he was a member of the previous Government. It is probably because there has been a coalition in Scotland over the years since I have been in politics. I completely and humbly apologise; it was an insult.

[Mr Weir]

It was a great insult.

[Mike Penning]

I have been insulted many times over the years. I am sure we can solve the problem over a pint of beer.

I am not going to do as the hon. Gentleman suggests because I want the Driving Standards Agency to make progress. I shall touch on several points, including those made by my hon. Friend the Member for Warrington South (David Mowat), regarding how we should be dealing with the matter. The issue has nothing to do with bricks and mortar and buildings; it is about the quality of service, the test and the people who are taking the test. I shall work backwards through the issues.

Long before I took over this portfolio, one of the biggest things that worried me as a father and that worries me now as a Minister is that people are being taught to pass a test, rather than how to drive and be safe on the road for themselves and other road users. My daughter is going through the process at the moment—as is the daughter of the hon. Member for Angus—which is difficult and strenuous. I intend to make it more difficult, not because I am picking on young people, or on anyone who is taking their test, but because if we consider the statistics on 17 to 25-year-old people who pass their test—predominantly boys—they are a huge risk to themselves, other road users and their passengers.

A frightening statistic shows that the riskiest thing a lady aged 17 to 25 can do is to sit in the passenger seat of a car with a 17 to 25-year-old boy of any description, whether he is related to the lady or not. That is a frightening thing. The system is not working, so we must look at what the test involves. For someone to say, “That test centre has a better pass rate than that one so it should stay open,” is really looking at things from the wrong end of the telescope. We have recently changed the driving test to give young drivers in particular—and other drivers—the skills that they need when they leave the test centre and they are sitting in a car on their own with no one telling them which way to go, and they have not driven the route 100 times with their instructor.

[Mr Weir]

I do not disagree to a large extent with what the Minister is saying. I agree that there is sometimes a serious problem with young drivers. I accept that a 10-minute independent drive is now part of the test, but does he not accept that if someone learns to drive in a congested city area and they are faced with the country roads of somewhere such as Angus or perhaps his own constituency, they experience very different driving conditions that are perhaps not the appropriate driving conditions? It would be better if they understood the conditions in which they will be driving, at least in the early months of their driving.

[Mike Penning]

When someone passes their test, there is no restriction at all on where they can drive in the country. Someone can pass their test in Angus, drive to the nearest dual carriageway on their own and go down the motorway. I am also seriously considering how we can give the relevant skills to young drivers who have never driven on a motorway in their life, whether or not someone is sat next to them. At the moment, they can pass their test and go straight on the motorway. We must work on dealing with that.

I am surprised that the hon. Gentleman has not looked at the changes that have recently been made to the driving test. We have dealt with the problem of someone going to an area because they know it. We are not publishing the routes that people take for their test, and instructors will not know what the examiners are going to do. However, I agree that people have to understand how to drive on rural roads, which we have in parts of my constituency as well as in that of the hon. Gentleman, and in urban areas. We must have a situation in which we increase the skill base. I have listened to the instructors in certain areas and they have said, “This will have a detrimental effect because we will have to teach them to go there.” That is based on old knowledge and on the fact that we used to publish the routes that examiners would take. We are no longer going to do that. They will not know the routes. People will not only have to be able to drive for 10 minutes without being guided, which is what happens when people have passed their test, but they will not know the routes. The instructors do not know the routes; things will not happen that way.

This a short debate, so let us touch on the important points raised by the hon. Gentleman because I find some of them very worrying, especially his analogy. The reason I changed the motorcycle test is because someone could drive for up to two hours to a test centre and be taken off-road to a piece of tarmac that the Government own to do an off-road test. They could fail the test, yet be allowed to drive two hours back, or whatever the distance is. The test was not fit for purpose, which is why I have reviewed it. The whole test will be on the road, not off-road, and will be done in one go, unlike the present on-road and off-road arrangement. That will give motorcyclists the skills that will enable them to make progress, about which I have been talking in relation to car drivers. The analogy is not there.

As I have said, what is important—I will consider this matter—is that if the waiting list is as great as the hon. Gentleman says and it is blocked, these centres will not close until the capacity can be taken up in Dundee. I give that commitment today. We have to be in that situation. However, I will consider the matter of block bookings by driving instructors who pre-book extensively and block up areas, so that there are no bookings available for other people.

In the short period of time we have for the debate, let us look, if we can, at what the test should be for and see if we can go forward fixated not with buildings, but with service to the community and the people who want to take their test.

[Mike Penning]

My hon. Friend is absolutely right. The Select Committee, under the previous Administration, had real concerns about how the motorcycle test was fundamentally changed. It felt that the Government had misinterpreted guidance on kilometres—in English, motorcyclists had to do just under 31 miles an hour. I agree, fundamentally, with the Select Committee, which is why we have broken away from that. We have a pilot at the moment and we have worked with the industry—the testers, the unions and everybody out there—to get a test that I hope is closer to fit for purpose.

There is a fundamental difference, I am afraid, regarding the motorcycle test centres. A plethora of them appeared all over the country. The big problem was finding suitable off-road facilities for part one of the test. I looked at that, and the review looked at it. It was farcical that we spent millions and millions of pounds building pieces of tarmac that, in the near future, we will have to sell off because we do not need them any more.

The key issue and the most important thing, to return to what I was saying, is not the building, the instructors, Members of Parliament or Ministers, but the people who take their test. The test has to be fit for purpose. I am not at all worried about a drop in pass rates, because that would tell me something. For example, quite a few people think that their instructor is a qualified driving instructor—very often, they are not. That is something we need to look at to ensure that the public know exactly who is qualified and who is not. We need to ensure that the test is fit for purpose, and we are doing a lot of work on that.

The next stage is to ask why people who want to take their test have to go to the instructor. Why can the instructor not come to them? The two test centres mentioned earlier, in Forfar and Arbroath, are open two days a week. Why is there not a facility, whatever the demand is, for a tester to go people’s community two days a week? Why are we fixated with a Soviet system that means that people have to come to Government so that we can give them a piece of paper that says they can drive? That, to me, is the way forward. Other countries around the world have looked at that and do not have test centres that are physically big. There are test centres where instructors are based, and they then go out into the community. That would alleviate many of the concerns that the hon. Member for Angus has raised today—how far people have to go, the cost to the community, the risk to instructors and so on. Some of that fear is unfounded and I have touched on why, especially given the developments in the test, but I am more than willing to look at whether it is right, in the 21st century, that if someone wants a piece of paper or card that says that the Government say they can drive a car, motorcycle or a lorry, they have to go into a Government building in Dundee, or wherever it happens to be—in my case, in St Albans.

It is fit and proper to look closely at how the DSA works. I accept some of the criticisms. I have already said that I will look carefully at how the consultation process works. I would like to have been told. I apologise to the hon. Member for Angus for not sending him a letter, because I write to everybody when there are closures and I do not know how that one slipped through the net. I also apologise on behalf of the DSA and the Department, because I am absolutely paranoid about writing to MPs when something happens in their constituency. I think that it is very important that MPs are informed. I will look at the guidance on how the code of practice works. It is not difficult to consult on these things; it is difficult to know how far to go, but it is important that we do so. We must not, I stress, be fixated with buildings. Buildings deliver a service that could be delivered in other ways.

[Mr Weir]

It is not a fixation about buildings; it is a fixation about the service being available in the community. If the Minister can tell me I am wrong I would be delighted to have further details, but what appears to be happening is that the service has been removed from the local community. People will still have to go to a building. That building will not be in Arbroath and Forfar, however, it will be in Dundee, and that will be severely detrimental to the community.

[Mike Penning]

The hon. Gentleman is right. Under the proposals, that is what will happen. There is not full-time demand in his constituency, so we have a building sitting empty for three days of the week. That is a fact, and I cannot afford to do that in the present situation. Going forward—I stress going forward—the proposals will be developed. It will take time; they will have to be piloted and pushed forward in consultation with the whole of the industry, whether testers or instructors, and relevant MPs, to ensure that there is proper debate.

It must be right that we offer services to the community. That is what this is about. It is not about the buildings, as the hon. Gentleman said, it is about service to the community. At the moment, in his constituency, the service is being taken up on two days a week. That is what I am told. If I am wrong, people should write to me and tell me. The demand may be there, but the centres are not operating for more than two days a week. That is where we are.

Given the cost and the really difficult fiscal situation that we are in, which is the same in Scotland as it is in Wales, Northern Ireland and England, we have to ensure that all assets are being sweated as much as they can be. I will look carefully at the consultation. I will look carefully at the amount of waiting times, but I think I will find a lot of block bookings from the instructors the hon. Gentleman mentioned earlier. If it is a problem of block bookings, we will have to address it. However, if the waiting time is more than six weeks—more than the code of conduct says—they will not close until it is inside six weeks. That is a commitment I give today. What we all want, for all our constituents, is for the test to be fit for purpose, and for people to be able to enjoy the road, no matter what vehicle they pass their test on, so that they are safe for themselves and others. At the moment, I stress that we have a lot of work to do on the test to make it fit for purpose in the 21st century.